requires two-thirds majority vote (§ 33)
S.B. 27
Senate Bill No. 27–Senator Wiener
Prefiled January 30, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for regulation of athletic trainers and for appointment of Advisory Committee to make recommendations to Legislature concerning regulation of personal trainers. (BDR 54‑5)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: 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 such licenses; providing for the regulation of athletic trainers; providing a penalty; requiring the Board to appoint an Advisory Committee to make recommendations to the Legislature concerning the regulation of personal trainers; 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
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 37, inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 12,
1-6 inclusive, of this act have the meanings ascribed to them in those
1-7 sections.
1-8 Sec. 3. “Athlete” means a natural person who:
1-9 1. Participates in an athletic activity conducted by:
1-10 (a) An interscholastic or intercollegiate association;
2-1 (b) A professional organization; or
2-2 (c) An amateur athletic organization; or
2-3 2. Participates in a recreational sport activity that:
2-4 (a) Has officially designated coaches;
2-5 (b) Conducts regularly scheduled practices or workouts that
2-6 are supervised by coaches; and
2-7 (c) Has established schedules for competitive events or
2-8 exhibitions.
2-9 Sec. 4. “Athletic injury” means an injury or athletic-related
2-10 illness, or both, that a person sustains as a result of:
2-11 1. His participation in an athletic activity conducted by:
2-12 (a) An interscholastic or intercollegiate association;
2-13 (b) A professional organization; or
2-14 (c) An amateur athletic organization; or
2-15 2. His participation in a recreational sport activity that:
2-16 (a) Has officially designated coaches;
2-17 (b) Conducts regularly scheduled practices or workouts that
2-18 are supervised by coaches; and
2-19 (c) Has established schedules for competitive events or
2-20 exhibitions.
2-21 Sec. 5. “Board” means the Board of Athletic Trainers.
2-22 Sec. 6. “Direction” means an order issued by a licensed
2-23 physician to follow as a protocol, recommendation or oral order
2-24 that is documented by the licensed athletic trainer or physician, or
2-25 both.
2-26 Sec. 7. “Graduate student athletic trainer” means a graduate
2-27 student who:
2-28 1. Is enrolled in a graduate program of study approved by
2-29 the Board; and
2-30 2. Engages in the practice of athletic training under the
2-31 supervision of a licensed athletic trainer.
2-32 Sec. 8. “License” means a license issued pursuant to the
2-33 provisions of this chapter.
2-34 Sec. 9. “Licensee” means a person who has been issued a
2-35 license as an athletic trainer pursuant to the provisions of this
2-36 chapter.
2-37 Sec. 10. 1. “Practice of athletic training” means:
2-38 (a) The prevention, recognition, assessment, evaluation,
2-39 management, treatment, disposition, rehabilitation or
2-40 reconditioning of the athletic injury of an athlete:
2-41 (1) Whose condition is within the professional preparation
2-42 and education of the licensed athletic trainer; and
2-43 (2) That is performed under the direction of a licensed
2-44 physician;
3-1 (b) The organization and administration of programs of
3-2 athletic training;
3-3 (c) The administration of an athletic training room;
3-4 (d) The provision of information relating to athletic training to
3-5 members of the public; or
3-6 (e) Any combination of the activities described in paragraphs
3-7 (a) to (d), inclusive.
3-8 2. The term does not include the diagnosis of a physical
3-9 disability, massaging of the superficial soft tissues of the body or
3-10 the use of Xrays, radium or electricity for cauterization or surgery.
3-11 Sec. 11. “Student athletic trainer” means an undergraduate
3-12 student who:
3-13 1. Is enrolled in an undergraduate program of study
3-14 approved by the Board; and
3-15 2. Engages in the practice of athletic training under the
3-16 supervision of a licensed athletic trainer.
3-17 Sec. 12. “Supervision” means clinical on-site direction given
3-18 by a licensed athletic trainer to a student athletic trainer or
3-19 graduate student athletic trainer who is in the direct line of sight
3-20 and within hearing distance of the licensed athletic trainer.
3-21 Sec. 13. The practice of athletic training is hereby declared
3-22 to be a learned profession, affecting public health, safety and
3-23 welfare, and subject to regulation to protect the public from the
3-24 practice of athletic training by unqualified persons and from
3-25 unprofessional conduct by persons who are licensed to engage in
3-26 the practice of athletic training.
3-27 Sec. 14. A license issued pursuant to the provisions of this
3-28 chapter is a revocable privilege, and the holder of the license does
3-29 not acquire thereby any vested right.
3-30 Sec. 15. The provisions of this chapter do not apply to:
3-31 1. A person who is licensed pursuant to chapters 630 to 637,
3-32 inclusive, or chapter 640 or 640A of NRS, when acting within the
3-33 scope of that license.
3-34 2. A person who is employed by the Federal Government and
3-35 engages in the practice of athletic training within the scope of that
3-36 employment.
3-37 3. A person who is employed as an athletic trainer outside
3-38 this state when engaging in the practice of athletic training within
3-39 the scope of that employment in connection with an athletic event
3-40 held in this state.
3-41 Sec. 16. 1. The Board of Athletic Trainers is hereby
3-42 created.
3-43 2. The Governor shall appoint to the Board:
3-44 (a) Four members who:
4-1 (1) Are licensed as athletic trainers pursuant to the
4-2 provisions of this chapter; and
4-3 (2) Have engaged in the practice of athletic training or
4-4 taught or conducted research concerning the practice of athletic
4-5 training for the 5 years immediately preceding their appointment;
4-6 and
4-7 (b) One member who is a representative of the public.
4-8 3. Each member of the Board:
4-9 (a) Must be a resident of this state; and
4-10 (b) May not serve more than two consecutive terms.
4-11 4. After the initial terms, the members of the Board must be
4-12 appointed to terms of 3 years.
4-13 5. A vacancy on the Board must be filled in the same manner
4-14 as the original appointment.
4-15 6. The Governor may remove a member of the Board for
4-16 incompetence, neglect of duty, moral turpitude or malfeasance in
4-17 office.
4-18 7. No member of the Board may be held liable in a civil
4-19 action for any act he performs in good faith in the execution of his
4-20 duties pursuant to the provisions of this chapter.
4-21 8. The member of the Board who is a representative of the
4-22 public shall not participate in preparing or grading any
4-23 examination required by the Board.
4-24 Sec. 17. The Nevada Athletic Trainers Association, or its
4-25 successor organization, shall, at least 30 days before the beginning
4-26 of a term of a member of the Board, or within 30 days after a
4-27 position on the Board becomes vacant, submit to the Governor the
4-28 names of not less than three persons or more than five persons
4-29 who are qualified for membership on the Board for each position
4-30 that must be filled by an athletic trainer. The Governor shall
4-31 appoint new members or fill a vacancy from the list, or request a
4-32 new list. If the Nevada Athletic Trainers Association, or its
4-33 successor organization, fails to submit nominations for a position
4-34 on the Board within the periods prescribed in this section, the
4-35 Governor may appoint any qualified person.
