Senate Bill No. 310–Senator Carlton

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to certain occupational boards and commissions. (BDR 54‑223)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to agencies; clarifying that certain occupational boards and commissions must act in the public interest; revising the qualifications for the members of certain occupational boards and commissions; providing that the members of certain occupational boards and commissions must be provided with certain materials and training upon appointment; revising the authority of certain occupational boards and commissions to hire employees or contract with independent contractors; revising the qualifications for the executive director or executive secretary of certain occupational boards and commissions; revising the audit requirements for certain occupational boards and commissions; 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. NRS 623.010 is hereby amended to read as follows:

1-2  623.010  The purpose of this chapter is to safeguard life, health

1-3  and property, and to promote the public welfare by improving the

1-4  quality of human environmental design. For this purpose, the

1-5  Legislature delegates to the State Board of Architecture, Interior

1-6  Design and Residential Design the duty of enforcing the

1-7  provisions of this chapter in the interest of the public.

2-1  Sec. 2.  NRS 623.050 is hereby amended to read as follows:

2-2  623.050  1.  The State Board of Architecture, Interior Design

2-3  and Residential Design, consisting of nine members appointed by

2-4  the Governor, is hereby created.

2-5  2.  The Governor shall appoint:

2-6  (a) Five members who are registered architects and have been in

2-7  the active practice of architecture in the State of Nevada for not less

2-8  than 3 years preceding their appointment.

2-9  (b) One member who is a registered residential designer.

2-10      (c) Two members who are registered interior designers and who

2-11  are not registered architects or residential designers.

2-12      (d) One member who is a representative of the general public.

2-13  This member must not be:

2-14          (1) A registered architect, a registered interior designer or a

2-15  registered residential designer; or

2-16          (2) The spouse, child or parent of a registered architect, a

2-17  registered interior designer or a registered residential designer.

2-18      3.  Members of the Board must have been residents of this state

2-19  for not less than 2 years preceding their appointment.

2-20      4.  The Governor may, upon a bona fide complaint, and for

2-21  good cause shown, after 10 days’ notice to any member against

2-22  whom charges may be filed, and after opportunity for hearing,

2-23  remove the member for inefficiency, neglect of duty or malfeasance

2-24  in office.

2-25      5.  Upon appointment, new members of the Board must be

2-26  provided with:

2-27      (a) A written summary of their duties and responsibilities as

2-28  members of the Board.

2-29      (b) Training on their duties and responsibilities by the

2-30  Attorney General. This training must include, but is not limited to,

2-31  instruction related to the audit of the Board required pursuant to

2-32  NRS 218.825.

2-33      Sec. 3.  NRS 623.135 is hereby amended to read as follows:

2-34      623.135  1.  The Board may employ an Executive Director,

2-35  legal counsel, investigators, professional consultants and other

2-36  employees necessary to the discharge of its duties, and may fix the

2-37  compensation therefor.

2-38      2.  The Board shall not employ a person or contract with a

2-39  person as an independent contractor if the person is the spouse,

2-40  child or parent of:

2-41      (a) A registered architect, a registered interior designer or a

2-42  registered residential designer; or

2-43      (b) A member or employee of the Board.

2-44      3.  If the Board employs a person as an Executive Director or

2-45  in a position with powers or duties similar to those of an Executive

3-1  Director, the person must possess a level of education or

3-2  experience, or a combination of both, to qualify the person to

3-3  perform the administrative and managerial tasks required of the

3-4  position.

3-5  Sec. 4.  NRS 623A.010 is hereby amended to read as follows:

3-6  623A.010  The practice of landscape architecture affects the

3-7  public welfare and is charged with the public interest and therefore

3-8  subject to protection and regulation by the State. For this purpose,

3-9  the Legislature delegates to the State Board of Landscape

3-10  Architecture the duty of enforcing the provisions of this chapter in

3-11  the interest of the public.

3-12      Sec. 5.  NRS 623A.080 is hereby amended to read as follows:

3-13      623A.080  1.  The State Board of Landscape Architecture,

3-14  consisting of five members appointed by the Governor, is hereby

3-15  created.

3-16      2.  The Governor shall appoint:

3-17      (a) Four members who, at the time of their appointment, are not

3-18  the subject of any disciplinary action by the Board and who, for not

3-19  less than 3 years immediately preceding their appointment, have

3-20  been:

3-21          (1) Engaged in the practice of landscape architecture; and

3-22          (2) Holders of certificates of registration; and

3-23      (b) One member who is a representative of the general public.

3-24  This member must not be:

3-25          (1) A landscape architect or a landscape architect intern; or

3-26          (2) The spouse, child or parent of a landscape architect or a

3-27  landscape architect intern.

3-28      3.  Each member must have been a resident of this state for not

3-29  less than 3 years immediately preceding his appointment.

3-30      4.  A member of the Board shall not serve for more than three

3-31  terms.

3-32      5.  Each member of the Board shall, within 30 days after he is

3-33  appointed, take and subscribe to the oath of office as prescribed by

3-34  the laws of this state and file the oath with the Secretary of State.

3-35      6.  The member who is a representative of the general public

3-36  shall not participate in preparing or grading any examination

3-37  required by the Board.

3-38      7.  Upon receipt of a complaint concerning a member of the

3-39  Board and for good cause shown, the Governor may, after providing

3-40  10 days’ notice to the member and providing an opportunity for a

3-41  hearing, remove the member for inefficiency, neglect of duty or

3-42  malfeasance in office.

3-43      8.  An appointment to fill a vacancy in the membership of the

3-44  Board for a cause other than expiration of the term must be for the

3-45  unexpired portion of the term.

4-1  9.  A member, agent or employee of the Board or any hearing

4-2  officer or member of a hearing panel appointed by the Board is

4-3  immune from personal liability relating to any action taken in good

4-4  faith and within the scope of his authority.

4-5  10.  Upon appointment, new members of the Board must be

4-6  provided with:

4-7  (a) A written summary of their duties and responsibilities as

4-8  members of the Board.

4-9  (b) Training on their duties and responsibilities by the

4-10  Attorney General. This training must include, but is not limited to,

4-11  instruction related to the audit of the Board required pursuant to

4-12  NRS 218.825.

4-13      Sec. 6.  NRS 623A.100 is hereby amended to read as follows:

4-14      623A.100  1.  At each annual meeting of the Board, the

4-15  members shall:

4-16      (a) Elect a President and a Secretary; and

4-17      (b) Appoint an Executive Director.

4-18      2.  The President and the Secretary of the Board serve without

4-19  additional compensation.

4-20      3.  The Executive Director [must] :

4-21      (a) Must not be a member of the Board and [is] must not be the

4-22  spouse, child or parent of:

4-23          (1) A landscape architect or a landscape architect intern; or

4-24          (2) A member or employee of the Board.

