REQUIRES TWO-THIRDS MAJORITY VOTE (§ 33)               

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Senate Bill No. 27–Senator Wiener

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for regulation of athletic 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.

 

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 hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; 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 2.5 to 12.3,

1-6  inclusive, of this act have the meanings ascribed to them in those

1-7  sections.

1-8  Sec. 2.5. “Assessment” includes taking the medical history of

1-9  a patient, visually inspecting the injured portion of the body and

1-10  the associated structures, palpating the bony landmarks and soft

2-1  tissue and applying special tests to systematically assess the

2-2  pathology and extent of the injury or condition.

2-3  Sec. 3.  “Athlete” means a natural person who:

2-4  1.  Participates in an athletic activity conducted by:

2-5  (a) An intercollegiate athletic association or interscholastic

2-6  athletic association; or

2-7  (b) A professional athletic organization; or

2-8  (c) An amateur athletic organization; or

2-9  2.  Participates in a recreational sport activity that:

2-10      (a) Has officially designated coaches;

2-11      (b) Conducts regularly scheduled practices or workouts that

2-12  are supervised by coaches; and

2-13      (c) Has established schedules for competitive events or

2-14  exhibitions.

2-15      Sec. 4.  “Athletic injury” means an injury or athletic-related

2-16  illness, or both, that a person sustains as a result of:

2-17      1.  His participation in an athletic activity conducted by:

2-18      (a) An intercollegiate athletic association or interscholastic

2-19  athletic association; or

2-20      (b) A professional athletic organization; or

2-21      (c) An amateur athletic organization; or

2-22      2.  His participation in a recreational sport activity that:

2-23      (a) Has officially designated coaches;

2-24      (b) Conducts regularly scheduled practices or workouts that

2-25  are supervised by coaches; and

2-26      (c) Has established schedules for competitive events or

2-27  exhibitions.

2-28      Sec. 5.  “Board” means the Board of Athletic Trainers.

2-29      Sec. 6.  “Direction” means an order issued by a physician to

2-30  follow as a protocol, recommendation or oral order that is

2-31  documented by the licensed athletic trainer or physician, or both.

2-32      Sec. 6.3. “Disposition” means the application of accepted

2-33  management techniques to provide the appropriate care and

2-34  resources concerning an athletic injury.

2-35      Sec. 6.5. “Evaluation” includes, without limitation, the use

2-36  of joint range of motion, manual muscle tests, ligamentous stress

2-37  tests, neurological tests and functional capacity assessments.

2-38      Sec. 6.7. “Grade 5 joint mobilization” means the movement

2-39  of a joint beyond its physiological and capsular end point.

2-40      Sec. 7.  “Graduate student athletic trainer” means a graduate

2-41  student who:

2-42      1.  Is enrolled in a graduate program of study approved by the

2-43  Board; and

2-44      2.  Engages in the practice of athletic training under the

2-45  supervision of a licensed athletic trainer.

3-1  Sec. 7.5.  “Joint mobilization” means a learned, skilled,

3-2  passive movement of articulating surfaces of a person to relieve

3-3  pain and restore functional movement of the articulating surfaces

3-4  without pain to the person. The term does not include:

3-5  1.  The diagnosis of a physical disability;

3-6  2.  The massaging of the superficial soft tissues of the body;

3-7  3.  The use of X rays or radium;

3-8  4.  The use of electricity for cauterization or surgery;

3-9  5.  Chiropractic adjustment as defined in NRS 634.014; or

3-10      6.  Grade 5 joint mobilization.

3-11      Sec. 8.  “License” means a license issued pursuant to the

3-12  provisions of this chapter.

3-13      Sec. 9.  “Licensee” means a person who has been issued a

3-14  license as an athletic trainer pursuant to the provisions of this

3-15  chapter.

3-16      Sec. 9.2. “Management” means the act of controlling or

3-17  influencing an injury, illness or condition.

3-18      Sec. 9.4.  “Passive joint range of motion” means any

3-19  movement of an articulating surface of a person without the active

3-20  assistance of that person, which is performed with equipment or

3-21  by another person.

3-22      Sec. 9.6.  “Passive range of motion” means any movement of

3-23  a part of a person without the active assistance of that person,

3-24  which is performed with equipment or by another person.

3-25      Sec. 9.8. “Physician” means:

3-26      1.  A physician licensed pursuant to chapter 630 of NRS;

3-27      2.  An osteopathic physician licensed pursuant to chapter

3-28  630A of NRS;

3-29      3.  A homeopathic physician licensed pursuant to chapter 633

3-30  of NRS;

3-31      4.  A chiropractic physician licensed pursuant to chapter 634

3-32  of NRS; or

3-33      5.  A podiatric physician licensed pursuant to chapter 635 of

3-34  NRS.

3-35      Sec. 10.  1.  “Practice of athletic training” means:

3-36      (a) The prevention, recognition, assessment, management,

3-37  treatment, disposition or reconditioning of the athletic injury of an

3-38  athlete:

3-39          (1) Whose condition is within the professional preparation

3-40  and education of the licensed athletic trainer; and

3-41          (2) That is performed under the direction of a physician;

3-42      (b) The organization and administration of programs of

3-43  athletic training;

3-44      (c) The administration of an athletic training room;

4-1  (d) The provision of information relating to athletic training to

4-2  members of the public; or

4-3  (e) Any combination of the activities described in paragraphs

4-4  (a) to (d), inclusive.

4-5  2.  The term does not include the diagnosis of a physical

4-6  disability, massaging of the superficial soft tissues of the body or

4-7  the use of Xrays, radium or electricity for cauterization or surgery.

4-8  Sec. 10.3. “Prevention” means the application and

4-9  implementation of physical conditioning programs, pre-

4-10  participation screening and the monitoring of risk factors that

4-11  may cause an athletic injury.

4-12      Sec. 10.5. “Recognition” means the application of visual,

4-13  verbal or tactile skills to acknowledge the presence of an injury,

4-14  illness or other condition with an understanding of the

4-15  predisposing factors of injury and pathomechanics, which assists

4-16  in the assessment of the injury, illness or other condition.

4-17      Sec. 10.7. “Reconditioning” means the application of

4-18  practical and didactic knowledge and functional criteria to

4-19  evaluate readiness for return to partial or full activities.

4-20      Sec. 11.  “Student athletic trainer” means an undergraduate

4-21  student who:

4-22      1.  Is enrolled in an undergraduate program of study

4-23  approved by the Board; and

4-24      2.  Engages in the practice of athletic training under the

4-25  supervision of a licensed athletic trainer.

4-26      Sec. 12.  “Supervision” means clinical on-site direction given

4-27  by a licensed athletic trainer to a student athletic trainer or

4-28  graduate student athletic trainer who is in the direct line of sight

4-29  and within hearing distance of the licensed athletic trainer.

4-30      Sec. 12.3. “Treatment” means the application of the

4-31  necessary knowledge and skills to assess an injury, illness or other

4-32  condition and provide appropriate care.

4-33      Sec. 13.  The practice of athletic training is hereby declared

4-34  to be a learned profession, affecting public health, safety and

4-35  welfare, and subject to regulation to protect the public from the

4-36  practice of athletic training by unqualified persons and from

4-37  unprofessional conduct by persons who are licensed to engage in

4-38  the practice of athletic training.

4-39      Sec. 14.  A license issued pursuant to the provisions of this

4-40  chapter is a revocable privilege, and the holder of the license does

4-41  not acquire thereby any vested right.

4-42      Sec. 15.  The provisions of this chapter do not apply to:

4-43      1.  A person who is licensed pursuant to chapters 630 to 637,

4-44  inclusive, or chapter 640 or 640A of NRS, when acting within the

4-45  scope of that license.