4-36 Sec. 18. 1. The Board shall:
4-37 (a) Elect from its members a Chairman at the first meeting of
4-38 each year; and
4-39 (b) Meet at least three times each year at the call of the
4-40 Chairman of the Board, or upon the written request of at least
4-41 three members of the Board.
4-42 2. A majority of the members of the Board constitutes a
4-43 quorum for the transaction of the business of the Board.
5-1 Sec. 19. 1. The Board shall prepare and maintain a
5-2 separate list of:
5-3 (a) The licensees.
5-4 (b) The applicants for a license.
5-5 (c) The licensees whose licenses have been revoked or
5-6 suspended within the preceding year.
5-7 2. The Board shall, upon request, disclose the information
5-8 included in each list and may charge a fee for a copy of a list.
5-9 3. The Board shall:
5-10 (a) Prepare and maintain a record of its proceedings and
5-11 transactions;
5-12 (b) Adopt a seal of which each court in this state shall take
5-13 judicial notice; and
5-14 (c) Enforce the provisions of this chapter and any regulations
5-15 adopted pursuant thereto.
5-16 Sec. 20. The Board shall adopt regulations to carry out the
5-17 provisions of this chapter, including, without limitation,
5-18 regulations that establish:
5-19 1. The passing grades for the examinations required by
5-20 sections 26 and 27 of this act;
5-21 2. The standards of practice for athletic trainers; and
5-22 3. The requirements for continuing education for the renewal
5-23 of a license of an athletic trainer. The requirements must be at
5-24 least equivalent to the requirements for continuing education for
5-25 the renewal of a certificate of an athletic trainer issued by the
5-26 National Athletic Trainers Association Board of Certification or
5-27 its successor organization.
5-28 Sec. 21. A member of the Board, an employee of the Board
5-29 or a person designated by the Board may inspect any office or
5-30 facility where a person is engaged in the practice of athletic
5-31 training to determine whether each person who is engaged in the
5-32 practice of athletic training in that office or facility is in
5-33 compliance with the provisions of this chapter and any regulations
5-34 adopted pursuant thereto.
5-35 Sec. 22. 1. The Board may employ an Executive Secretary
5-36 and any other persons necessary to carry out its duties.
5-37 2. The members of the Board are not entitled to receive a
5-38 salary.
5-39 3. While engaged in the business of the Board, each member
5-40 and employee of the Board is entitled to receive a per diem
5-41 allowance and travel expenses at a rate fixed by the Board. The
5-42 rate must not exceed the rate provided for officers and employees
5-43 of this state generally.
5-44 Sec. 23. The Board shall operate on the basis of a fiscal year
5-45 beginning on July 1 and ending on June 30.
6-1 Sec. 24. 1. Except as otherwise provided in subsection 4, all
6-2 reasonable expenses incurred by the Board in carrying out the
6-3 provisions of this chapter must be paid from the money that it
6-4 receives. No part of the expenses of the Board may be paid from
6-5 the State General Fund.
6-6 2. All money received by the Board must be deposited in a
6-7 bank or other financial institution in this state and paid out on its
6-8 order for its expenses.
6-9 3. The Board may delegate to a hearing officer or panel its
6-10 authority to take any disciplinary action pursuant to this chapter,
6-11 impose and collect fines and penalties related to that disciplinary
6-12 action and deposit the money from the fines and penalties in a
6-13 bank or other financial institution in this state.
6-14 4. If a hearing officer or panel is not authorized to take
6-15 disciplinary action pursuant to subsection 3, the Board shall
6-16 deposit all money collected from the imposition of fines and
6-17 penalties with the State Treasurer for credit to the State General
6-18 Fund. If money has been deposited in the State General Fund
6-19 pursuant to this subsection, the Board may present a claim to the
6-20 State Board of Examiners for recommendation to the Interim
6-21 Finance Committee if money is needed to pay attorney’s fees or
6-22 the costs of an investigation, or both.
6-23 Sec. 25. 1. Except as otherwise provided in subsection 2,
6-24 unless he has been issued a license as an athletic trainer by the
6-25 Board pursuant to the provisions of this chapter, a person shall
6-26 not:
6-27 (a) Engage in the practice of athletic training;
6-28 (b) Hold himself out as licensed or qualified to engage in the
6-29 practice of athletic training; or
6-30 (c) Use in connection with his name any title, words, letters or
6-31 other designation intended to imply or designate him as a licensed
6-32 athletic trainer.
6-33 2. A student athletic trainer or graduate student athletic
6-34 trainer may engage in the practice of athletic training while under
6-35 the supervision of a licensed athletic trainer.
6-36 3. If the Board determines that a person has engaged, or is
6-37 about to engage, in any act or practice that constitutes, or will
6-38 constitute, a violation of the provisions of this section, the Board
6-39 may make an application to an appropriate court for an order
6-40 enjoining that act or practice, and upon a showing by the Board
6-41 that the person has engaged, or is about to engage, in that act or
6-42 practice, the court shall issue an injunction against that act or
6-43 practice. Such an injunction does not prevent a criminal
6-44 prosecution for that act or practice.
7-1 Sec. 26. 1. An applicant for a license as an athletic trainer
7-2 must:
7-3 (a) Be of good moral character;
7-4 (b) Be a citizen of the United States or lawfully entitled to
7-5 remain and work in the United States;
7-6 (c) Have at least a bachelor’s degree in a program of study
7-7 approved by the Board;
7-8 (d) Submit an application on a form provided by the Board;
7-9 (e) Submit a complete set of his fingerprints and written
7-10 permission authorizing the Board to forward the fingerprints to
7-11 the Central Repository for Nevada Records of Criminal History
7-12 for submission to the Federal Bureau of Investigation for its
7-13 report;
7-14 (f) Pay the fees prescribed by the Board pursuant to section 33
7-15 of this act; and
7-16 (g) Except as otherwise provided in subsection 2 and section
7-17 27 of this act, pass the examination prepared by the National
7-18 Athletic Trainers Association Board of Certification or its
7-19 successor organization.
7-20 2. An applicant who submits proof of his current certification
7-21 as an athletic trainer by the National Athletic Trainers Association
7-22 Board of Certification, or its successor organization, is not
7-23 required to pass the examination required by paragraph (g) of
7-24 subsection 1.
7-25 3. An applicant who fails the examination may not reapply
7-26 for a license for at least 1 year after he submits his application to
7-27 the Board.
7-28 Sec. 27. If the National Athletic Trainers Association Board
7-29 of Certification, or its successor organization, if any, ceases to
7-30 exist or ceases to prepare the examination required by section 26
7-31 of this act, the Board shall designate another appropriate national
7-32 organization to prepare the test. If the Board determines that no
7-33 such organization exists, the Board shall prepare or cause to be
7-34 prepared a test which must be offered not less than two times each
7-35 year.