4-25      (b) Must possess a level of education or experience, or a

4-26  combination of both, to qualify the person to perform the

4-27  administrative and managerial tasks required of the position.

4-28      (c) Is entitled to a salary fixed by the Board.

4-29      4.  The Executive Director shall:

4-30      (a) Keep an accurate record of all proceedings of the Board;

4-31      (b) Maintain custody of the official seal;

4-32      (c) Maintain a file containing the names and addresses of all

4-33  holders of certificates of registration and certificates to practice as a

4-34  landscape architect intern;

4-35      (d) Submit to the Board each application for a certificate of

4-36  registration or certificate to practice as a landscape architect intern

4-37  that is filed with the Board;

4-38      (e) If a holder of a certificate of registration or certificate to

4-39  practice as a landscape architect intern has violated any provision of

4-40  this chapter, file a complaint with the Attorney General; and

4-41      (f) Perform any other duties assigned to him by the Board.

4-42      Sec. 7.  NRS 623A.120 is hereby amended to read as follows:

4-43      623A.120  1.  The Board may:

5-1  [1.] (a) Employ and fix the compensation for legal counsel,

5-2  inspectors, special agents, investigators and clerical personnel

5-3  necessary to the discharge of its duties; and

5-4  [2.] (b) Reimburse an employee specified in [subsection 1]

5-5  paragraph (a) for any actual expenses incurred by the employee

5-6  while acting on behalf of the Board.

5-7  2.  The Board shall not employ a person or contract with a

5-8  person as an independent contractor if the person is the spouse,

5-9  child or parent of:

5-10      (a) A landscape architect or a landscape architect intern; or

5-11      (b) A member or employee of the Board.

5-12      Sec. 8.  NRS 624.005 is hereby amended to read as follows:

5-13      624.005  The Legislature declares that the provisions of this

5-14  chapter relating to the discipline of licensees are intended to

5-15  promote public confidence and trust in the competence and integrity

5-16  of licensees and to protect the health, safety and welfare of the

5-17  public. For this purpose, the Legislature delegates to the State

5-18  Contractors’ Board the duty of enforcing the provisions of this

5-19  chapter in the interest of the public.

5-20      Sec. 9.  NRS 624.050 is hereby amended to read as follows:

5-21      624.050  1.  Six members of the Board must each:

5-22      (a) At the time of appointment, hold an unexpired license to

5-23  operate as a contractor.

5-24      (b) Be a contractor actively engaged in the contracting business

5-25  and must have been so engaged for not less than 5 years preceding

5-26  the date of his appointment.

5-27      (c) Have been a citizen and resident of the State of Nevada for at

5-28  least 5 years next preceding his appointment.

5-29      2.  One member of the Board must be a representative of the

5-30  general public. This member must not be:

5-31      (a) A licensed contractor; or

5-32      (b) The spouse, child or parent of a licensed contractor.

5-33      3.  Upon appointment, new members of the Board must be

5-34  provided with:

5-35      (a) A written summary of their duties and responsibilities as

5-36  members of the Board.

5-37      (b) Training on their duties and responsibilities by the

5-38  Attorney General. This training must include, but is not limited to,

5-39  instruction related to the audit of the Board required pursuant to

5-40  NRS 218.825.

5-41      Sec. 10.  NRS 624.115 is hereby amended to read as follows:

5-42      624.115  1.  The Board may employ attorneys, investigators

5-43  and other professional consultants and clerical personnel necessary

5-44  to the discharge of its duties.

6-1  2.  The Board may require criminal investigators who are

6-2  employed by the Board pursuant to NRS 624.112 to:

6-3  (a) Conduct a background investigation of a license or an

6-4  applicant for a contractor’s license;

6-5  (b) Locate and identify persons who:

6-6       (1) Engage in the business or act in the capacity of a

6-7  contractor within this state in violation of the provisions of this

6-8  chapter;

6-9       (2) Submit bids on jobs situated within this state in violation

6-10  of the provisions of this chapter; or

6-11          (3) Otherwise violate the provisions of this chapter or the

6-12  regulations adopted pursuant to this chapter; and

6-13      (c) Issue a misdemeanor citation prepared manually or

6-14  electronically pursuant to NRS 171.1773 to a person who violates a

6-15  provision of this chapter that is punishable as a misdemeanor. A

6-16  criminal investigator may request any constable, sheriff or other

6-17  peace officer to assist him in the issuance of such a citation.

6-18      3.  The Board shall not employ a person or contract with a

6-19  person as an independent contractor if the person is the spouse,

6-20  child or parent of:

6-21      (a) A licensed contractor; or

6-22      (b) A member or employee of the Board.

6-23      4.  If the Board employs a person as an Executive Director or

6-24  in a position with powers or duties similar to those of an Executive

6-25  Director, the person must possess a level of education or

6-26  experience, or a combination of both, to qualify the person to

6-27  perform the administrative and managerial tasks required of the

6-28  position.

6-29      Sec. 11.  NRS 625.005 is hereby amended to read as follows:

6-30      625.005  The purpose of this chapter is to safeguard life, health

6-31  and property and to promote the public welfare by providing for the

6-32  licensure of qualified and competent professional engineers and

6-33  professional land surveyors. For this purpose, the Legislature

6-34  delegates to the State Board of Professional Engineers and Land

6-35  Surveyors the duty of enforcing the provisions of this chapter in

6-36  the interest of the public.

6-37      Sec. 12.  NRS 625.100 is hereby amended to read as follows:

6-38      625.100  1.  The Governor shall appoint seven persons, six of

6-39  whom must be engaged in the practice or teaching of professional

6-40  engineering in any of its disciplines except military engineering, and

6-41  one of whom must be engaged in the practice or teaching of land

6-42  surveying. The members must be citizens of the United States and

6-43  residents of this state, and constitute the State Board of Professional

6-44  Engineers and Land Surveyors.

7-1  2.  All appointments made must be from the current roster of

7-2  professional engineers and professional land surveyors as issued by

7-3  the Board and on file in the office of the Secretary of State. Insofar

7-4  as practicable, membership on the Board must be distributed

7-5  proportionately among the recognized disciplines of the profession.

7-6  One of the members who is a professional land surveyor must not be

7-7  licensed as a professional engineer.

7-8  3.  Within 30 days after his appointment, a member shall take

7-9  and subscribe to the oath of office as prescribed by the laws of

7-10  Nevada and shall file the oath with the Secretary of State.

7-11      4.  Upon appointment, new members of the Board must be

7-12  provided with:

7-13      (a) A written summary of their duties and responsibilities as

7-14  members of the Board.