5-1  2.  A person who is employed by the Federal Government and

5-2  engages in the practice of athletic training within the scope of that

5-3  employment.

5-4  3.  A person who is employed as an athletic trainer outside

5-5  this state when engaging in the practice of athletic training within

5-6  the scope of that employment in connection with an athletic event

5-7  held in this state.

5-8  Sec. 16.  1.  The Board of Athletic Trainers is hereby

5-9  created.

5-10      2.  The Governor shall appoint to the Board:

5-11      (a) Three members who:

5-12          (1) Are licensed as athletic trainers pursuant to the

5-13  provisions of this chapter; and

5-14          (2) Have engaged in the practice of athletic training or

5-15  taught or conducted research concerning the practice of athletic

5-16  training for the 5 years immediately preceding their appointment;

5-17      (b) One member who is licensed as a physical therapist

5-18  pursuant to chapter 640 of NRS and who is also licensed as an

5-19  athletic trainer pursuant to this chapter; and

5-20      (c) One member who is a representative of the public.

5-21      3.  Each member of the Board:

5-22      (a) Must be a resident of this state; and

5-23      (b) May not serve more than two consecutive terms.

5-24      4.  After the initial terms, the members of the Board must be

5-25  appointed to terms of 3 years.

5-26      5.  A vacancy on the Board must be filled in the same manner

5-27  as the original appointment.

5-28      6.  The Governor may remove a member of the Board for

5-29  incompetence, neglect of duty, moral turpitude or malfeasance in

5-30  office.

5-31      7.  No member of the Board may be held liable in a civil

5-32  action for any act he performs in good faith in the execution of his

5-33  duties pursuant to the provisions of this chapter.

5-34      8.  The member of the Board who is a representative of the

5-35  public shall not participate in preparing or grading any

5-36  examination required by the Board.

5-37      Sec. 17.  1.  For the appointment of any member to the

5-38  Board pursuant to paragraph (a) of subsection 2 of section 16 of

5-39  this act, the Nevada Athletic Trainers Association, or its successor

5-40  organization, shall, at least 30 days before the beginning of a term

5-41  of a member of the Board, or within 30 days after a position on the

5-42  Board becomes vacant, submit to the Governor the names of not

5-43  less than three persons or more than five persons who are

5-44  qualified for membership on the Board for each such position.

6-1  The Governor shall appoint new members or fill a vacancy from

6-2  the list, or request a new list.

6-3  2.  For the appointment of a member to the Board pursuant to

6-4  paragraph (b) of subsection 2 of section 16 of this act, the Nevada

6-5  Physical Therapists Association, or its successor organization, and

6-6  the Nevada Athletic Trainers Association, or its successor

6-7  organization, shall, at least 30 days before the beginning of a term

6-8  of a member of the Board, or within 30 days after a position on the

6-9  Board becomes vacant, jointly prepare and submit to the Governor

6-10  a list of the names of not less than three persons or more than five

6-11  persons who are qualified for membership on the Board for that

6-12  position. The Governor shall appoint a new member or fill a

6-13  vacancy from the list, or request a new list.

6-14      3.  If the Nevada Athletic Trainers Association or the Nevada

6-15  Physical Therapists Association, or the successor of any such

6-16  organization, fails to submit nominations for a position on the

6-17  Board within the periods prescribed in this section, the Governor

6-18  may appoint any qualified person.

6-19      Sec. 18.  1.  The Board shall:

6-20      (a) Elect from its members a Chairman at the first meeting of

6-21  each year; and

6-22      (b) Meet at least three times each year at the call of the

6-23  Chairman of the Board, or upon the written request of at least

6-24  three members of the Board.

6-25      2.  A majority of the members of the Board constitutes a

6-26  quorum for the transaction of the business of the Board.

6-27      Sec. 19.  1.  The Board shall prepare and maintain a

6-28  separate list of:

6-29      (a) The licensees.

6-30      (b) The applicants for a license.

6-31      (c) The licensees whose licenses have been revoked or

6-32  suspended within the preceding year.

6-33      2.  The Board shall, upon request, disclose the information

6-34  included in each list and may charge a fee for a copy of a list.

6-35      3.  The Board shall:

6-36      (a) Prepare and maintain a record of its proceedings and

6-37  transactions;

6-38      (b) Adopt a seal of which each court in this state shall take

6-39  judicial notice; and

6-40      (c) Enforce the provisions of this chapter and any regulations

6-41  adopted pursuant thereto.

6-42      Sec. 20.  The Board shall adopt regulations to carry out the

6-43  provisions of this chapter, including, without limitation,

6-44  regulations that establish:

7-1  1.  The passing grades for the examinations required by

7-2  sections 26 and 27 of this act;

7-3  2.  Appropriate criteria for determining whether an entity is

7-4  an intercollegiate athletic association, interscholastic athletic

7-5  association, professional athletic organization or amateur athletic

7-6  organization;

7-7  3.  The standards of practice for athletic trainers; and

7-8  4.  The requirements for continuing education for the renewal

7-9  of a license of an athletic trainer. The requirements must be at

7-10  least equivalent to the requirements for continuing education for

7-11  the renewal of a certificate of an athletic trainer issued by the

7-12  National Athletic Trainers Association Board of Certification or

7-13  its successor organization.

7-14      Sec. 21.  A member of the Board, an employee of the Board

7-15  or a person designated by the Board may inspect any office or

7-16  facility where a person is engaged in the practice of athletic

7-17  training to determine whether each person who is engaged in the

7-18  practice of athletic training in that office or facility is in

7-19  compliance with the provisions of this chapter and any regulations

7-20  adopted pursuant thereto.

7-21      Sec. 22.  1.  The Board may employ an Executive Secretary

7-22  and any other persons necessary to carry out its duties.

7-23      2.  The members of the Board are not entitled to receive a

7-24  salary.

7-25      3.  While engaged in the business of the Board, each member

7-26  and employee of the Board is entitled to receive a per diem

7-27  allowance and travel expenses at a rate fixed by the Board. The

7-28  rate must not exceed the rate provided for officers and employees

7-29  of this state generally.

7-30      Sec. 23.  The Board shall operate on the basis of a fiscal year

7-31  beginning on July 1 and ending on June 30.

7-32      Sec. 24.  1.  Except as otherwise provided in subsection 4, all

7-33  reasonable expenses incurred by the Board in carrying out the

7-34  provisions of this chapter must be paid from the money that it

7-35  receives. No part of the expenses of the Board may be paid from

7-36  the State General Fund.

7-37      2.  All money received by the Board must be deposited in a

7-38  bank or other financial institution in this state and paid out on its

7-39  order for its expenses.

7-40      3.  The Board may delegate to a hearing officer or panel its

7-41  authority to take any disciplinary action pursuant to this chapter,

7-42  impose and collect fines and penalties related to that disciplinary

7-43  action and deposit the money from the fines and penalties in a

7-44  bank or other financial institution in this state.

8-1  4.  If a hearing officer or panel is not authorized to take

8-2  disciplinary action pursuant to subsection 3, the Board shall

8-3  deposit all money collected from the imposition of fines and

8-4  penalties with the State Treasurer for credit to the State General

8-5  Fund. If money has been deposited in the State General Fund

8-6  pursuant to this subsection, the Board may present a claim to the

8-7  State Board of Examiners for recommendation to the Interim

8-8  Finance Committee if money is needed to pay attorney’s fees or

8-9  the costs of an investigation, or both.