7-36 Sec. 28. 1. In addition to any other requirements for the
7-37 issuance or renewal of a license set forth in this chapter, an
7-38 applicant for the issuance or renewal of a license to engage in the
7-39 practice of athletic training must submit to the Board:
7-40 (a) The social security number of the applicant; and
7-41 (b) The statement prescribed by the Welfare Division of the
7-42 Department of Human Resources pursuant to NRS 425.520. The
7-43 statement must be completed and signed by the applicant.
7-44 2. The Board shall include the person’s social security
7-45 number and the statement required pursuant to subsection 1 in:
8-1 (a) The application or any other forms that must be submitted
8-2 for the issuance or renewal of the license; or
8-3 (b) A separate form prescribed by the Board.
8-4 3. A license to practice athletic training may not be issued or
8-5 renewed by the Board if the applicant:
8-6 (a) Fails to submit his social security number required
8-7 pursuant to subsection 1;
8-8 (b) Fails to submit the statement required pursuant to
8-9 subsection 1; or
8-10 (c) Indicates on the statement submitted pursuant to
8-11 subsection 1 that he is subject to a court order for the support of a
8-12 child and is not in compliance with the order or a plan approved
8-13 by the district attorney or other public agency enforcing the order
8-14 for the repayment of the amount owed pursuant to the order.
8-15 4. If an applicant indicates on the statement submitted
8-16 pursuant to subsection 1 that he is subject to a court order for the
8-17 support of a child and is not in compliance with the order or a
8-18 plan approved by the district attorney or other public agency
8-19 enforcing the order for the repayment of the amount owed
8-20 pursuant to the order, the Board shall advise the applicant to
8-21 contact the district attorney or other public agency enforcing the
8-22 order to determine the actions that the applicant may take to
8-23 satisfy the arrearage.
8-24 Sec. 29. 1. If the Board receives a copy of a court order
8-25 issued pursuant to NRS 425.540 that provides for the suspension
8-26 of all professional, occupational and recreational licenses,
8-27 certificates and permits issued to a licensee, the Board shall deem
8-28 the license to be suspended at the end of the 30th day after the date
8-29 the court order was issued unless the Board receives a letter issued
8-30 to the licensee by the district attorney or other public agency
8-31 pursuant to NRS 425.550 stating that the licensee has complied
8-32 with the subpoena or warrant or has satisfied the arrearage
8-33 pursuant to NRS 425.560.
8-34 2. The Board shall reinstate a license that has been
8-35 suspended by a district court pursuant to NRS 425.540 if the
8-36 Board receives a letter issued by the district attorney or other
8-37 public agency pursuant to NRS 425.550 to the licensee stating that
8-38 the licensee has complied with the subpoena or warrant or has
8-39 satisfied the arrearage pursuant to NRS 425.560.
8-40 Sec. 30. 1. Except as otherwise provided in subsection 2,
8-41 the Board shall issue a license as an athletic trainer, without
8-42 examination, to an applicant who is licensed to engage in the
8-43 practice of athletic training in another state, territory or
8-44 possession of the United States, or the District of Columbia if the
8-45 applicant submits to the Board:
9-1 (a) An application on a form prescribed by the Board; and
9-2 (b) The fees prescribed by the Board pursuant to section 33 of
9-3 this act.
9-4 2. The Board shall not issue a license pursuant to this section
9-5 unless the jurisdiction in which the applicant is licensed had
9-6 requirements at the time the license was issued that the Board
9-7 determines are substantially equivalent to the requirements for a
9-8 license as an athletic trainer set forth in this chapter.
9-9 Sec. 31. Each person licensed to practice as an athletic
9-10 trainer shall display his license conspicuously at each place where
9-11 he engages in the practice of athletic training.
9-12 Sec. 32. 1. Each license to engage in the practice of athletic
9-13 training expires on June 30 of each year and may be renewed if,
9-14 before the license expires, the licensee submits to the Board:
9-15 (a) An application on a form prescribed by the Board;
9-16 (b) Proof of his completion of the requirements for continuing
9-17 education prescribed by the Board pursuant to section 20 of this
9-18 act; and
9-19 (c) The fee for the renewal of his license prescribed by the
9-20 Board pursuant to section 33 of this act.
9-21 2. A license that expires pursuant to the provisions of this
9-22 section may be restored if the applicant:
9-23 (a) Complies with the provisions of subsection 1;
9-24 (b) Submits to the Board proof of his ability to engage in the
9-25 practice of athletic training; and
9-26 (c) Submits to the Board:
9-27 (1) The fee for the restoration of an expired license; and
9-28 (2) For each year that the license was expired, the fee for
9-29 the renewal of a license prescribed by the Board pursuant to
9-30 section 33 of this act.
9-31 3. If the Board determines that an applicant has not
9-32 submitted satisfactory proof of his ability to engage in the practice
9-33 of athletic training, the Board may require the applicant to:
9-34 (a) Pass an examination prescribed by the Board; and
9-35 (b) Engage in the practice of athletic training under the
9-36 supervision of a person designated by the Board for a period
9-37 prescribed by the Board.
9-38 Sec. 33. The Board shall, by regulation, prescribe the fees
9-39 for:
9-40 1. An examination for a license;
9-41 2. An application for a license;
9-42 3. An application for a license without examination;
9-43 4. The initial issuance of a license;
9-44 5. The annual renewal of a license;
10-1 6. The restoration of an expired license; and
10-2 7. A duplicate license.
10-3 Sec. 34. 1. The Board may refuse to issue a license to an
10-4 applicant, or may take disciplinary action against a licensee, if,
10-5 after notice and a hearing, the Board determines that the
10-6 applicant or licensee:
10-7 (a) Has submitted false or misleading information to the
10-8 Board or any agency of this state, any other state, the Federal
10-9 Government or the District of Columbia;
10-10 (b) Has violated any provision of this chapter or any
10-11 regulation adopted pursuant thereto;
10-12 (c) Has been convicted of a felony, a crime relating to a
10-13 controlled substance or a crime involving moral turpitude;
10-14 (d) Is addicted to alcohol or any controlled substance;
10-15 (e) Has violated the provisions of NRS 200.5093 or 432B.220;
10-16 (f) Is guilty of gross negligence in his practice as an athletic
10-17 trainer;
10-18 (g) Is not competent to engage in the practice of athletic
10-19 training;
10-20 (h) Has failed to provide information requested by the Board
10-21 within 60 days after he received the request;
10-22 (i) Has engaged in unethical or unprofessional conduct as it
10-23 relates to the practice of athletic training;
10-24 (j) Has been disciplined in another state, a territory or
10-25 possession of the United States, or the District of Columbia for
10-26 conduct that would be a violation of the provisions of this chapter
10-27 or any regulations adopted pursuant thereto if the conduct were
10-28 committed in this state;
10-29 (k) Has solicited or received compensation for services that he
10-30 did not provide;
10-31 (l) If the licensee is on probation, has violated the terms of his
10-32 probation; or
10-33 (m) Has terminated his professional services to a client in a
10-34 manner that detrimentally affected that client.