7-15      (b) Training on their duties and responsibilities by the

7-16  Attorney General. This training must include, but is not limited to,

7-17  instruction related to the audit of the Board required pursuant to

7-18  NRS 218.825.

7-19      Sec. 13.  NRS 625.110 is hereby amended to read as follows:

7-20      625.110  1.  The Board shall elect officers from its members

7-21  and, by regulation, establish the:

7-22      (a) Offices to which members may be elected;

7-23      (b) Title and term for each office; and

7-24      (c) Procedure for electing members to each office.

7-25      2.  At any meeting, four members constitute a quorum.

7-26      3.  Each member is entitled to receive:

7-27      (a) A salary of not more than $80 per day, as fixed by the Board,

7-28  while engaged in the business of the Board; and

7-29      (b) A per diem allowance and travel expenses at a rate fixed by

7-30  the board, while engaged in the business of the Board. The rate must

7-31  not exceed the rate provided for state officers and employees

7-32  generally.

7-33      4.  While engaged in the business of the Board, each employee

7-34  of the Board is entitled to receive a per diem allowance and travel

7-35  expenses at a rate fixed by the Board. The rate must not exceed the

7-36  rate provided for state officers and employees generally.

7-37      5.  The salaries of members of the Board and employees of the

7-38  Board must be paid from the fees received by the Board pursuant to

7-39  the provisions of this chapter, and no part of those salaries may be

7-40  paid out of the State General Fund.

7-41      6.  The Board shall appoint an Executive Director who serves at

7-42  the pleasure of the Board and is entitled to receive such

7-43  compensation as may be fixed by the Board. The Executive

7-44  Director:

7-45      (a) Must not be the spouse, child or parent of:

8-1       (1) A professional engineer or a professional land

8-2  surveyor; or

8-3       (2) A member or employee of the Board.

8-4  (b) Must possess a level of education or experience, or a

8-5  combination of both, to qualify the person to perform the

8-6  administrative and managerial tasks required of the position.

8-7  Sec. 14.  NRS 625.135 is hereby amended to read as follows:

8-8  625.135  1.  The Board may employ and fix the compensation

8-9  to be paid to attorneys, investigators and other professional

8-10  consultants and clerical personnel necessary to the discharge of its

8-11  duties and may reimburse such employees for actual expenses they

8-12  incur while acting on behalf of the Board.

8-13      2.  The Board shall not employ a person or contract with a

8-14  person as an independent contractor if the person is the spouse,

8-15  child or parent of:

8-16      (a) A professional engineer or a professional land surveyor; or

8-17      (b) A member or employee of the Board.

8-18      Sec. 15.  NRS 625A.010 is hereby amended to read as follows:

8-19      625A.010  The purpose of registering environmental health

8-20  specialists is to protect the public health and safety and the general

8-21  welfare of the people of this state. Any certificate issued pursuant to

8-22  this chapter is a revocable privilege and no holder of such a

8-23  certificate acquires thereby any vested right. For this purpose, the

8-24  Legislature delegates to the Board of Registered Environmental

8-25  Health Specialists the duty of enforcing the provisions of this

8-26  chapter in the interest of the public.

8-27      Sec. 16.  NRS 625A.030 is hereby amended to read as follows:

8-28      625A.030  1.  There is hereby created the Board of Registered

8-29  Environmental Health Specialists, consisting of the State Health

8-30  Officer or his designated representative and four members appointed

8-31  by the Governor.

8-32      2.  After the initial terms, each member appointed by the

8-33  Governor must be appointed for a term of 3 years.

8-34      3.  Of the members of the Board appointed by the Governor

8-35  after his initial appointments[, two] :

8-36      (a) Two must represent the general public . [and two] These

8-37  members must not be:

8-38          (1) An environmental health specialist; or

8-39          (2) A spouse, child or parent of an environmental health

8-40  specialist.

8-41      (b) Two must be environmental health specialists, one employed

8-42  by the health district containing Washoe County and one employed

8-43  by the health district containing Clark County.

9-1  4.  The Governor may, after notice and hearing, remove any

9-2  member of the Board for misconduct in office, incompetency,

9-3  neglect of duty or other sufficient cause.

9-4  5.  The Board shall elect from its members who are not

9-5  employees of the State a Chairman and a Secretary. The Chairman

9-6  must be elected annually on July 1. The Secretary continues in

9-7  office at the pleasure of the Board.

9-8  6.  Upon appointment, new members of the Board must be

9-9  provided with:

9-10      (a) A written summary of their duties and responsibilities as

9-11  members of the Board.

9-12      (b) Training on their duties and responsibilities by the

9-13  Attorney General. This training must include, but is not limited to,

9-14  instruction related to the audit of the Board required pursuant to

9-15  NRS 218.825.

9-16      Sec. 17.  NRS 625A.050 is hereby amended to read as follows:

9-17      625A.050  1.  The Secretary of the Board is entitled to receive:

9-18      (a) A salary in an amount fixed by the Board; and

9-19      (b) A per diem allowance and travel expenses at a rate fixed by

9-20  the Board, while engaged in the business of the Board. The rate

9-21  must not exceed the rate provided for state officers and employees

9-22  generally.

9-23      2.  All other members of the Board are entitled to receive:

9-24      (a) A salary of not more than $80 per day, as fixed by the Board,

9-25  while engaged in the business of the Board; and

9-26      (b) A per diem allowance and travel expenses at a rate fixed by

9-27  the Board, while engaged in the business of the Board. The rate

9-28  must not exceed the rate provided for state officers and employees

9-29  generally.

9-30      3.  While engaged in the business of the Board, each employee

9-31  of the Board is entitled to receive a per diem allowance and travel

9-32  expenses at a rate fixed by the Board. The rate must not exceed the

9-33  rate provided for state officers and employees generally.

9-34      4.  The Board shall not employ a person or contract with a

9-35  person as an independent contractor if the person is the spouse,

9-36  child or parent of:

9-37      (a) An environmental health specialist; or

9-38      (b) A member or employee of the Board.

9-39      5.  If the Board employs a person as an Executive Director or

9-40  in a position with powers or duties similar to those of an Executive

9-41  Director, the person must possess a level of education or

9-42  experience, or a combination of both, to qualify the person to

9-43  perform the administrative and managerial tasks required of the

9-44  position.

 

10-1      Sec. 18.  NRS 628.002 is hereby amended to read as follows:

10-2      628.002  1.  It is the policy of this state, and the purpose of

10-3  this chapter:

10-4      [1.] (a) To provide for the dependability of information which

10-5  is used for guidance in financial transactions or for accounting for

10-6  and assessing the status or performance of public and private

10-7  entities; and

10-8      [2.] (b) To protect the interest of the public by requiring that

10-9  persons who are engaged in the practice of public accounting be

10-10  qualified, so that the auditing, examining, reviewing and compiling

10-11  of financial statements and the issuing of reports, opinions and

10-12  assurances relating to those statements are reserved to persons who

10-13  have demonstrated ability and fitness to observe and apply the

10-14  standards of the profession of accounting.