8-10      Sec. 25.  1.  Except as otherwise provided in subsection 2,

8-11  unless he has been issued a license as an athletic trainer by the

8-12  Board pursuant to the provisions of this chapter, a person shall

8-13  not:

8-14      (a) Engage in the practice of athletic training;

8-15      (b) Hold himself out as licensed or qualified to engage in the

8-16  practice of athletic training; or

8-17      (c) Use in connection with his name any title, words, letters or

8-18  other designation intended to imply or designate him as a licensed

8-19  athletic trainer.

8-20      2.  A student athletic trainer or graduate student athletic

8-21  trainer may engage in the practice of athletic training while under

8-22  the supervision of a licensed athletic trainer.

8-23      3.  If the Board determines that a person has engaged, or is

8-24  about to engage, in any act or practice that constitutes, or will

8-25  constitute, a violation of the provisions of this section, the Board

8-26  may make an application to an appropriate court for an order

8-27  enjoining that act or practice, and upon a showing by the Board

8-28  that the person has engaged, or is about to engage, in that act or

8-29  practice, the court shall issue an injunction against that act or

8-30  practice. Such an injunction does not prevent a criminal

8-31  prosecution for that act or practice.

8-32      Sec. 26.  1.  An applicant for a license as an athletic trainer

8-33  must:

8-34      (a) Be of good moral character;

8-35      (b) Be a citizen of the United States or lawfully entitled to

8-36  remain and work in the United States;

8-37      (c) Have at least a bachelor’s degree in a program of study

8-38  approved by the Board;

8-39      (d) Submit an application on a form provided by the Board;

8-40      (e) Submit a complete set of his fingerprints and written

8-41  permission authorizing the Board to forward the fingerprints to

8-42  the Central Repository for Nevada Records of Criminal History

8-43  for submission to the Federal Bureau of Investigation for its

8-44  report;

9-1  (f) Pay the fees prescribed by the Board pursuant to section 33

9-2  of this act; and

9-3  (g) Except as otherwise provided in subsection 2 and section

9-4  27 of this act, pass the examination prepared by the National

9-5  Athletic Trainers Association Board of Certification or its

9-6  successor organization.

9-7  2.  An applicant who submits proof of his current certification

9-8  as an athletic trainer by the National Athletic Trainers Association

9-9  Board of Certification, or its successor organization, is not

9-10  required to pass the examination required by paragraph (g) of

9-11  subsection 1.

9-12      3.  An applicant who fails the examination may not reapply

9-13  for a license for at least 1 year after he submits his application to

9-14  the Board.

9-15      Sec. 27.  If the National Athletic Trainers Association Board

9-16  of Certification, or its successor organization, if any, ceases to

9-17  exist or ceases to prepare the examination required by section 26

9-18  of this act, the Board shall designate another appropriate national

9-19  organization to prepare the test. If the Board determines that no

9-20  such organization exists, the Board shall prepare or cause to be

9-21  prepared a test which must be offered not less than two times each

9-22  year.

9-23      Sec. 28.  1.  In addition to any other requirements for the

9-24  issuance or renewal of a license set forth in this chapter, an

9-25  applicant for the issuance or renewal of a license to engage in the

9-26  practice of athletic training must submit to the Board:

9-27      (a) The social security number of the applicant; and

9-28      (b) The statement prescribed by the Welfare Division of the

9-29  Department of Human Resources pursuant to NRS 425.520. The

9-30  statement must be completed and signed by the applicant.

9-31      2.  The Board shall include the person’s social security

9-32  number and the statement required pursuant to subsection 1 in:

9-33      (a) The application or any other forms that must be submitted

9-34  for the issuance or renewal of the license; or

9-35      (b) A separate form prescribed by the Board.

9-36      3.  A license to practice athletic training may not be issued or

9-37  renewed by the Board if the applicant:

9-38      (a) Fails to submit his social security number required

9-39  pursuant to subsection 1;

9-40      (b) Fails to submit the statement required pursuant to

9-41  subsection 1; or

9-42      (c) Indicates on the statement submitted pursuant to

9-43  subsection 1 that he is subject to a court order for the support of a

9-44  child and is not in compliance with the order or a plan approved

10-1  by the district attorney or other public agency enforcing the order

10-2  for the repayment of the amount owed pursuant to the order.

10-3      4.  If an applicant indicates on the statement submitted

10-4  pursuant to subsection 1 that he is subject to a court order for the

10-5  support of a child and is not in compliance with the order or a

10-6  plan approved by the district attorney or other public agency

10-7  enforcing the order for the repayment of the amount owed

10-8  pursuant to the order, the Board shall advise the applicant to

10-9  contact the district attorney or other public agency enforcing the

10-10  order to determine the actions that the applicant may take to

10-11  satisfy the arrearage.

10-12     Sec. 29.  1.  If the Board receives a copy of a court order

10-13  issued pursuant to NRS 425.540 that provides for the suspension

10-14  of all professional, occupational and recreational licenses,

10-15  certificates and permits issued to a licensee, the Board shall deem

10-16  the license to be suspended at the end of the 30th day after the date

10-17  the court order was issued unless the Board receives a letter issued

10-18  to the licensee by the district attorney or other public agency

10-19  pursuant to NRS 425.550 stating that the licensee has complied

10-20  with the subpoena or warrant or has satisfied the arrearage

10-21  pursuant to NRS 425.560.

10-22     2.  The Board shall reinstate a license that has been

10-23  suspended by a district court pursuant to NRS 425.540 if the

10-24  Board receives a letter issued by the district attorney or other

10-25  public agency pursuant to NRS 425.550 to the licensee stating that

10-26  the licensee has complied with the subpoena or warrant or has

10-27  satisfied the arrearage pursuant to NRS 425.560.

10-28     Sec. 30.  1.  Except as otherwise provided in subsection 2,

10-29  the Board shall issue a license as an athletic trainer, without

10-30  examination, to an applicant who is licensed to engage in the

10-31  practice of athletic training in another state, territory or

10-32  possession of the United States, or the District of Columbia if the

10-33  applicant submits to the Board:

10-34     (a) An application on a form prescribed by the Board; and

10-35     (b) The fees prescribed by the Board pursuant to section 33 of

10-36  this act.

10-37     2.  The Board shall not issue a license pursuant to this section

10-38  unless the jurisdiction in which the applicant is licensed had

10-39  requirements at the time the license was issued that the Board

10-40  determines are substantially equivalent to the requirements for a

10-41  license as an athletic trainer set forth in this chapter.

10-42     Sec. 31.  Each person licensed to practice as an athletic

10-43  trainer shall display his license conspicuously at each place where

10-44  he engages in the practice of athletic training.

11-1      Sec. 31.5. 1.  A person who is licensed as an athletic trainer

11-2  shall not conduct an evaluation of an athletic injury or perform

11-3  joint mobilization unless the person has earned at least a master’s

11-4  degree in athletic training or a comparable area of study, as

11-5  determined by the Board.

11-6      2.  A person who is licensed as an athletic trainer and has not

11-7  earned a master’s degree in athletic training or a comparable area

11-8  of study, as determined by the Board, may perform passive range

11-9  of motion or passive joint range of motion.

11-10     Sec. 32.  1.  Each license to engage in the practice of athletic

11-11  training expires on June 30 of each year and may be renewed if,

11-12  before the license expires, the licensee submits to the Board:

11-13     (a) An application on a form prescribed by the Board;

11-14     (b) Proof of his completion of the requirements for continuing

11-15  education prescribed by the Board pursuant to section 20 of this

11-16  act; and

11-17     (c) The fee for the renewal of his license prescribed by the

11-18  Board pursuant to section 33 of this act.