10-35 2. The Board may, if it determines that an applicant for a
10-36 license or a licensee has committed any of the acts set forth in
10-37 subsection 1, after notice and a hearing:
10-38 (a) Refuse to issue a license to the applicant;
10-39 (b) Refuse to renew or restore the license of the licensee;
10-40 (c) Suspend or revoke the license of the licensee;
10-41 (d) Place the licensee on probation;
10-42 (e) Impose an administrative fine of not more than $5,000;
10-43 (f) Require the applicant or licensee to pay the costs incurred
10-44 by the Board to conduct the investigation and hearing; or
11-1 (g) Impose any combination of actions set forth in paragraphs
11-2 (a) to (f), inclusive.
11-3 Sec. 35. 1. The Board may conduct investigations and hold
11-4 hearings to carry out its duties pursuant to the provisions of this
11-5 chapter.
11-6 2. In such a hearing:
11-7 (a) Any member of the Board may administer oaths and
11-8 examine witnesses; and
11-9 (b) The Board or any member thereof may issue subpoenas to
11-10 compel the attendance of witnesses and the production of books
11-11 and papers.
11-12 3. Each witness who is subpoenaed to appear before the
11-13 Board is entitled to receive for his attendance the same fees and
11-14 mileage allowed by law to a witness in a civil case. The amount
11-15 must be paid by the party who requested the subpoena. If any
11-16 witness who has not been required to attend at the request of any
11-17 party is subpoenaed by the Board, his fees and mileage must be
11-18 paid from the money of the Board.
11-19 4. If any person fails to comply with the subpoena within 10
11-20 days after it is issued, the Chairman of the Board may petition a
11-21 court of competent jurisdiction for an order of the court
11-22 compelling compliance with the subpoena.
11-23 5. Upon such a petition, the court shall enter an order
11-24 directing the person subpoenaed to appear before the court at a
11-25 time and place to be fixed by the court in its order, the time to be
11-26 not more than 10 days after the date of the order, and to show
11-27 cause why he has not complied with the subpoena. A certified copy
11-28 of the order must be served upon the person subpoenaed.
11-29 6. If it appears to the court that the subpoena was regularly
11-30 issued by the Board, the court shall enter an order compelling
11-31 compliance with the subpoena. The failure of the person to obey
11-32 the order is a contempt of the court that issued the order.
11-33 Sec. 36. 1. Any records or information obtained during the
11-34 course of an investigation by the Board are confidential until the
11-35 investigation is completed. Upon completion of the investigation,
11-36 the records and information are public records if:
11-37 (a) Disciplinary action was taken by the Board as a result of
11-38 the investigation; or
11-39 (b) The person who was investigated submits a written request
11-40 to the Board asking that the information and records be made
11-41 public records.
11-42 2. The provisions of this section do not prohibit the Board
11-43 from cooperating with another licensing board or any agency that
11-44 is investigating a licensee, including, without limitation, a law
11-45 enforcement agency.
12-1 Sec. 37. 1. A person who violates any provision of this
12-2 chapter is guilty of a gross misdemeanor and shall be punished by
12-3 a fine of not more than $2,000 for each offense.
12-4 2. If the Board has reason to believe that a person has
12-5 violated a provision of this chapter or a regulation adopted
12-6 pursuant thereto, the Board shall report the facts to the district
12-7 attorney of the county where the violation occurred, who may
12-8 cause appropriate criminal proceedings to be brought against that
12-9 person.
12-10 Sec. 38. NRS 622.010 is hereby amended to read as follows:
12-11 622.010 As used in this chapter, unless the context otherwise
12-12 requires, “occupational licensing board” includes, without
12-13 limitation:
12-14 1. The State Board of Architecture, Interior Design and
12-15 Residential Design.
12-16 2. The State Board of Landscape Architecture.
12-17 3. The State Contractors’ Board.
12-18 4. The State Board of Professional Engineers and Land
12-19 Surveyors.
12-20 5. The Board of Registered Environmental Health Specialists.
12-21 6. The Nevada State Board of Accountancy.
12-22 7. The Board of Medical Examiners.
12-23 8. The Board of Homeopathic Medical Examiners.
12-24 9. The Board of Dental Examiners of Nevada.
12-25 10. The State Board of Nursing.
12-26 11. The State Board of Osteopathic Medicine.
12-27 12. The Chiropractic Physicians’ Board of Nevada.
12-28 13. The State Board of Oriental Medicine.
12-29 14. The State Board of Podiatry.
12-30 15. The Nevada State Board of Optometry.
12-31 16. The Board of Dispensing Opticians.
12-32 17. The Board of Hearing Aid Specialists.
12-33 18. The Board of Examiners for Audiology and Speech
12-34 Pathology.
12-35 19. The Nevada State Board of Veterinary Medical Examiners.
12-36 20. The State Board of Pharmacy.
12-37 21. The State Board of Physical Therapy Examiners.
12-38 22. The Board of Occupational Therapy.
12-39 23. The Board of Psychological Examiners.
12-40 24. The Board of Examiners for Marriage and Family
12-41 Therapists.
12-42 25. The Board of Examiners for Social Workers.
12-43 26. The Board of Examiners for Alcohol and Drug Abuse
12-44 Counselors.
13-1 27. The State Board of Funeral Directors, Embalmers and
13-2 Operators of Cemeteries and Crematories.
13-3 28. The State Barbers’ Health and Sanitation Board.
13-4 29. The State Board of Cosmetology.
13-5 30. The Real Estate Division of the Department of Business
13-6 and Industry.
13-7 31. The Commissioner of Financial Institutions.
13-8 32. The Private Investigator’s Licensing Board.
13-9 33. The Health Division of the Department of Human
13-10 Resources.
13-11 34. The Nevada State Board of Examiners for Administrators
13-12 of Facilities for Long-Term Care.
13-13 35. The Certified Court Reporters’ Board of Nevada.
13-14 36. The Board of Athletic Trainers.
13-15 Sec. 39. NRS 629.031 is hereby amended to read as follows:
13-16 629.031 1. “Provider of health care” means a physician
13-17 licensed pursuant to chapter 630, 630A or 633 of NRS, dentist,
13-18 licensed nurse, dispensing optician, optometrist, practitioner of
13-19 respiratory care, registered physical therapist, podiatric physician,
13-20 licensed psychologist, licensed marriage and family therapist,
13-21 chiropractor, athletic trainer, doctor of Oriental medicine in any
13-22 form, medical laboratory director or technician, pharmacist or a
13-23 licensed hospital as the employer of any such person.
13-24 2. For the purposes of NRS 629.051, 629.061 and 629.065, the
13-25 term includes a facility that maintains the health care records of
13-26 patients.
13-27 Sec. 40. NRS 640.029 is hereby amended to read as follows:
13-28 640.029 This chapter does not apply to an occupational
13-29 therapist , [or] occupational therapy assistant or athletic trainer
13-30 who:
13-31 1. Is licensed to practice in this state;
13-32 2. Practices within the scope of that license; and
13-33 3. Does not represent that he is a physical therapist or physical
13-34 therapist’s assistant, or that he practices physical therapy.