10-15     2.  For these purposes, the Legislature delegates to the

10-16  Nevada State Board of Accountancy the duty of enforcing the

10-17  provisions of this chapter in the interest of the public.

10-18     Sec. 19.  NRS 628.045 is hereby amended to read as follows:

10-19     628.045  1.  Except as otherwise provided in subsection 2, the

10-20  Governor shall appoint to the Board six members who are certified

10-21  public accountants in the State of Nevada and one member who is a

10-22  registered public accountant in the State of Nevada. Of the six

10-23  members who are certified public accountants:

10-24     (a) One member must be employed by the government or by

10-25  private industry; and

10-26     (b) Five members must be engaged in the practice of public

10-27  accounting.

10-28     2.  Whenever the total number of registered public accountants

10-29  who practice is 10 or fewer, the Board must consist of six members

10-30  who are certified public accountants and the member who is a

10-31  registered public accountant until his term of office expires.

10-32  Thereafter, the Board must consist of [six] :

10-33     (a) Six members who are certified public accountants, one of

10-34  whom must be employed by the government or by private industry .

10-35  [, and one]

10-36     (b) One member who represents the public. This member must

10-37  not be:

10-38         (1) A certified public accountant, a public accountant or a

10-39  registered public accountant; or

10-40         (2) The spouse, child or parent of a certified public

10-41  accountant, a public accountant or a registered public accountant.

10-42     3.  No person may be appointed to the Board unless he is:

10-43     (a) Engaged in active practice as a certified public accountant or

10-44  registered public accountant and holds a live permit to practice

11-1  public accounting in this state, or is appointed as the member who

11-2  represents the public.

11-3      (b) A resident of the State of Nevada.

11-4      4.  Upon appointment, new members of the Board must be

11-5  provided with:

11-6      (a) A written summary of their duties and responsibilities as

11-7  members of the Board.

11-8      (b) Training on their duties and responsibilities by the

11-9  Attorney General. This training must include, but is not limited to,

11-10  instruction related to the audit of the Board required pursuant to

11-11  NRS 218.825.

11-12     Sec. 20.  NRS 628.090 is hereby amended to read as follows:

11-13     628.090  1.  Annually the Board shall elect a President and a

11-14  Secretary-Treasurer from among its members.

11-15     2.  The Board may employ such personnel, including attorneys,

11-16  investigators and other professional consultants, and arrange for

11-17  such assistance as the Board may require for the performance of its

11-18  duties.

11-19     3.  The Board shall not employ a person or contract with a

11-20  person as an independent contractor if the person is the spouse,

11-21  child or parent of:

11-22     (a) A certified public accountant, a public accountant or a

11-23  registered public accountant; or

11-24     (b) A member or employee of the Board.

11-25     4.  If the Board employs a person as an Executive Director or

11-26  in a position with powers or duties similar to those of an Executive

11-27  Director, the person must possess a level of education or

11-28  experience, or a combination of both, to qualify the person to

11-29  perform the administrative and managerial tasks required of the

11-30  position.

11-31     Sec. 21.  NRS 630.003 is hereby amended to read as follows:

11-32     630.003  The Legislature finds and declares that it is among the

11-33  responsibilities of State Government to ensure, as far as possible,

11-34  that only competent persons practice medicine and respiratory care

11-35  within this state. For this purpose, the Legislature delegates to the

11-36  Board of Medical Examiners the duty of enforcing the provisions of

11-37  this chapter in the interest of the public, including, but not limited

11-38  to, the duty of determining the initial and continuing competence of

11-39  doctors of medicine, physician assistants and practitioners of

11-40  respiratory care in this state. The powers conferred upon the Board

11-41  by this chapter must be liberally construed to carry out this purpose.

11-42     Sec. 22.  NRS 630.060 is hereby amended to read as follows:

11-43     630.060  1.  [Six] Five members of the Board must be persons

11-44  who are licensed to practice medicine in this state, are actually

11-45  engaged in the practice of medicine in this state and have resided

12-1  and practiced medicine in this state for at least 5 years preceding

12-2  their respective appointments.

12-3      2.  One member of the Board must be a person who has

12-4  resided in this state for at least 5 years and who represents the

12-5  interests of persons or agencies that regularly provide health care

12-6  to patients who are indigent, uninsured or unable to afford health

12-7  care.

12-8      3.  The remaining three members of the Board must be persons

12-9  who have resided in this state for at least 5 years and who:

12-10     (a) Are not licensed in any state to practice any healing art;

12-11     (b) Are not the spouse, child or parent of a person licensed in

12-12  any state to practice any healing art;

12-13     (c) Are not actively engaged in the administration of any facility

12-14  for the dependent as defined in chapter 449 of NRS, medical facility

12-15  or medical school; and

12-16     [(c)] (d) Do not have a pecuniary interest in any matter

12-17  pertaining to the healing arts, except as a patient or potential patient.

12-18     [3.] 4.  The members of the Board must be selected without

12-19  regard to their individual political beliefs.

12-20     [4.] 5.  The Board shall conduct training programs to assist

12-21  new members of the Board in the performance of their duties. In

12-22  addition to the training provided by the Board, upon appointment,

12-23  new members of the Board must be provided with:

12-24     (a) A written summary of their duties and responsibilities as

12-25  members of the Board.

12-26     (b) Training on their duties and responsibilities by the

12-27  Attorney General. This training must include, but is not limited to,

12-28  instruction related to the audit of the Board required pursuant to

12-29  NRS 218.825.

12-30     Sec. 23.  NRS 630.125 is hereby amended to read as follows:

12-31     630.125  1.  The Board may:

12-32     [1.] (a) Maintain offices in as many localities in the State as it

12-33  finds necessary to carry out the provisions of this chapter.

12-34     [2.] (b) Employ hearing officers, experts, administrators,

12-35  attorneys, investigators, consultants and clerical personnel necessary

12-36  to the discharge of its duties.

12-37     2.  The Board shall not employ a person or contract with a

12-38  person as an independent contractor if the person is the spouse,

12-39  child or parent of:

12-40     (a) A physician, a physician assistant or a practitioner of

12-41  respiratory care; or

12-42     (b) A member or employee of the Board.

12-43     3.  If the Board employs a person as an Executive Director or

12-44  in a position with powers or duties similar to those of an Executive

12-45  Director, the person must possess a level of education or

13-1  experience, or a combination of both, to qualify the person to

13-2  perform the administrative and managerial tasks required of the

13-3  position.