11-19     2.  A license that expires pursuant to the provisions of this

11-20  section may be restored if the applicant:

11-21     (a) Complies with the provisions of subsection 1;

11-22     (b) Submits to the Board proof of his ability to engage in the

11-23  practice of athletic training; and

11-24     (c) Submits to the Board:

11-25         (1) The fee for the restoration of an expired license; and

11-26         (2) For each year that the license was expired, the fee for

11-27  the renewal of a license prescribed by the Board pursuant to

11-28  section 33 of this act.

11-29     3.  If the Board determines that an applicant has not

11-30  submitted satisfactory proof of his ability to engage in the practice

11-31  of athletic training, the Board may require the applicant to:

11-32     (a) Pass an examination prescribed by the Board; and

11-33     (b) Engage in the practice of athletic training under the

11-34  supervision of a person designated by the Board for a period

11-35  prescribed by the Board.

11-36     Sec. 33.  The Board shall, by regulation, prescribe the

11-37  following fees which must not exceed:

 

11-38  Application for a license................ $250

11-39  Examination for a license............... 350

11-40  Application for a license without examination   350

11-41  Annual renewal of a license............ 350

11-42  Restoration of an expired license... 350

11-43  Issuance of a duplicate license......... 50

12-1      Sec. 34.  1.  The Board may refuse to issue a license to an

12-2  applicant, or may take disciplinary action against a licensee, if,

12-3  after notice and a hearing, the Board determines that the

12-4  applicant or licensee:

12-5      (a) Has submitted false or misleading information to the

12-6  Board or any agency of this state, any other state, the Federal

12-7  Government or the District of Columbia;

12-8      (b) Has violated any provision of this chapter or any

12-9  regulation adopted pursuant thereto;

12-10     (c) Has been convicted of a felony, a crime relating to a

12-11  controlled substance or a crime involving moral turpitude;

12-12     (d) Is addicted to alcohol or any controlled substance;

12-13     (e) Has violated the provisions of NRS 200.5093 or 432B.220;

12-14     (f) Is guilty of gross negligence in his practice as an athletic

12-15  trainer;

12-16     (g) Is not competent to engage in the practice of athletic

12-17  training;

12-18     (h) Has failed to provide information requested by the Board

12-19  within 60 days after he received the request;

12-20     (i) Has engaged in unethical or unprofessional conduct as it

12-21  relates to the practice of athletic training;

12-22     (j) Has been disciplined in another state, a territory or

12-23  possession of the United States, or the District of Columbia for

12-24  conduct that would be a violation of the provisions of this chapter

12-25  or any regulations adopted pursuant thereto if the conduct were

12-26  committed in this state;

12-27     (k) Has solicited or received compensation for services that he

12-28  did not provide;

12-29     (l) If the licensee is on probation, has violated the terms of his

12-30  probation; or

12-31     (m) Has terminated his professional services to a client in a

12-32  manner that detrimentally affected that client.

12-33     2.  The Board may, if it determines that an applicant for a

12-34  license or a licensee has committed any of the acts set forth in

12-35  subsection 1, after notice and a hearing:

12-36     (a) Refuse to issue a license to the applicant;

12-37     (b) Refuse to renew or restore the license of the licensee;

12-38     (c) Suspend or revoke the license of the licensee;

12-39     (d) Place the licensee on probation;

12-40     (e) Impose an administrative fine of not more than $5,000;

12-41     (f) Require the applicant or licensee to pay the costs incurred

12-42  by the Board to conduct the investigation and hearing; or

12-43     (g) Impose any combination of actions set forth in paragraphs

12-44  (a) to (f), inclusive.

13-1      Sec. 35. 1.  The Board may conduct investigations and hold

13-2  hearings to carry out its duties pursuant to the provisions of this

13-3  chapter.

13-4      2.  In such a hearing:

13-5      (a) Any member of the Board may administer oaths and

13-6  examine witnesses; and

13-7      (b) The Board or any member thereof may issue subpoenas to

13-8  compel the attendance of witnesses and the production of books

13-9  and papers.

13-10     3.  Each witness who is subpoenaed to appear before the

13-11  Board is entitled to receive for his attendance the same fees and

13-12  mileage allowed by law to a witness in a civil case. The amount

13-13  must be paid by the party who requested the subpoena. If any

13-14  witness who has not been required to attend at the request of any

13-15  party is subpoenaed by the Board, his fees and mileage must be

13-16  paid from the money of the Board.

13-17     4.  If any person fails to comply with the subpoena within 10

13-18  days after it is issued, the Chairman of the Board may petition a

13-19  court of competent jurisdiction for an order of the court

13-20  compelling compliance with the subpoena.

13-21     5.  Upon such a petition, the court shall enter an order

13-22  directing the person subpoenaed to appear before the court at a

13-23  time and place to be fixed by the court in its order, the time to be

13-24  not more than 10 days after the date of the order, and to show

13-25  cause why he has not complied with the subpoena. A certified copy

13-26  of the order must be served upon the person subpoenaed.

13-27     6.  If it appears to the court that the subpoena was regularly

13-28  issued by the Board, the court shall enter an order compelling

13-29  compliance with the subpoena. The failure of the person to obey

13-30  the order is a contempt of the court that issued the order.

13-31     Sec. 36.  1.  Any records or information obtained during the

13-32  course of an investigation by the Board are confidential until the

13-33  investigation is completed. Upon completion of the investigation,

13-34  the records and information are public records if:

13-35     (a) Disciplinary action was taken by the Board as a result of

13-36  the investigation; or

13-37     (b) The person who was investigated submits a written request

13-38  to the Board asking that the information and records be made

13-39  public records.

13-40     2.  The provisions of this section do not prohibit the Board

13-41  from cooperating with another licensing board or any agency that

13-42  is investigating a licensee, including, without limitation, a law

13-43  enforcement agency.

14-1      Sec. 37.  1.  A person who violates any provision of this

14-2  chapter is guilty of a gross misdemeanor and shall be punished by

14-3  a fine of not more than $2,000 for each offense.

14-4      2.  If the Board has reason to believe that a person has

14-5  violated a provision of this chapter or a regulation adopted

14-6  pursuant thereto, the Board shall report the facts to the district

14-7  attorney of the county where the violation occurred, who may

14-8  cause appropriate criminal proceedings to be brought against that

14-9  person.

14-10     Sec. 38.  NRS 622.010 is hereby amended to read as follows:

14-11     622.010  As used in this chapter, unless the context otherwise

14-12  requires, “occupational licensing board” includes, without

14-13  limitation:

14-14     1.  The State Board of Architecture, Interior Design and

14-15  Residential Design.

14-16     2.  The State Board of Landscape Architecture.

14-17     3.  The State Contractors’ Board.

14-18     4.  The State Board of Professional Engineers and Land

14-19  Surveyors.

14-20     5.  The Board of Registered Environmental Health Specialists.

14-21     6.  The Nevada State Board of Accountancy.

14-22     7.  The Board of Medical Examiners.

14-23     8.  The Board of Homeopathic Medical Examiners.

14-24     9.  The Board of Dental Examiners of Nevada.

14-25     10.  The State Board of Nursing.

14-26     11.  The State Board of Osteopathic Medicine.

14-27     12.  The Chiropractic Physicians’ Board of Nevada.

14-28     13.  The State Board of Oriental Medicine.

14-29     14.  The State Board of Podiatry.

14-30     15.  The Nevada State Board of Optometry.

14-31     16.  The Board of Dispensing Opticians.

14-32     17.  The Board of Hearing Aid Specialists.