13-35 Sec. 41. NRS 640A.070 is hereby amended to read as follows:
13-36 640A.070 This chapter does not apply to a person:
13-37 1. Holding a current license or certificate issued pursuant to
13-38 chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of
13-39 NRS, or sections 2 to 37, inclusive, of this act who practices within
13-40 the scope of that license or certificate.
13-41 2. Employed by the Federal Government who practices
13-42 occupational therapy within the scope of that employment.
13-43 3. Enrolled in an educational program approved by the Board
13-44 which is designed to lead to a certificate or degree in occupational
14-1 therapy, if he is designated by a title which clearly indicates that he
14-2 is a student.
14-3 4. Obtaining the supervised experience necessary to satisfy the
14-4 requirements of subsection 3 of NRS 640A.120.
14-5 5. Practicing occupational therapy in this state in association
14-6 with an occupational therapist licensed pursuant to this chapter if the
14-7 person:
14-8 (a) Practices in this state for not more than 45 days in a calendar
14-9 year;
14-10 (b) Is licensed to practice occupational therapy in another state
14-11 where the requirements for such a license are equivalent to the
14-12 requirements of this chapter; and
14-13 (c) Meets the requirements for certification as an “occupational
14-14 therapist registered” or “certified occupational therapy assistant”
14-15 established by the American Occupational Therapy Certification
14-16 Board.
14-17 Sec. 42. NRS 200.5093 is hereby amended to read as follows:
14-18 200.5093 1. Any person who is described in subsection 4 and
14-19 who, in his professional or occupational capacity, knows or has
14-20 reasonable cause to believe that an older person has been abused,
14-21 neglected, exploited or isolated shall:
14-22 (a) Except as otherwise provided in subsection 2, report the
14-23 abuse, neglect, exploitation or isolation of the older person to:
14-24 (1) The local office of the Aging Services Division of the
14-25 Department of Human Resources;
14-26 (2) A police department or sheriff’s office;
14-27 (3) The county’s office for protective services, if one exists
14-28 in the county where the suspected action occurred; or
14-29 (4) A toll-free telephone service designated by the Aging
14-30 Services Division of the Department of Human Resources; and
14-31 (b) Make such a report as soon as reasonably practicable but not
14-32 later than 24 hours after the person knows or has reasonable cause to
14-33 believe that the older person has been abused, neglected, exploited
14-34 or isolated.
14-35 2. If a person who is required to make a report pursuant to
14-36 subsection 1 knows or has reasonable cause to believe that the
14-37 abuse, neglect, exploitation or isolation of the older person involves
14-38 an act or omission of the Aging Services Division, another division
14-39 of the Department of Human Resources or a law enforcement
14-40 agency, the person shall make the report to an agency other than the
14-41 one alleged to have committed the act or omission.
14-42 3. Each agency, after reducing a report to writing, shall forward
14-43 a copy of the report to the Aging Services Division of the
14-44 Department of Human Resources.
15-1 4. A report must be made pursuant to subsection 1 by the
15-2 following persons:
15-3 (a) Every physician, dentist, dental hygienist, chiropractor,
15-4 optometrist, podiatric physician, medical examiner, resident, intern,
15-5 professional or practical nurse, physician assistant, psychiatrist,
15-6 psychologist, marriage and family therapist, alcohol or drug abuse
15-7 counselor, athletic trainer, driver of an ambulance, advanced
15-8 emergency medical technician or other person providing medical
15-9 services licensed or certified to practice in this state, who examines,
15-10 attends or treats an older person who appears to have been abused,
15-11 neglected, exploited or isolated.
15-12 (b) Any personnel of a hospital or similar institution engaged in
15-13 the admission, examination, care or treatment of persons or an
15-14 administrator, manager or other person in charge of a hospital or
15-15 similar institution upon notification of the suspected abuse, neglect,
15-16 exploitation or isolation of an older person by a member of the staff
15-17 of the hospital.
15-18 (c) A coroner.
15-19 (d) Every clergyman, practitioner of Christian Science or
15-20 religious healer, unless he acquired the knowledge of abuse, neglect,
15-21 exploitation or isolation of the older person from the offender during
15-22 a confession.
15-23 (e) Every person who maintains or is employed by an agency to
15-24 provide nursing in the home.
15-25 (f) Every attorney, unless he has acquired the knowledge of
15-26 abuse, neglect, exploitation or isolation of the older person from a
15-27 client who has been or may be accused of such abuse, neglect,
15-28 exploitation or isolation.
15-29 (g) Any employee of the Department of Human Resources.
15-30 (h) Any employee of a law enforcement agency or a county’s
15-31 office for protective services or an adult or juvenile probation
15-32 officer.
15-33 (i) Any person who maintains or is employed by a facility or
15-34 establishment that provides care for older persons.
15-35 (j) Any person who maintains, is employed by or serves as a
15-36 volunteer for an agency or service which advises persons regarding
15-37 the abuse, neglect, exploitation or isolation of an older person and
15-38 refers them to persons and agencies where their requests and needs
15-39 can be met.
15-40 (k) Every social worker.
15-41 (l) Any person who owns or is employed by a funeral home or
15-42 mortuary.
15-43 5. A report may be made by any other person.
15-44 6. If a person who is required to make a report pursuant to
15-45 subsection 1 knows or has reasonable cause to believe that an older
16-1 person has died as a result of abuse, neglect or isolation, the person
16-2 shall, as soon as reasonably practicable, report this belief to the
16-3 appropriate medical examiner or coroner, who shall investigate the
16-4 cause of death of the older person and submit to the appropriate
16-5 local law enforcement agencies, the appropriate prosecuting
16-6 attorney and the Aging Services Division of the Department of
16-7 Human Resources his written findings. The written findings must
16-8 include the information required pursuant to the provisions of NRS
16-9 200.5094, when possible.
16-10 7. A division, office or department which receives a report
16-11 pursuant to this section shall cause the investigation of the report to
16-12 commence within 3 working days. A copy of the final report of the
16-13 investigation conducted by a division, office or department, other
16-14 than the Aging Services Division of the Department of Human
16-15 Resources, must be forwarded to the Aging Services Division within
16-16 90 days after the completion of the report.
16-17 8. If the investigation of a report results in the belief that an
16-18 older person is abused, neglected, exploited or isolated, the Aging
16-19 Services Division of the Department of Human Resources or the
16-20 county’s office for protective services may provide protective
16-21 services to the older person if he is able and willing to accept them.
16-22 9. A person who knowingly and willfully violates any of the
16-23 provisions of this section is guilty of a misdemeanor.
16-24 Sec. 43. NRS 200.5095 is hereby amended to read as follows:
16-25 200.5095 1. Reports made pursuant to NRS 200.5093 and
16-26 200.5094, and records and investigations relating to those reports,
16-27 are confidential.