13-4      Sec. 24.  Chapter 630A of NRS is hereby amended by adding

13-5  thereto a new section to read as follows:

13-6      The Legislature finds and declares that it is among the

13-7  responsibilities of State Government to ensure, as far as possible,

13-8  that only competent persons practice homeopathic medicine within

13-9  this state. For this purpose, the Legislature delegates to the Board

13-10  of Homeopathic Medical Examiners the duty of enforcing the

13-11  provisions of this chapter in the interest of the public.

13-12     Sec. 25.  NRS 630A.110 is hereby amended to read as follows:

13-13     630A.110  1.  [Four] Three members of the Board must be

13-14  persons who are licensed to practice allopathic or osteopathic

13-15  medicine in any state or country, the District of Columbia or a

13-16  territory or possession of the United States, have been engaged in

13-17  the practice of homeopathic medicine in this state for a period of

13-18  more than 2 years preceding their respective appointments, are

13-19  actually engaged in the practice of homeopathic medicine in this

13-20  state and are residents of the State.

13-21     2.  One member of the Board must be a person who has

13-22  resided in this state for at least 5 years and who represents the

13-23  interests of persons or agencies that regularly provide health care

13-24  to patients who are indigent, uninsured or unable to afford health

13-25  care.

13-26     3.  The remaining three members of the Board must be persons

13-27  who:

13-28     (a) Are not licensed in any state to practice any healing art;

13-29     (b) Are not the spouse, child or parent of a person licensed in

13-30  any state to practice any healing art;

13-31     (c) Are not actively engaged in the administration of any

13-32  medical facility or facility for the dependent as defined in chapter

13-33  449 of NRS;

13-34     [(c)] (d) Do not have a pecuniary interest in any matter

13-35  pertaining to such a facility, except as a patient or potential patient;

13-36  and

13-37     [(d)] (e) Have resided in this state for at least 5 years.

13-38     [3.] 4. The members of the Board must be selected without

13-39  regard to their individual political beliefs.

13-40     [4.] 5.  Upon appointment, new members of the Board must be

13-41  provided with:

13-42     (a) A written summary of their duties and responsibilities as

13-43  members of the Board.

13-44     (b) Training on their duties and responsibilities by the

13-45  Attorney General. This training must include, but is not limited to,

14-1  instruction related to the audit of the Board required pursuant to

14-2  NRS 218.825.

14-3      6.   As used in this section, “healing art” means any system,

14-4  treatment, operation, diagnosis, prescription or practice for the

14-5  ascertainment, cure, relief, palliation, adjustment or correction of

14-6  any human disease, ailment, deformity, injury, or unhealthy or

14-7  abnormal physical or mental condition for the practice of which

14-8  long periods of specialized education and training and a degree of

14-9  specialized knowledge of an intellectual as well as physical nature

14-10  are required.

14-11     Sec. 26.  NRS 630A.190 is hereby amended to read as follows:

14-12     630A.190  1.  The Board may:

14-13     [1.] (a) Maintain offices in as many localities in the State as it

14-14  finds necessary to carry out the provisions of this chapter.

14-15     [2.] (b) Employ attorneys, investigators, hearing officers,

14-16  experts, administrators, consultants and clerical personnel necessary

14-17  to the discharge of its duties.

14-18     2.  The Board shall not employ a person or contract with a

14-19  person as an independent contractor if the person is the spouse,

14-20  child or parent of:

14-21     (a) A homeopathic physician, a homeopathic assistant or an

14-22  advanced practitioner of homeopathy; or

14-23     (b) A member or employee of the Board.

14-24     3.  If the Board employs a person as an Executive Director or

14-25  in a position with powers or duties similar to those of an Executive

14-26  Director, the person must possess a level of education or

14-27  experience, or a combination of both, to qualify the person to

14-28  perform the administrative and managerial tasks required of the

14-29  position.

14-30     Sec. 27.  Chapter 631 of NRS is hereby amended by adding

14-31  thereto a new section to read as follows:

14-32     The Legislature finds and declares that it is among the

14-33  responsibilities of State Government to ensure, as far as possible,

14-34  that only competent persons practice dentistry within this state.

14-35  For this purpose, the Legislature delegates to the Board of Dental

14-36  Examiners of Nevada the duty of enforcing the provisions of this

14-37  chapter in the interest of the public.

14-38     Sec. 28.  NRS 631.130 is hereby amended to read as follows:

14-39     631.130  1.  The Governor shall appoint:

14-40     (a) [Seven] Six members who are graduates of accredited dental

14-41  schools or colleges, are residents of Nevada and have ethically

14-42  engaged in the practice of dentistry in Nevada for a period of 5

14-43  years.

14-44     (b) One member who has resided in Nevada for at least 5 years

14-45  and who represents the interests of persons or agencies that

15-1  regularly provide health care to patients who are indigent,

15-2  uninsured or unable to afford health care.

15-3      (c) Two members who:

15-4          (1) Are graduates of accredited schools or colleges of dental

15-5  hygiene;

15-6          (2) Are residents of Nevada; and

15-7          (3) Have been actively engaged in the practice of dental

15-8  hygiene in Nevada for a period of at least 5 years before their

15-9  appointment to the Board.

15-10     [(c)] (d) One member who is a representative of the general

15-11  public. This member must not be:

15-12         (1) A dentist or a dental hygienist; or

15-13         (2) The spouse, child or parent of a dentist or a dental

15-14  hygienist.

15-15     2.  The members who are dental hygienists may vote on all

15-16  matters but may not participate in examinations for the licensing of

15-17  dentists.

15-18     3.  The member who is a representative of the general public

15-19  must not participate in grading any examination required by the

15-20  Board.

15-21     4.  Upon appointment, new members of the Board must be

15-22  provided with:

15-23     (a) A written summary of their duties and responsibilities as

15-24  members of the Board.

15-25     (b) Training on their duties and responsibilities by the

15-26  Attorney General. This training must include, but is not limited to,

15-27  instruction related to the audit of the Board required pursuant to

15-28  NRS 218.825.

15-29     Sec. 29.  NRS 631.140 is hereby amended to read as follows:

15-30     631.140  1.  The [seven] six members of the Board who are

15-31  dentists , the member of the Board who represents the interests of

15-32  persons or agencies that regularly provide health care to patients

15-33  who are indigent, uninsured or unable to afford health care, and

15-34  the member of the Board who is a representative of the general

15-35  public must be appointed from areas of the State as follows:

15-36     (a) Three of those members must be from Carson City, Douglas

15-37  County or Washoe County.

15-38     (b) Four of those members must be from Clark County.

15-39     (c) One of those members may be from any county of the State.

15-40     2.  One of the two members of the Board who are dental

15-41  hygienists must be appointed from Clark County , [;] the other must

15-42  be appointed from some other county of the State.