14-33     18.  The Board of Examiners for Audiology and Speech

14-34  Pathology.

14-35     19.  The Nevada State Board of Veterinary Medical Examiners.

14-36     20.  The State Board of Pharmacy.

14-37     21.  The State Board of Physical Therapy Examiners.

14-38     22.  The Board of Occupational Therapy.

14-39     23.  The Board of Psychological Examiners.

14-40     24.  The Board of Examiners for Marriage and Family

14-41  Therapists.

14-42     25.  The Board of Examiners for Social Workers.

14-43     26.  The Board of Examiners for Alcohol and Drug Abuse

14-44  Counselors.

15-1      27.  The State Board of Funeral Directors, Embalmers and

15-2  Operators of Cemeteries and Crematories.

15-3      28.  The State Barbers’ Health and Sanitation Board.

15-4      29.  The State Board of Cosmetology.

15-5      30.  The Real Estate Division of the Department of Business

15-6  and Industry.

15-7      31.  The Commissioner of Financial Institutions.

15-8      32.  The Private Investigator’s Licensing Board.

15-9      33.  The Health Division of the Department of Human

15-10  Resources.

15-11     34.  The Nevada State Board of Examiners for Administrators

15-12  of Facilities for Long-Term Care.

15-13     35.  The Certified Court Reporters’ Board of Nevada.

15-14     36.  The Board of Athletic Trainers.

15-15     Sec. 39.  NRS 629.031 is hereby amended to read as follows:

15-16     629.031  1.  “Provider of health care” means a physician

15-17  licensed pursuant to chapter 630, 630A or 633 of NRS, dentist,

15-18  licensed nurse, dispensing optician, optometrist, practitioner of

15-19  respiratory care, registered physical therapist, podiatric physician,

15-20  licensed psychologist, licensed marriage and family therapist,

15-21  chiropractor, athletic trainer, doctor of Oriental medicine in any

15-22  form, medical laboratory director or technician, pharmacist or a

15-23  licensed hospital as the employer of any such person.

15-24     2.  For the purposes of NRS 629.051, 629.061 and 629.065, the

15-25  term includes a facility that maintains the health care records of

15-26  patients.

15-27     Sec. 40.  NRS 640.029 is hereby amended to read as follows:

15-28     640.029  This chapter does not apply to an occupational

15-29  therapist , [or] occupational therapy assistant or athletic trainer

15-30  who:

15-31     1.  Is licensed to practice in this state;

15-32     2.  Practices within the scope of that license; and

15-33     3.  Does not represent that he is a physical therapist or physical

15-34  therapist’s assistant, or that he practices physical therapy.

15-35     Sec. 41.  NRS 640A.070 is hereby amended to read as follows:

15-36     640A.070  This chapter does not apply to a person:

15-37     1.  Holding a current license or certificate issued pursuant to

15-38  chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of

15-39  NRS, or sections 2 to 37, inclusive, of this act who practices within

15-40  the scope of that license or certificate.

15-41     2.  Employed by the Federal Government who practices

15-42  occupational therapy within the scope of that employment.

15-43     3.  Enrolled in an educational program approved by the Board

15-44  which is designed to lead to a certificate or degree in occupational

16-1  therapy, if he is designated by a title which clearly indicates that he

16-2  is a student.

16-3      4.  Obtaining the supervised experience necessary to satisfy the

16-4  requirements of subsection 3 of NRS 640A.120.

16-5      5.  Practicing occupational therapy in this state in association

16-6  with an occupational therapist licensed pursuant to this chapter if the

16-7  person:

16-8      (a) Practices in this state for not more than 45 days in a calendar

16-9  year;

16-10     (b) Is licensed to practice occupational therapy in another state

16-11  where the requirements for such a license are equivalent to the

16-12  requirements of this chapter; and

16-13     (c) Meets the requirements for certification as an “occupational

16-14  therapist registered” or “certified occupational therapy assistant”

16-15  established by the American Occupational Therapy Certification

16-16  Board.

16-17     Sec. 42.  NRS 200.5093 is hereby amended to read as follows:

16-18     200.5093  1.  Any person who is described in subsection 4 and

16-19  who, in his professional or occupational capacity, knows or has

16-20  reasonable cause to believe that an older person has been abused,

16-21  neglected, exploited or isolated shall:

16-22     (a) Except as otherwise provided in subsection 2, report the

16-23  abuse, neglect, exploitation or isolation of the older person to:

16-24         (1) The local office of the Aging Services Division of the

16-25  Department of Human Resources;

16-26         (2) A police department or sheriff’s office;

16-27         (3) The county’s office for protective services, if one exists

16-28  in the county where the suspected action occurred; or

16-29         (4) A toll-free telephone service designated by the Aging

16-30  Services Division of the Department of Human Resources; and

16-31     (b) Make such a report as soon as reasonably practicable but not

16-32  later than 24 hours after the person knows or has reasonable cause to

16-33  believe that the older person has been abused, neglected, exploited

16-34  or isolated.

16-35     2.  If a person who is required to make a report pursuant to

16-36  subsection 1 knows or has reasonable cause to believe that the

16-37  abuse, neglect, exploitation or isolation of the older person involves

16-38  an act or omission of the Aging Services Division, another division

16-39  of the Department of Human Resources or a law enforcement

16-40  agency, the person shall make the report to an agency other than the

16-41  one alleged to have committed the act or omission.

16-42     3.  Each agency, after reducing a report to writing, shall forward

16-43  a copy of the report to the Aging Services Division of the

16-44  Department of Human Resources.

17-1      4.  A report must be made pursuant to subsection 1 by the

17-2  following persons:

17-3      (a) Every physician, dentist, dental hygienist, chiropractor,

17-4  optometrist, podiatric physician, medical examiner, resident, intern,

17-5  professional or practical nurse, physician assistant, psychiatrist,

17-6  psychologist, marriage and family therapist, alcohol or drug abuse

17-7  counselor, athletic trainer, driver of an ambulance, advanced

17-8  emergency medical technician or other person providing medical

17-9  services licensed or certified to practice in this state, who examines,

17-10  attends or treats an older person who appears to have been abused,

17-11  neglected, exploited or isolated.

17-12     (b) Any personnel of a hospital or similar institution engaged in

17-13  the admission, examination, care or treatment of persons or an

17-14  administrator, manager or other person in charge of a hospital or

17-15  similar institution upon notification of the suspected abuse, neglect,

17-16  exploitation or isolation of an older person by a member of the staff

17-17  of the hospital.

17-18     (c) A coroner.

17-19     (d) Every clergyman, practitioner of Christian Science or

17-20  religious healer, unless he acquired the knowledge of abuse, neglect,

17-21  exploitation or isolation of the older person from the offender during

17-22  a confession.

17-23     (e) Every person who maintains or is employed by an agency to

17-24  provide nursing in the home.

17-25     (f) Every attorney, unless he has acquired the knowledge of

17-26  abuse, neglect, exploitation or isolation of the older person from a

17-27  client who has been or may be accused of such abuse, neglect,

17-28  exploitation or isolation.

17-29     (g) Any employee of the Department of Human Resources.

17-30     (h) Any employee of a law enforcement agency or a county’s

17-31  office for protective services or an adult or juvenile probation

17-32  officer.

17-33     (i) Any person who maintains or is employed by a facility or

17-34  establishment that provides care for older persons.

17-35     (j) Any person who maintains, is employed by or serves as a

17-36  volunteer for an agency or service which advises persons regarding

17-37  the abuse, neglect, exploitation or isolation of an older person and

17-38  refers them to persons and agencies where their requests and needs

17-39  can be met.

17-40     (k) Every social worker.