16-28 2. A person, law enforcement agency or public or private
16-29 agency, institution or facility who willfully releases data or
16-30 information concerning the reports and investigation of the abuse,
16-31 neglect, exploitation or isolation of older persons, except:
16-32 (a) Pursuant to a criminal prosecution;
16-33 (b) Pursuant to NRS 200.50982; or
16-34 (c) To persons or agencies enumerated in subsection 3 of this
16-35 section,
16-36 is guilty of a misdemeanor.
16-37 3. Except as otherwise provided in subsection 2 and NRS
16-38 200.50982, data or information concerning the reports and
16-39 investigations of the abuse, neglect, exploitation or isolation of an
16-40 older person is available only to:
16-41 (a) A physician who is providing care to an older person who
16-42 may have been abused, neglected, exploited or isolated;
16-43 (b) An agency responsible for or authorized to undertake the
16-44 care, treatment and supervision of the older person;
17-1 (c) A district attorney or other law enforcement official who
17-2 requires the information in connection with an investigation of the
17-3 abuse, neglect, exploitation or isolation of the older person;
17-4 (d) A court which has determined, in camera, that public
17-5 disclosure of such information is necessary for the determination of
17-6 an issue before it;
17-7 (e) A person engaged in bona fide research, but the identity of
17-8 the subjects of the report must remain confidential;
17-9 (f) A grand jury upon its determination that access to such
17-10 records is necessary in the conduct of its official business;
17-11 (g) Any comparable authorized person or agency in another
17-12 jurisdiction;
17-13 (h) A legal guardian of the older person, if the identity of the
17-14 person who was responsible for reporting the alleged abuse, neglect,
17-15 exploitation or isolation of the older person to the public agency is
17-16 protected, and the legal guardian of the older person is not the
17-17 person suspected of such abuse, neglect, exploitation or isolation;
17-18 (i) If the older person is deceased, the executor or administrator
17-19 of his estate, if the identity of the person who was responsible for
17-20 reporting the alleged abuse, neglect, exploitation or isolation of the
17-21 older person to the public agency is protected, and the executor or
17-22 administrator is not the person suspected of such abuse, neglect,
17-23 exploitation or isolation; or
17-24 (j) The older person named in the report as allegedly being
17-25 abused, neglected, exploited or isolated, if that person is not legally
17-26 incompetent.
17-27 4. If the person who is reported to have abused, neglected,
17-28 exploited or isolated an older person is the holder of a license or
17-29 certificate issued pursuant to chapters 449, 630 to 641B, inclusive,
17-30 or 654 of NRS, or sections 2 to 37, inclusive, of this act,
17-31 information contained in the report must be submitted to the board
17-32 that issued the license.
17-33 Sec. 44. NRS 218.825 is hereby amended to read as follows:
17-34 218.825 1. Each of the boards and commissions created by
17-35 the provisions of chapters 623 to 625A, inclusive, 628 to 644,
17-36 inclusive, and [641C,] 654 and 656 of NRS and sections 2 to 37,
17-37 inclusive, of this act shall engage the services of a certified public
17-38 accountant or public accountant, or firm of either of such
17-39 accountants, to audit all its fiscal records once each year for the
17-40 preceding fiscal year or once every other year for the 2 preceding
17-41 fiscal years. The cost of the audit must be paid by the board or
17-42 commission audited.
17-43 2. A report of each such audit must be filed by the board or
17-44 commission with the Legislative Auditor and the [Director] Chief of
17-45 the Budget Division of the Department of Administration on or
18-1 before December 1 of each year in which an audit is conducted. All
18-2 audits must be conducted in accordance with generally accepted
18-3 auditing standards and all financial statements must be prepared in
18-4 accordance with generally accepted principles of accounting for
18-5 special revenue funds.
18-6 3. The Legislative Auditor shall audit the fiscal records of any
18-7 such board or commission whenever directed to do so by the
18-8 Legislative Commission. When the Legislative Commission directs
18-9 such an audit, it shall also determine who is to pay the cost of the
18-10 audit.
18-11 Sec. 45. NRS 284.013 is hereby amended to read as follows:
18-12 284.013 1. Except as otherwise provided in subsection 4, this
18-13 chapter does not apply to:
18-14 (a) Agencies, bureaus, commissions, officers or personnel in the
18-15 Legislative Department or the Judicial Department of State
18-16 Government, including the Commission on Judicial Discipline;
18-17 (b) Any person who is employed by a board, commission,
18-18 committee or council created in chapters 590, 623 to 625A,
18-19 inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS
18-20 [;] and sections 2 to 37, inclusive, of this act; or
18-21 (c) Officers or employees of any agency of the Executive
18-22 Department of the State Government who are exempted by specific
18-23 statute.
18-24 2. Except as otherwise provided in subsection 3, the terms and
18-25 conditions of employment of all persons referred to in subsection 1,
18-26 including salaries not prescribed by law and leaves of absence,
18-27 including, without limitation, annual leave and sick and disability
18-28 leave, must be fixed by the appointing or employing authority
18-29 within the limits of legislative appropriations or authorizations.
18-30 3. Except as otherwise provided in this subsection, leaves of
18-31 absence prescribed pursuant to subsection 2 must not be of lesser
18-32 duration than those provided for other state officers and employees
18-33 pursuant to the provisions of this chapter. The provisions of this
18-34 subsection do not govern the Legislative Commission with respect
18-35 to the personnel of the Legislative Counsel Bureau.
18-36 4. Any board, commission, committee or council created in
18-37 chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,
18-38 648, 652, 654 and 656 of NRS and sections 2 to 37, inclusive, of
18-39 this act which contracts for the services of a person, shall require the
18-40 contract for those services to be in writing. The contract must be
18-41 approved by the State Board of Examiners before those services
18-42 may be provided.
18-43 Sec. 46. NRS 353.005 is hereby amended to read as follows:
18-44 353.005 The provisions of this chapter do not apply to boards
18-45 created pursuant to chapters 623 to 625A, inclusive, 628, 630 to
19-1 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and
19-2 sections 2 to 37, inclusive, of this act and the officers and
19-3 employees thereof.
19-4 Sec. 47. NRS 353A.020 is hereby amended to read as follows:
19-5 353A.020 1. The Director, in consultation with the
19-6 Committee and Legislative Auditor, shall adopt a uniform system of
19-7 internal accounting and administrative control for agencies. The
19-8 elements of the system must include, without limitation:
19-9 (a) A plan of organization which provides for a segregation of
19-10 duties appropriate to safeguard the assets of the agency;
19-11 (b) A plan which limits access to assets of the agency to persons
19-12 who need the assets to perform their assigned duties;
19-13 (c) Procedures for authorizations and recordkeeping which
19-14 effectively control accounting of assets, liabilities, revenues and
19-15 expenses;
19-16 (d) A system of practices to be followed in the performance of
19-17 the duties and functions of each agency; and
19-18 (e) An effective system of internal review.
19-19 2. The Director, in consultation with the Committee and
19-20 Legislative Auditor, may modify the system whenever he considers
19-21 it necessary.