15-43     Sec. 30.  NRS 631.160 is hereby amended to read as follows:

15-44     631.160  1.  At the first regular meeting of each year, the

15-45  Board shall elect from its membership one of its members as

16-1  President and one of its members as Secretary-Treasurer, each of

16-2  whom shall hold office for 1 year and until his successor is elected

16-3  and qualified.

16-4      2.  The Board shall define the duties of the President, the

16-5  Secretary-Treasurer and the Executive Director.

16-6      3.  The Executive Director [shall] is entitled to receive such

16-7  compensation as determined by the Board, and the Board shall fix

16-8  the amount of the bond to be furnished by the Secretary-Treasurer

16-9  and the Executive Director.

16-10     4.  The Executive Director:

16-11     (a) Must not be the spouse, child or parent of:

16-12         (1) A dentist or a dental hygienist; or

16-13         (2) A member or employee of the Board.

16-14     (b) Must possess a level of education or experience, or a

16-15  combination of both, to qualify the person to perform the

16-16  administrative and managerial tasks required of the position.

16-17     Sec. 31.  NRS 631.190 is hereby amended to read as follows:

16-18     631.190  1.  In addition to the powers and duties provided in

16-19  this chapter, the Board shall:

16-20     [1.] (a) Adopt rules and regulations necessary to carry out the

16-21  provisions of this chapter.

16-22     [2.] (b) Appoint such committees, examiners, officers,

16-23  employees, agents, attorneys, investigators and other professional

16-24  consultants and define their duties and incur such expense as it may

16-25  deem proper or necessary to carry out the provisions of this chapter,

16-26  the expense to be paid as provided in this chapter.

16-27     [3.] (c) Fix the time and place for and conduct examinations for

16-28  the granting of licenses to practice dentistry and dental hygiene.

16-29     [4.] (d) Examine applicants for licenses to practice dentistry and

16-30  dental hygiene.

16-31     [5.] (e) Collect and apply fees as provided in this chapter.

16-32     [6.] (f) Keep a register of all dentists and dental hygienists

16-33  licensed in this state, together with their addresses, license numbers

16-34  and renewal certificate numbers.

16-35     [7.] (g) Have and use a common seal.

16-36     [8.] (h) Keep such records as may be necessary to report the

16-37  acts and proceedings of the Board. Except as otherwise provided in

16-38  NRS 631.368, the records must be open to public inspection.

16-39     [9.] (i) Maintain offices in as many localities in the State as it

16-40  finds necessary to carry out the provisions of this chapter.

16-41     [10.] (j) Have discretion to examine work authorizations in

16-42  dental offices or dental laboratories.

16-43     2.  The Board shall not employ a person or contract with a

16-44  person as an independent contractor if the person is the spouse,

16-45  child or parent of:

17-1      (a) A dentist or a dental hygienist; or

17-2      (b) A member or employee of the Board.

17-3      Sec. 32.  NRS 632.005 is hereby amended to read as follows:

17-4      632.005  The Legislature hereby declares that the practice of

17-5  nursing is a learned profession affecting the safety, health and

17-6  welfare of the public and is subject to regulation to protect the

17-7  public from the practice of nursing by unqualified and unlicensed

17-8  persons and from unprofessional conduct by persons licensed to

17-9  practice nursing. The Legislature further declares that the purpose of

17-10  the State Board of Nursing is to regulate the practice of nursing and

17-11  to enforce the provisions of this chapter[.] in the interest of the

17-12  public.

17-13     Sec. 33.  NRS 632.030 is hereby amended to read as follows:

17-14     632.030  1.  The Governor shall appoint:

17-15     (a) [Four] Three registered nurses who are graduates of an

17-16  accredited school of nursing, are licensed as professional nurses in

17-17  the State of Nevada and have been actively engaged in nursing for at

17-18  least 5 years preceding the appointment.

17-19     (b) One practical nurse who is a graduate of an accredited school

17-20  of practical nursing, is licensed as a practical nurse in this state and

17-21  has been actively engaged in nursing for at least 5 years preceding

17-22  the appointment.

17-23     (c) One nursing assistant who is certified pursuant to the

17-24  provisions of this chapter.

17-25     (d) One member who represents the interests of persons or

17-26  agencies that regularly provide health care to patients who are

17-27  indigent, uninsured or unable to afford health care.

17-28     (e) One member who is a representative of the general public.

17-29  This member must not be:

17-30         (1) A licensed practical nurse, a registered nurse, a nursing

17-31  assistant or an advanced practitioner of nursing; or

17-32         (2) The spouse, child or parent of a licensed practical

17-33  nurse, a registered nurse, a nursing assistant or an advanced

17-34  practitioner of nursing.

17-35     2.  Each member of the Board must be:

17-36     (a) A citizen of the United States; and

17-37     (b) A resident of the State of Nevada who has resided in this

17-38  state for not less than 2 years.

17-39     3.  A representative of the general public may not:

17-40     (a) Have a fiduciary obligation to a hospital or other health

17-41  agency;

17-42     (b) Have a material financial interest in the rendering of health

17-43  services; or

17-44     (c) Be employed in the administration of health activities or the

17-45  performance of health services.

18-1      4.  The members appointed to the Board pursuant to paragraphs

18-2  (a) and (b) of subsection 1 must be selected to provide the broadest

18-3  representation of the various activities, responsibilities and types of

18-4  service within the practice of nursing and related areas, which may

18-5  include, without limitation, experience:

18-6      (a) In administration.

18-7      (b) In education.

18-8      (c) As an advanced practitioner of nursing.

18-9      (d) In an agency or clinic whose primary purpose is to provide

18-10  medical assistance to persons of low and moderate incomes.

18-11     (e) In a licensed medical facility.

18-12     5.  Each member of the Board shall serve a term of 4 years. If a

18-13  vacancy occurs during a member’s term, the Governor shall appoint

18-14  a person qualified under this section to replace that member for the

18-15  remainder of the unexpired term.

18-16     6.  No member of the Board may serve more than two

18-17  consecutive terms. For the purposes of this subsection, service of 2

18-18  or more years in filling an unexpired term constitutes a term.

18-19     7.  Upon appointment, new members of the Board must be

18-20  provided with:

18-21     (a) A written summary of their duties and responsibilities as

18-22  members of the Board.

18-23     (b) Training on their duties and responsibilities by the

18-24  Attorney General. This training must include, but is not limited to,

18-25  instruction related to the audit of the Board required pursuant to

18-26  NRS 218.825.

18-27     Sec. 34.  NRS 632.060 is hereby amended to read as follows:

18-28     632.060  1.  Each year at a meeting of the Board, to be held in

18-29  accordance with NRS 632.070, the Board shall elect from its

18-30  members a President, a Vice President and a Secretary.