17-41     (l) Any person who owns or is employed by a funeral home or

17-42  mortuary.

17-43     5.  A report may be made by any other person.

17-44     6.  If a person who is required to make a report pursuant to

17-45  subsection 1 knows or has reasonable cause to believe that an older

18-1  person has died as a result of abuse, neglect or isolation, the person

18-2  shall, as soon as reasonably practicable, report this belief to the

18-3  appropriate medical examiner or coroner, who shall investigate the

18-4  cause of death of the older person and submit to the appropriate

18-5  local law enforcement agencies, the appropriate prosecuting

18-6  attorney and the Aging Services Division of the Department of

18-7  Human Resources his written findings. The written findings must

18-8  include the information required pursuant to the provisions of NRS

18-9  200.5094, when possible.

18-10     7.  A division, office or department which receives a report

18-11  pursuant to this section shall cause the investigation of the report to

18-12  commence within 3 working days. A copy of the final report of the

18-13  investigation conducted by a division, office or department, other

18-14  than the Aging Services Division of the Department of Human

18-15  Resources, must be forwarded to the Aging Services Division within

18-16  90 days after the completion of the report.

18-17     8.  If the investigation of a report results in the belief that an

18-18  older person is abused, neglected, exploited or isolated, the Aging

18-19  Services Division of the Department of Human Resources or the

18-20  county’s office for protective services may provide protective

18-21  services to the older person if he is able and willing to accept them.

18-22     9.  A person who knowingly and willfully violates any of the

18-23  provisions of this section is guilty of a misdemeanor.

18-24     Sec. 43.  NRS 200.5095 is hereby amended to read as follows:

18-25     200.5095  1.  Reports made pursuant to NRS 200.5093 and

18-26  200.5094, and records and investigations relating to those reports,

18-27  are confidential.

18-28     2.  A person, law enforcement agency or public or private

18-29  agency, institution or facility who willfully releases data or

18-30  information concerning the reports and investigation of the abuse,

18-31  neglect, exploitation or isolation of older persons, except:

18-32     (a) Pursuant to a criminal prosecution;

18-33     (b) Pursuant to NRS 200.50982; or

18-34     (c) To persons or agencies enumerated in subsection 3 of this

18-35  section,

18-36  is guilty of a misdemeanor.

18-37     3.  Except as otherwise provided in subsection 2 and NRS

18-38  200.50982, data or information concerning the reports and

18-39  investigations of the abuse, neglect, exploitation or isolation of an

18-40  older person is available only to:

18-41     (a) A physician who is providing care to an older person who

18-42  may have been abused, neglected, exploited or isolated;

18-43     (b) An agency responsible for or authorized to undertake the

18-44  care, treatment and supervision of the older person;

19-1      (c) A district attorney or other law enforcement official who

19-2  requires the information in connection with an investigation of the

19-3  abuse, neglect, exploitation or isolation of the older person;

19-4      (d) A court which has determined, in camera, that public

19-5  disclosure of such information is necessary for the determination of

19-6  an issue before it;

19-7      (e) A person engaged in bona fide research, but the identity of

19-8  the subjects of the report must remain confidential;

19-9      (f) A grand jury upon its determination that access to such

19-10  records is necessary in the conduct of its official business;

19-11     (g) Any comparable authorized person or agency in another

19-12  jurisdiction;

19-13     (h) A legal guardian of the older person, if the identity of the

19-14  person who was responsible for reporting the alleged abuse, neglect,

19-15  exploitation or isolation of the older person to the public agency is

19-16  protected, and the legal guardian of the older person is not the

19-17  person suspected of such abuse, neglect, exploitation or isolation;

19-18     (i) If the older person is deceased, the executor or administrator

19-19  of his estate, if the identity of the person who was responsible for

19-20  reporting the alleged abuse, neglect, exploitation or isolation of the

19-21  older person to the public agency is protected, and the executor or

19-22  administrator is not the person suspected of such abuse, neglect,

19-23  exploitation or isolation; or

19-24     (j) The older person named in the report as allegedly being

19-25  abused, neglected, exploited or isolated, if that person is not legally

19-26  incompetent.

19-27     4.  If the person who is reported to have abused, neglected,

19-28  exploited or isolated an older person is the holder of a license or

19-29  certificate issued pursuant to chapters 449, 630 to 641B, inclusive,

19-30  or 654 of NRS, or sections 2 to 37, inclusive, of this act,

19-31  information contained in the report must be submitted to the board

19-32  that issued the license.

19-33     Sec. 44.  NRS 218.825 is hereby amended to read as follows:

19-34     218.825  1.  Each of the boards and commissions created by

19-35  the provisions of chapters 623 to 625A, inclusive, 628 to 644,

19-36  inclusive, and [641C,] 654 and 656 of NRS and sections 2 to 37,

19-37  inclusive, of this act shall engage the services of a certified public

19-38  accountant or public accountant, or firm of either of such

19-39  accountants, to audit all its fiscal records once each year for the

19-40  preceding fiscal year or once every other year for the 2 preceding

19-41  fiscal years. The cost of the audit must be paid by the board or

19-42  commission audited.

19-43     2.  A report of each such audit must be filed by the board or

19-44  commission with the Legislative Auditor and the [Director] Chief of

19-45  the Budget Division of the Department of Administration on or

20-1  before December 1 of each year in which an audit is conducted. All

20-2  audits must be conducted in accordance with generally accepted

20-3  auditing standards and all financial statements must be prepared in

20-4  accordance with generally accepted principles of accounting for

20-5  special revenue funds.

20-6      3.  The Legislative Auditor shall audit the fiscal records of any

20-7  such board or commission whenever directed to do so by the

20-8  Legislative Commission. When the Legislative Commission directs

20-9  such an audit, it shall also determine who is to pay the cost of the

20-10  audit.

20-11     Sec. 45.  NRS 284.013 is hereby amended to read as follows:

20-12     284.013  1.  Except as otherwise provided in subsection 4, this

20-13  chapter does not apply to:

20-14     (a) Agencies, bureaus, commissions, officers or personnel in the

20-15  Legislative Department or the Judicial Department of State

20-16  Government, including the Commission on Judicial Discipline;

20-17     (b) Any person who is employed by a board, commission,

20-18  committee or council created in chapters 590, 623 to 625A,

20-19  inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS

20-20  [;] and sections 2 to 37, inclusive, of this act; or

20-21     (c) Officers or employees of any agency of the Executive

20-22  Department of the State Government who are exempted by specific

20-23  statute.

20-24     2.  Except as otherwise provided in subsection 3, the terms and

20-25  conditions of employment of all persons referred to in subsection 1,

20-26  including salaries not prescribed by law and leaves of absence,

20-27  including, without limitation, annual leave and sick and disability

20-28  leave, must be fixed by the appointing or employing authority

20-29  within the limits of legislative appropriations or authorizations.

20-30     3.  Except as otherwise provided in this subsection, leaves of

20-31  absence prescribed pursuant to subsection 2 must not be of lesser

20-32  duration than those provided for other state officers and employees

20-33  pursuant to the provisions of this chapter. The provisions of this

20-34  subsection do not govern the Legislative Commission with respect

20-35  to the personnel of the Legislative Counsel Bureau.

20-36     4.  Any board, commission, committee or council created in

20-37  chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,

20-38  648, 652, 654 and 656 of NRS and sections 2 to 37, inclusive, of

20-39  this act which contracts for the services of a person, shall require the

20-40  contract for those services to be in writing. The contract must be

20-41  approved by the State Board of Examiners before those services

20-42  may be provided.