19-22 3. Each agency shall develop written procedures to carry out
19-23 the system of internal accounting and administrative control adopted
19-24 pursuant to this section.
19-25 4. For the purposes of this section, “agency” does not include:
19-26 (a) A board created by the provisions of chapters 623 to 625A,
19-27 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
19-28 and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.
19-29 (b) The University and Community College System of Nevada.
19-30 (c) The Public Employees’ Retirement System.
19-31 (d) The Housing Division of the Department of Business and
19-32 Industry.
19-33 (e) The Colorado River Commission of Nevada.
19-34 Sec. 48. NRS 353A.025 is hereby amended to read as follows:
19-35 353A.025 1. The head of each agency shall periodically
19-36 review the agency’s system of internal accounting and
19-37 administrative control to determine whether it is in compliance with
19-38 the uniform system of internal accounting and administrative control
19-39 for agencies adopted pursuant to subsection 1 of NRS 353A.020.
19-40 2. On or before July 1 of each even-numbered year, the head of
19-41 each agency shall report to the Director whether the agency’s
19-42 system of internal accounting and administrative control is in
19-43 compliance with the uniform system adopted pursuant to subsection
19-44 1 of NRS 353A.020. The reports must be made available for
19-45 inspection by the members of the Legislature.
20-1 3. For the purposes of this section, “agency” does not include:
20-2 (a) A board created by the provisions of chapters 623 to 625A,
20-3 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
20-4 and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.
20-5 (b) The University and Community College System of Nevada.
20-6 (c) The Public Employees’ Retirement System.
20-7 (d) The Housing Division of the Department of Business and
20-8 Industry.
20-9 (e) The Colorado River Commission of Nevada.
20-10 4. The Director shall, on or before the first Monday in
20-11 February of each odd-numbered year, submit a report on the status
20-12 of internal accounting and administrative controls in agencies to the:
20-13 (a) Director of the Legislative Counsel Bureau for transmittal to
20-14 the:
20-15 (1) Senate Standing Committee on Finance; and
20-16 (2) Assembly Standing Committee on Ways and Means;
20-17 (b) Governor; and
20-18 (c) Legislative Auditor.
20-19 5. The report submitted by the Director pursuant to subsection
20-20 4 must include, without limitation:
20-21 (a) The identification of each agency that has not complied with
20-22 the requirements of subsections 1 and 2;
20-23 (b) The identification of each agency that does not have an
20-24 effective method for reviewing its system of internal accounting and
20-25 administrative control; and
20-26 (c) The identification of each agency that has weaknesses in its
20-27 system of internal accounting and administrative control, and the
20-28 extent and types of such weaknesses.
20-29 Sec. 49. NRS 353A.045 is hereby amended to read as follows:
20-30 353A.045 The Chief shall:
20-31 1. Report to the Director.
20-32 2. Develop long-term and annual work plans to be based on the
20-33 results of periodic documented risk assessments. The annual work
20-34 plan must list the agencies to which the Division will provide
20-35 training and assistance and be submitted to the Director for
20-36 approval. Such agencies must not include:
20-37 (a) A board created by the provisions of chapters 623 to 625A,
20-38 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
20-39 and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.
20-40 (b) The University and Community College System of Nevada.
20-41 (c) The Public Employees’ Retirement System.
20-42 (d) The Housing Division of the Department of Business and
20-43 Industry.
20-44 (e) The Colorado River Commission of Nevada.
21-1 3. Provide a copy of the approved annual work plan to the
21-2 Legislative Auditor.
21-3 4. In consultation with the Director, prepare a plan for auditing
21-4 executive branch agencies for each fiscal year and present the plan
21-5 to the Committee for its review and approval. Each plan for auditing
21-6 must:
21-7 (a) State the agencies which will be audited, the proposed scope
21-8 and assignment of those audits and the related resources which will
21-9 be used for those audits; and
21-10 (b) Ensure that the internal accounting, administrative controls
21-11 and financial management of each agency are reviewed periodically.
21-12 5. Perform the audits of the programs and activities of the
21-13 agencies in accordance with the plan approved pursuant to
21-14 subsection 5 of NRS 353A.038 and prepare audit reports of his
21-15 findings.
21-16 6. Review each agency that is audited pursuant to subsection 5
21-17 and advise those agencies concerning internal accounting,
21-18 administrative controls and financial management.
21-19 7. Submit to each agency that is audited pursuant to subsection
21-20 5 analyses, appraisals and recommendations concerning:
21-21 (a) The adequacy of the internal accounting and administrative
21-22 controls of the agency; and
21-23 (b) The efficiency and effectiveness of the management of the
21-24 agency.
21-25 8. Report any possible abuses, illegal actions, errors, omissions
21-26 and conflicts of interest of which the Division becomes aware
21-27 during the performance of an audit.
21-28 9. Adopt the standards of the Institute of Internal Auditors for
21-29 conducting and reporting on audits.
21-30 10. Consult with the Legislative Auditor concerning the plan
21-31 for auditing and the scope of audits to avoid duplication of effort
21-32 and undue disruption of the functions of agencies that are audited
21-33 pursuant to subsection 5.
21-34 11. Appoint a Manager of Internal Controls.
21-35 Sec. 50. NRS 432B.220 is hereby amended to read as follows:
21-36 432B.220 1. Any person who is described in subsection 3
21-37 and who, in his professional or occupational capacity, knows or has
21-38 reasonable cause to believe that a child has been abused or neglected
21-39 shall:
21-40 (a) Except as otherwise provided in subsection 2, report the
21-41 abuse or neglect of the child to an agency which provides child
21-42 welfare services or to a law enforcement agency; and
21-43 (b) Make such a report as soon as reasonably practicable but not
21-44 later than 24 hours after the person knows or has reasonable cause to
21-45 believe that the child has been abused or neglected.
22-1 2. If a person who is required to make a report pursuant to
22-2 subsection 1 knows or has reasonable cause to believe that the abuse
22-3 or neglect of the child involves an act or omission of:
22-4 (a) A person directly responsible or serving as a volunteer for or
22-5 an employee of a public or private home, institution or facility
22-6 where the child is receiving child care outside of his home for a
22-7 portion of the day, the person shall make the report to a law
22-8 enforcement agency.
22-9 (b) An agency which provides child welfare services or a law
22-10 enforcement agency, the person shall make the report to an agency
22-11 other than the one alleged to have committed the act or omission,
22-12 and the investigation of the abuse or neglect of the child must be
22-13 made by an agency other than the one alleged to have committed the
22-14 act or omission.