18-31     2.  The Board may appoint an Executive Director who [need]

18-32  must not be a member of the Board.

18-33     3.  The Executive Director appointed by the Board [must] :

18-34     (a) Must be a professional nurse licensed to practice nursing in

18-35  the State of Nevada.

18-36     (b) Must not be the spouse, child or parent of:

18-37         (1) A licensed practical nurse, a registered nurse, a nursing

18-38  assistant or an advanced practitioner of nursing; or

18-39         (2) A member or employee of the Board.

18-40     (c) Must possess a level of education or experience, or a

18-41  combination of both, to qualify the person to perform the

18-42  administrative and managerial tasks required of the position.

18-43     4.  The Executive Director shall perform such duties as the

18-44  Board may direct and is entitled to receive compensation as set by

18-45  the Board. The Executive Director is entitled to receive a per diem

19-1  allowance and travel expenses at a rate fixed by the Board, while

19-2  engaged in the business of the Board. The rate must not exceed the

19-3  rate provided for state officers and employees generally.

19-4      Sec. 35.  NRS 632.065 is hereby amended to read as follows:

19-5      632.065  1.  The Board may:

19-6      [1.] (a) Maintain offices in as many localities in the State as it

19-7  finds necessary to carry out the provisions of this chapter.

19-8      [2.] (b) Employ attorneys, investigators and other professional

19-9  consultants and clerical personnel necessary to the discharge of its

19-10  duties.

19-11     2.  The Board shall not employ a person or contract with a

19-12  person as an independent contractor if the person is the spouse,

19-13  child or parent of:

19-14     (a) A licensed practical nurse, a registered nurse, a nursing

19-15  assistant or an advanced practitioner of nursing; or

19-16     (b) A member or employee of the Board.

19-17     Sec. 36.  Chapter 633 of NRS is hereby amended by adding

19-18  thereto a new section to read as follows:

19-19     The Legislature finds and declares that it is among the

19-20  responsibilities of State Government to ensure, as far as possible,

19-21  that only competent persons practice osteopathic medicine within

19-22  this state. For this purpose, the Legislature delegates to the State

19-23  Board of Osteopathic Medicine the duty of enforcing the

19-24  provisions of this chapter in the interest of the public.

19-25     Sec. 37.  NRS 633.191 is hereby amended to read as follows:

19-26     633.191  1.  [Four] Three members of the Board must:

19-27     (a) Be licensed under this chapter;

19-28     (b) Be actually engaged in the practice of osteopathic medicine

19-29  in this state; and

19-30     (c) Have been so engaged in this state for a period of more than

19-31  5 years preceding their appointment.

19-32     2.  One member of the Board must be a resident of the State of

19-33  Nevada and must represent the interests of persons or agencies

19-34  that regularly provide health care to patients who are indigent,

19-35  uninsured or unable to afford health care.

19-36     3.  The remaining member of the Board must be a resident of

19-37  the State of Nevada[:] who is:

19-38     (a) Not licensed in any state to practice any healing art; [and]

19-39     (b) Not the spouse, child or parent of a person licensed in any

19-40  state to practice any healing art; and

19-41     (c) Not actively engaged in the administration of any medical

19-42  facility or facility for the dependent as defined in chapter 449 of

19-43  NRS.

19-44     4.  Upon appointment, new members of the Board must be

19-45  provided with:

20-1      (a) A written summary of their duties and responsibilities as

20-2  members of the Board.

20-3      (b) Training on their duties and responsibilities by the

20-4  Attorney General. This training must include, but is not limited to,

20-5  instruction related to the audit of the Board required pursuant to

20-6  NRS 218.825.

20-7      Sec. 38.  NRS 633.271 is hereby amended to read as follows:

20-8      633.271  1.  The Board may:

20-9      [1.] (a) Appoint an Executive Director who is entitled to such

20-10  compensation as determined by the Board.

20-11     [2.] (b) Maintain offices in as many localities in the State as it

20-12  finds necessary to carry out the provisions of this chapter.

20-13     [3.] (c) Employ attorneys, investigators and other professional

20-14  consultants and clerical personnel necessary to the discharge of its

20-15  duties.

20-16     2.  The Board shall not employ a person or contract with a

20-17  person as an independent contractor if the person is the spouse,

20-18  child or parent of:

20-19     (a) An osteopathic physician or an osteopathic physician’s

20-20  assistant; or

20-21     (b) A member or employee of the Board.

20-22     3.  If the Board employs a person as an Executive Director or

20-23  in a position with powers or duties similar to those of an Executive

20-24  Director, the person must possess a level of education or

20-25  experience, or a combination of both, to qualify the person to

20-26  perform the administrative and managerial tasks required of the

20-27  position.

20-28     Sec. 39.  NRS 634.019 is hereby amended to read as follows:

20-29     634.019  The practice of chiropractic is hereby declared to be a

20-30  learned profession, affecting public safety and welfare and charged

20-31  with the public interest, and therefore subject to protection and

20-32  regulation by the State. For this purpose, the Legislature delegates

20-33  to the Chiropractic Physicians’ Board of Nevada the duty of

20-34  enforcing the provisions of this chapter in the interest of the

20-35  public.

20-36     Sec. 40.  NRS 634.020 is hereby amended to read as follows:

20-37     634.020  1.  The Chiropractic Physicians’ Board of Nevada,

20-38  consisting of six members appointed by the Governor, is hereby

20-39  created.

20-40     2.  The Governor shall appoint:

20-41     (a) [Five] Four members who are:

20-42         (1) Graduates of chiropractic schools or colleges giving a

20-43  course of study embracing the following subjects: Anatomy,

20-44  bacteriology, chiropractic theory and practice, diagnosis or analysis,

20-45  elementary chemistry and toxicology, histology, hygiene and

21-1  sanitation, obstetrics and gynecology, pathology, physiology and

21-2  symptomatology;

21-3          (2) Licensed under this chapter; and

21-4          (3) Actually engaged in the practice of chiropractic in this

21-5  state and who have been so engaged in this state for at least 3 years

21-6  preceding their appointment.

21-7      (b) One member who represents the interests of persons or

21-8  agencies that regularly provide health care to patients who are

21-9  indigent, uninsured or unable to afford health care.

21-10     (c) One member who is a representative of the general public.

21-11  This member must not be:

21-12         (1) A chiropractor or a chiropractor’s assistant; or

21-13         (2) The spouse, child or parent of a chiropractor or a

21-14  chiropractor’s assistant.

21-15     3.  At least two of the appointees must have had a course in

21-16  physiotherapy in a school or college of chiropractic. Not more than

21-17  two persons who are resident graduates of the same school or

21-18  college of chiropractic may serve simultaneously as members of the

21-19  Board.