20-43     Sec. 46.  NRS 353.005 is hereby amended to read as follows:

20-44     353.005  The provisions of this chapter do not apply to boards

20-45  created pursuant to chapters 623 to 625A, inclusive, 628, 630 to

21-1  640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and

21-2  sections 2 to 37, inclusive, of this act and the officers and

21-3  employees thereof.

21-4      Sec. 47.  NRS 353A.020 is hereby amended to read as follows:

21-5      353A.020  1.  The Director, in consultation with the

21-6  Committee and Legislative Auditor, shall adopt a uniform system of

21-7  internal accounting and administrative control for agencies. The

21-8  elements of the system must include, without limitation:

21-9      (a) A plan of organization which provides for a segregation of

21-10  duties appropriate to safeguard the assets of the agency;

21-11     (b) A plan which limits access to assets of the agency to persons

21-12  who need the assets to perform their assigned duties;

21-13     (c) Procedures for authorizations and recordkeeping which

21-14  effectively control accounting of assets, liabilities, revenues and

21-15  expenses;

21-16     (d) A system of practices to be followed in the performance of

21-17  the duties and functions of each agency; and

21-18     (e) An effective system of internal review.

21-19     2.  The Director, in consultation with the Committee and

21-20  Legislative Auditor, may modify the system whenever he considers

21-21  it necessary.

21-22     3.  Each agency shall develop written procedures to carry out

21-23  the system of internal accounting and administrative control adopted

21-24  pursuant to this section.

21-25     4.  For the purposes of this section, “agency” does not include:

21-26     (a) A board created by the provisions of chapters 623 to 625A,

21-27  inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

21-28  and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

21-29     (b) The University and Community College System of Nevada.

21-30     (c) The Public Employees’ Retirement System.

21-31     (d) The Housing Division of the Department of Business and

21-32  Industry.

21-33     (e) The Colorado River Commission of Nevada.

21-34     Sec. 48.  NRS 353A.025 is hereby amended to read as follows:

21-35     353A.025  1.  The head of each agency shall periodically

21-36  review the agency’s system of internal accounting and

21-37  administrative control to determine whether it is in compliance with

21-38  the uniform system of internal accounting and administrative control

21-39  for agencies adopted pursuant to subsection 1 of NRS 353A.020.

21-40     2.  On or before July 1 of each even-numbered year, the head of

21-41  each agency shall report to the Director whether the agency’s

21-42  system of internal accounting and administrative control is in

21-43  compliance with the uniform system adopted pursuant to subsection

21-44  1 of NRS 353A.020. The reports must be made available for

21-45  inspection by the members of the Legislature.

22-1      3.  For the purposes of this section, “agency” does not include:

22-2      (a) A board created by the provisions of chapters 623 to 625A,

22-3  inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

22-4  and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

22-5      (b) The University and Community College System of Nevada.

22-6      (c) The Public Employees’ Retirement System.

22-7      (d) The Housing Division of the Department of Business and

22-8  Industry.

22-9      (e) The Colorado River Commission of Nevada.

22-10     4.  The Director shall, on or before the first Monday in

22-11  February of each odd-numbered year, submit a report on the status

22-12  of internal accounting and administrative controls in agencies to the:

22-13     (a) Director of the Legislative Counsel Bureau for transmittal to

22-14  the:

22-15         (1) Senate Standing Committee on Finance; and

22-16         (2) Assembly Standing Committee on Ways and Means;

22-17     (b) Governor; and

22-18     (c) Legislative Auditor.

22-19     5.  The report submitted by the Director pursuant to subsection

22-20  4 must include, without limitation:

22-21     (a) The identification of each agency that has not complied with

22-22  the requirements of subsections 1 and 2;

22-23     (b) The identification of each agency that does not have an

22-24  effective method for reviewing its system of internal accounting and

22-25  administrative control; and

22-26     (c) The identification of each agency that has weaknesses in its

22-27  system of internal accounting and administrative control, and the

22-28  extent and types of such weaknesses.

22-29     Sec. 49.  NRS 353A.045 is hereby amended to read as follows:

22-30     353A.045  The Chief shall:

22-31     1.  Report to the Director.

22-32     2.  Develop long-term and annual work plans to be based on the

22-33  results of periodic documented risk assessments. The annual work

22-34  plan must list the agencies to which the Division will provide

22-35  training and assistance and be submitted to the Director for

22-36  approval. Such agencies must not include:

22-37     (a) A board created by the provisions of chapters 623 to 625A,

22-38  inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

22-39  and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

22-40     (b) The University and Community College System of Nevada.

22-41     (c) The Public Employees’ Retirement System.

22-42     (d) The Housing Division of the Department of Business and

22-43  Industry.

22-44     (e) The Colorado River Commission of Nevada.

23-1      3.  Provide a copy of the approved annual work plan to the

23-2  Legislative Auditor.

23-3      4.  In consultation with the Director, prepare a plan for auditing

23-4  executive branch agencies for each fiscal year and present the plan

23-5  to the Committee for its review and approval. Each plan for auditing

23-6  must:

23-7      (a) State the agencies which will be audited, the proposed scope

23-8  and assignment of those audits and the related resources which will

23-9  be used for those audits; and

23-10     (b) Ensure that the internal accounting, administrative controls

23-11  and financial management of each agency are reviewed periodically.

23-12     5.  Perform the audits of the programs and activities of the

23-13  agencies in accordance with the plan approved pursuant to

23-14  subsection 5 of NRS 353A.038 and prepare audit reports of his

23-15  findings.

23-16     6.  Review each agency that is audited pursuant to subsection 5

23-17  and advise those agencies concerning internal accounting,

23-18  administrative controls and financial management.

23-19     7.  Submit to each agency that is audited pursuant to subsection

23-20  5 analyses, appraisals and recommendations concerning:

23-21     (a) The adequacy of the internal accounting and administrative

23-22  controls of the agency; and

23-23     (b) The efficiency and effectiveness of the management of the

23-24  agency.

23-25     8.  Report any possible abuses, illegal actions, errors, omissions

23-26  and conflicts of interest of which the Division becomes aware

23-27  during the performance of an audit.

23-28     9.  Adopt the standards of the Institute of Internal Auditors for

23-29  conducting and reporting on audits.

23-30     10.  Consult with the Legislative Auditor concerning the plan

23-31  for auditing and the scope of audits to avoid duplication of effort

23-32  and undue disruption of the functions of agencies that are audited

23-33  pursuant to subsection 5.

23-34     11.  Appoint a Manager of Internal Controls.

23-35     Sec. 50.  NRS 432B.220 is hereby amended to read as follows:

23-36     432B.220  1.  Any person who is described in subsection 3

23-37  and who, in his professional or occupational capacity, knows or has

23-38  reasonable cause to believe that a child has been abused or neglected

23-39  shall:

23-40     (a) Except as otherwise provided in subsection 2, report the

23-41  abuse or neglect of the child to an agency which provides child

23-42  welfare services or to a law enforcement agency; and

23-43     (b) Make such a report as soon as reasonably practicable but not

23-44  later than 24 hours after the person knows or has reasonable cause to

23-45  believe that the child has been abused or neglected.

24-1      2.  If a person who is required to make a report pursuant to

24-2  subsection 1 knows or has reasonable cause to believe that the abuse

24-3  or neglect of the child involves an act or omission of:

24-4      (a) A person directly responsible or serving as a volunteer for or

24-5  an employee of a public or private home, institution or facility

24-6  where the child is receiving child care outside of his home for a

24-7  portion of the day, the person shall make the report to a law

24-8  enforcement agency.