22-15 3. A report must be made pursuant to subsection 1 by the
22-16 following persons:
22-17 (a) A physician, dentist, dental hygienist, chiropractor,
22-18 optometrist, podiatric physician, medical examiner, resident, intern,
22-19 professional or practical nurse, physician assistant, psychiatrist,
22-20 psychologist, marriage and family therapist, alcohol or drug abuse
22-21 counselor, athletic trainer, advanced emergency medical technician
22-22 or other person providing medical services licensed or certified in
22-23 this state;
22-24 (b) Any personnel of a hospital or similar institution engaged in
22-25 the admission, examination, care or treatment of persons or an
22-26 administrator, manager or other person in charge of a hospital or
22-27 similar institution upon notification of suspected abuse or neglect of
22-28 a child by a member of the staff of the hospital;
22-29 (c) A coroner;
22-30 (d) A clergyman, practitioner of Christian Science or religious
22-31 healer, unless he has acquired the knowledge of the abuse or neglect
22-32 from the offender during a confession;
22-33 (e) A social worker and an administrator, teacher, librarian or
22-34 counselor of a school;
22-35 (f) Any person who maintains or is employed by a facility or
22-36 establishment that provides care for children, children’s camp or
22-37 other public or private facility, institution or agency furnishing care
22-38 to a child;
22-39 (g) Any person licensed to conduct a foster home;
22-40 (h) Any officer or employee of a law enforcement agency or an
22-41 adult or juvenile probation officer;
22-42 (i) An attorney, unless he has acquired the knowledge of the
22-43 abuse or neglect from a client who is or may be accused of the abuse
22-44 or neglect;
23-1 (j) Any person who maintains, is employed by or serves as a
23-2 volunteer for an agency or service which advises persons regarding
23-3 abuse or neglect of a child and refers them to persons and agencies
23-4 where their requests and needs can be met; and
23-5 (k) Any person who is employed by or serves as a volunteer for
23-6 an approved youth shelter. As used in this paragraph, “approved
23-7 youth shelter” has the meaning ascribed to it in NRS 244.422.
23-8 4. A report may be made by any other person.
23-9 5. If a person who is required to make a report pursuant to
23-10 subsection 1 knows or has reasonable cause to believe that a child
23-11 has died as a result of abuse or neglect, the person shall, as soon as
23-12 reasonably practicable, report this belief to the appropriate medical
23-13 examiner or coroner, who shall investigate the report and submit to
23-14 an agency which provides child welfare services his written
23-15 findings. The written findings must include, if obtainable, the
23-16 information required pursuant to the provisions of subsection 2 of
23-17 NRS 432B.230.
23-18 Sec. 51. NRS 608.0116 is hereby amended to read as follows:
23-19 608.0116 “Professional” means pertaining to an employee who
23-20 is licensed or certified by the State of Nevada for and engaged in the
23-21 practice of law or any of the professions regulated by chapters 623
23-22 to 645, inclusive, and 656A of NRS[.] and sections 2 to 37,
23-23 inclusive, of this act.
23-24 Sec. 52. Notwithstanding the provisions of sections 2 to 37,
23-25 inclusive, of this act, a person who engages in the practice of
23-26 athletic training is not required to be licensed as such pursuant to the
23-27 provisions of this act before July 1, 2004.
23-28 Sec. 53. 1. Notwithstanding the provisions of sections 2 to
23-29 37, inclusive, of this act, a person may be licensed as an athletic
23-30 trainer, if he is employed or otherwise working as an athletic trainer
23-31 on October 1, 2003, he is qualified for a license as an athletic trainer
23-32 pursuant to the provisions of subsection 2 and, before April 1, 2004,
23-33 he submits to the Board of Athletic Trainers created pursuant to
23-34 section 16 of this act:
23-35 (a) An application for a license on a form provided by the
23-36 Board;
23-37 (b) The fee for the license prescribed by the Board pursuant to
23-38 section 33 of this act; and
23-39 (c) The statement required pursuant to section 28 of this act
23-40 unless after January 1, 2003, the provisions of 42 U.S.C. § 666
23-41 requiring each state to establish procedures under which the state
23-42 has authority to withhold or suspend, or to restrict the use of
23-43 professional, occupational and recreational licenses of persons who:
24-1 (1) Have failed to comply with a subpoena or warrant
24-2 relating to a procedure to determine the paternity of a child or to
24-3 establish or enforce an obligation for the support of a child; or
24-4 (2) Are in arrears in the payment for the support of one or
24-5 more children,
24-6 are repealed by the Congress of the United States.
24-7 2. An applicant is qualified for a license pursuant to this
24-8 section as an athletic trainer if he:
24-9 (a) Is certified as an athletic trainer by the National Athletic
24-10 Trainers Association Board of Certification;
24-11 (b) Has a bachelor’s degree in a course of study approved by the
24-12 Board; or
24-13 (c) Has education, training, experience or other qualifications
24-14 that the Board determines qualify him to engage in the practice of
24-15 athletic training.
24-16 Sec. 54. 1. Notwithstanding the provisions of section 16 of
24-17 this act, each athletic trainer who is appointed to the Board of
24-18 Athletic Trainers to an initial term pursuant to subsection 2 is not
24-19 required to be licensed pursuant to sections 2 to 37, inclusive, of this
24-20 act, at the time of appointment but must be eligible for a license as
24-21 such at the time of appointment.
24-22 2. As soon as practicable after October 1, 2003, the Governor
24-23 shall appoint to the Board of Athletic Trainers:
24-24 (a) Two members whose terms expire on September 30, 2005;
24-25 and
24-26 (b) Three members whose terms expire on September 30, 2006.
24-27 Sec. 55. 1. On or before April 1, 2004, the Board of Athletic
24-28 Trainers, created by section 16 of this act, shall appoint an Advisory
24-29 Committee on the regulation of personal trainers, consisting of
24-30 seven members, to recommend to the Nevada Legislature such
24-31 legislation as the Advisory Committee deems necessary and
24-32 appropriate concerning the regulation of personal trainers in this
24-33 state.
24-34 2. The Board shall appoint at least four licensed health care
24-35 professionals to serve on the Advisory Committee.
24-36 3. The Advisory Committee shall elect a Chairman and Vice
24-37 Chairman from among its members. A majority of the members of
24-38 the Advisory Committee constitutes a quorum for conducting the
24-39 business of the Advisory Committee.
24-40 4. The members of the Advisory Committee are not entitled to
24-41 receive compensation, per diem allowances or travel expenses for
24-42 their service on the Advisory Committee.
24-43 5. On or before January 15, 2005, the Advisory Committee
24-44 shall provide recommendations to the Nevada Legislature as to
24-45 whether personal training is a learned profession affecting public
25-1 health, safety and welfare to the extent that state regulation is
25-2 necessary and desirable for the protection of the health and welfare
25-3 of the residents of Nevada.
25-4 Sec. 56. Sections 28 and 29 of this act expire by limitation on
25-5 the date on which the provisions of 42 U.S.C. § 666 requiring each
25-6 state to establish procedures under which the state has authority to
25-7 withhold or suspend, or to restrict the use of professional,
25-8 occupational and recreational licenses of persons who:
25-9 1. Have failed to comply with a subpoena or warrant relating to
25-10 a procedure to determine the paternity of a child or to establish or
25-11 enforce an obligation for the support of a child; or
25-12 2. Are in arrears in the payment for the support of one or more
25-13 children,
25-14 are repealed by the Congress of the United States.
25-15 H