24-9      (b) An agency which provides child welfare services or a law

24-10  enforcement agency, the person shall make the report to an agency

24-11  other than the one alleged to have committed the act or omission,

24-12  and the investigation of the abuse or neglect of the child must be

24-13  made by an agency other than the one alleged to have committed the

24-14  act or omission.

24-15     3.  A report must be made pursuant to subsection 1 by the

24-16  following persons:

24-17     (a) A physician, dentist, dental hygienist, chiropractor,

24-18  optometrist, podiatric physician, medical examiner, resident, intern,

24-19  professional or practical nurse, physician assistant, psychiatrist,

24-20  psychologist, marriage and family therapist, alcohol or drug abuse

24-21  counselor, athletic trainer, advanced emergency medical technician

24-22  or other person providing medical services licensed or certified in

24-23  this state;

24-24     (b) Any personnel of a hospital or similar institution engaged in

24-25  the admission, examination, care or treatment of persons or an

24-26  administrator, manager or other person in charge of a hospital or

24-27  similar institution upon notification of suspected abuse or neglect of

24-28  a child by a member of the staff of the hospital;

24-29     (c) A coroner;

24-30     (d) A clergyman, practitioner of Christian Science or religious

24-31  healer, unless he has acquired the knowledge of the abuse or neglect

24-32  from the offender during a confession;

24-33     (e) A social worker and an administrator, teacher, librarian or

24-34  counselor of a school;

24-35     (f) Any person who maintains or is employed by a facility or

24-36  establishment that provides care for children, children’s camp or

24-37  other public or private facility, institution or agency furnishing care

24-38  to a child;

24-39     (g) Any person licensed to conduct a foster home;

24-40     (h) Any officer or employee of a law enforcement agency or an

24-41  adult or juvenile probation officer;

24-42     (i) An attorney, unless he has acquired the knowledge of the

24-43  abuse or neglect from a client who is or may be accused of the abuse

24-44  or neglect;

25-1      (j) Any person who maintains, is employed by or serves as a

25-2  volunteer for an agency or service which advises persons regarding

25-3  abuse or neglect of a child and refers them to persons and agencies

25-4  where their requests and needs can be met; and

25-5      (k) Any person who is employed by or serves as a volunteer for

25-6  an approved youth shelter. As used in this paragraph, “approved

25-7  youth shelter” has the meaning ascribed to it in NRS 244.422.

25-8      4.  A report may be made by any other person.

25-9      5.  If a person who is required to make a report pursuant to

25-10  subsection 1 knows or has reasonable cause to believe that a child

25-11  has died as a result of abuse or neglect, the person shall, as soon as

25-12  reasonably practicable, report this belief to the appropriate medical

25-13  examiner or coroner, who shall investigate the report and submit to

25-14  an agency which provides child welfare services his written

25-15  findings. The written findings must include, if obtainable, the

25-16  information required pursuant to the provisions of subsection 2 of

25-17  NRS 432B.230.

25-18     Sec. 51.  NRS 608.0116 is hereby amended to read as follows:

25-19     608.0116  “Professional” means pertaining to an employee who

25-20  is licensed or certified by the State of Nevada for and engaged in the

25-21  practice of law or any of the professions regulated by chapters 623

25-22  to 645, inclusive, and 656A of NRS[.] and sections 2 to 37,

25-23  inclusive, of this act.

25-24     Sec. 52.  Notwithstanding the provisions of sections 2 to 37,

25-25  inclusive, of this act, a person who engages in the practice of

25-26  athletic training is not required to be licensed as such pursuant to the

25-27  provisions of this act before July 1, 2004.

25-28     Sec. 53.  1.  Notwithstanding the provisions of sections 2 to

25-29  37, inclusive, of this act, a person may be licensed as an athletic

25-30  trainer, if he is employed or otherwise working as an athletic trainer

25-31  on October 1, 2003, he is qualified for a license as an athletic trainer

25-32  pursuant to the provisions of subsection 2 and, before April 1, 2004,

25-33  he submits to the Board of Athletic Trainers created pursuant to

25-34  section 16 of this act:

25-35     (a) An application for a license on a form provided by the

25-36  Board;

25-37     (b) The fee for the license prescribed by the Board pursuant to

25-38  section 33 of this act; and

25-39     (c) The statement required pursuant to section 28 of this act

25-40  unless after January 1, 2003, the provisions of 42 U.S.C. § 666

25-41  requiring each state to establish procedures under which the state

25-42  has authority to withhold or suspend, or to restrict the use of

25-43  professional, occupational and recreational licenses of persons who:

26-1          (1) Have failed to comply with a subpoena or warrant

26-2  relating to a procedure to determine the paternity of a child or to

26-3  establish or enforce an obligation for the support of a child; or

26-4          (2) Are in arrears in the payment for the support of one or

26-5  more children,

26-6  are repealed by the Congress of the United States.

26-7      2.  An applicant is qualified for a license pursuant to this

26-8  section as an athletic trainer if he:

26-9      (a) Is certified as an athletic trainer by the National Athletic

26-10  Trainers Association Board of Certification;

26-11     (b) Has a bachelor’s degree in a course of study approved by the

26-12  Board; or

26-13     (c) Has education, training, experience or other qualifications

26-14  that the Board determines qualify him to engage in the practice of

26-15  athletic training.

26-16     Sec. 54.  1.  Notwithstanding the provisions of section 16 of

26-17  this act, each athletic trainer who is appointed to the Board of

26-18  Athletic Trainers to an initial term pursuant to subsection 2 is not

26-19  required to be licensed pursuant to sections 2 to 37, inclusive, of this

26-20  act, at the time of appointment but must be eligible for a license as

26-21  such at the time of appointment.

26-22     2.  As soon as practicable after October 1, 2003, the Governor

26-23  shall appoint to the Board of Athletic Trainers:

26-24     (a) Two members whose terms expire on September 30, 2005;

26-25  and

26-26     (b) Three members whose terms expire on September 30, 2006.

26-27     Sec. 55.  1.  On or before January 1, 2004, the Board of

26-28  Athletic Trainers shall:

26-29     (a) Identify the personal trainers and other fitness instructors in

26-30  this state and establish a registry of the names and addresses of

26-31  those personal trainers and other fitness instructors to provide notice

26-32  of the time and place of the public hearings held by the Board

26-33  pursuant to this section; and

26-34     (b) Hold not less than five public hearings for the purpose of

26-35  establishing recommendations concerning the regulation of personal

26-36  trainers and other fitness instructors in this state.

26-37     2.  On or before January 15, 2005, the Board shall submit a

26-38  report of its findings and recommendations concerning the

26-39  regulation of personal trainers and other fitness instructors in this

26-40  state to the 73rd Session of the Nevada Legislature. The

26-41  recommendations may include, without limitation, appropriate:

26-42     (a) Educational qualifications and experience requirements for

26-43  licensure;

26-44     (b) Fees for the issuance and renewal of licenses;

26-45     (c) Requirements for continuing education; and

27-1      (d) Grounds for disciplinary action.

27-2      Sec. 56.  Sections 28 and 29 of this act expire by limitation on

27-3  the date on which the provisions of 42 U.S.C. § 666 requiring each

27-4  state to establish procedures under which the state has authority to

27-5  withhold or suspend, or to restrict the use of professional,

27-6  occupational and recreational licenses of persons who:

27-7      1.  Have failed to comply with a subpoena or warrant relating to

27-8  a procedure to determine the paternity of a child or to establish or

27-9  enforce an obligation for the support of a child; or

27-10     2.  Are in arrears in the payment for the support of one or more

27-11  children,

27-12  are repealed by the Congress of the United States.

 

27-13  H