21-20     4.  The member who is a representative of the general public

21-21  shall not participate in preparing any examination required by the

21-22  Board.

21-23     5.  Upon appointment, new members of the Board must be

21-24  provided with:

21-25     (a) A written summary of their duties and responsibilities as

21-26  members of the Board.

21-27     (b) Training on their duties and responsibilities by the

21-28  Attorney General. This training must include, but is not limited to,

21-29  instruction related to the audit of the Board required pursuant to

21-30  NRS 218.825.

21-31     Sec. 41.  NRS 634.043 is hereby amended to read as follows:

21-32     634.043  1.  The Board shall appoint an Executive Director

21-33  who serves at the pleasure of the Board and is entitled to receive

21-34  such compensation as may be fixed by the Board. The Executive

21-35  Director:

21-36     (a) Must not be the spouse, child or parent of:

21-37         (1) A chiropractor or a chiropractor’s assistant; or

21-38         (2) A member or employee of the Board.

21-39     (b) Must possess a level of education or experience, or a

21-40  combination of both, to qualify the person to perform the

21-41  administrative and managerial tasks required of the position.

21-42     2.  The Board may:

21-43     (a) Maintain offices in as many localities in the State as it finds

21-44  necessary to carry out the provisions of this chapter.

22-1      (b) Employ attorneys, investigators and other professional

22-2  consultants and clerical personnel necessary to the discharge of its

22-3  duties.

22-4      (c) Enter and inspect any chiropractic office in this state in order

22-5  to enforce the provisions of this chapter.

22-6      3.  The Board shall not employ a person or contract with a

22-7  person as an independent contractor if the person is the spouse,

22-8  child or parent of:

22-9      (a) A chiropractor or a chiropractor’s assistant; or

22-10     (b) A member or employee of the Board.

22-11     Sec. 42.  NRS 634A.010 is hereby amended to read as follows:

22-12     634A.010  The practice of Oriental medicine and any branch

22-13  thereof is hereby declared to be a learned profession, affecting

22-14  public safety and welfare and charged with the public interest, and

22-15  therefore subject to protection and regulation by the State. For this

22-16  purpose, the Legislature delegates to the State Board of Oriental

22-17  Medicine the duty of enforcing the provisions of this chapter in

22-18  the interest of the public.

22-19     Sec. 43.  NRS 634A.030 is hereby amended to read as follows:

22-20     634A.030  1.  The State Board of Oriental Medicine,

22-21  consisting of five members appointed by the Governor, is hereby

22-22  created.

22-23     2.  The Governor shall appoint to the Board:

22-24     (a) [Three] Two members who are licensed pursuant to this

22-25  chapter.

22-26     (b) One member who represents the interests of persons or

22-27  agencies that regularly provide health care to patients who are

22-28  indigent, uninsured or unable to afford health care.

22-29     (c) Two members who are representatives of the general public.

22-30  These members must not be:

22-31         (1) A doctor of Oriental medicine; or

22-32         (2) A spouse, child or parent of a doctor of Oriental

22-33  medicine.

22-34     3.  Each member of the Board shall, before entering upon the

22-35  duties of his office, take the oath of office prescribed by the

22-36  Constitution before someone qualified to administer oaths.

22-37     4.  Upon appointment, new members of the Board must be

22-38  provided with:

22-39     (a) A written summary of their duties and responsibilities as

22-40  members of the Board.

22-41     (b) Training on their duties and responsibilities by the

22-42  Attorney General. This training must include, but is not limited to,

22-43  instruction related to the audit of the Board required pursuant to

22-44  NRS 218.825.

 

23-1      Sec. 44.  NRS 634A.070 is hereby amended to read as follows:

23-2      634A.070  1.  The Board may:

23-3      [1.] (a) Employ attorneys, investigators and other professional

23-4  consultants and clerical personnel necessary to discharge its duties.

23-5  To conduct its examinations, the Board may call to its aid persons of

23-6  established reputation and known ability in Oriental medicine.

23-7      [2.] (b) Maintain offices in as many localities in the State as it

23-8  finds necessary to carry out the provisions of this chapter.

23-9      [3.] (c) Adopt regulations not inconsistent with the provisions

23-10  of this chapter. The regulations may include a code of ethics

23-11  regulating the professional conduct of licensees.

23-12     [4.] (d) Compel the attendance of witnesses and the production

23-13  of evidence by subpoena.

23-14     2.  The Board shall not employ a person or contract with a

23-15  person as an independent contractor if the person is the spouse,

23-16  child or parent of:

23-17     (a) A doctor of Oriental medicine; or

23-18     (b) A member or employee of the Board.

23-19     3.  If the Board employs a person as an Executive Director or

23-20  in a position with powers or duties similar to those of an Executive

23-21  Director, the person must possess a level of education or

23-22  experience, or a combination of both, to qualify the person to

23-23  perform the administrative and managerial tasks required of the

23-24  position.

23-25     Sec. 45.  Chapter 635 of NRS is hereby amended by adding

23-26  thereto a new section to read as follows:

23-27     The practice of podiatry is hereby declared to be a learned

23-28  profession, affecting public safety and welfare and charged with

23-29  the public interest, and therefore subject to protection and

23-30  regulation by the State. For this purpose, the Legislature delegates

23-31  to the State Board of Podiatry the duty of enforcing the provisions

23-32  of this chapter in the interest of the public.

23-33     Sec. 46.  NRS 635.020 is hereby amended to read as follows:

23-34     635.020  1.  The State Board of Podiatry, consisting of five

23-35  members appointed by the Governor, is hereby created.

23-36     2.  The Governor shall appoint:

23-37     (a) [Four] Three members who are licensed podiatric physicians

23-38  in the State of Nevada.

23-39     (b) One member who represents the interests of persons or

23-40  agencies that regularly provide health care to patients who are

23-41  indigent, uninsured or unable to afford health care.

23-42     (c) One member who is a representative of the general public.

23-43  This member must not be:

23-44         (1) A licensed podiatric physician in the State of Nevada; or

24-1          (2) A spouse, child or parent of a licensed podiatric

24-2  physician in the State of Nevada.

24-3      3.  The members of the Board are entitled to receive:

24-4      (a) A salary of not more than $80 per day, as fixed by the Board,

24-5  while engaged in the business of the Board; and

24-6      (b) A per diem allowance and travel expenses at a rate fixed by

24-7  the Board, while engaged in the business of the Board. The rate

24-8  must not exceed the rate provided for state officers and employees

24-9  generally.

24-10     4.  While engaged in the business of the Board, each employee

24-11  of the Board is entitled to receive a per diem allowance and travel

24-12  expenses at a rate fixed by the Board. The rate must not exceed the

24-13  rate provided for state officers and employees generally.

24-14     5.  The member who is a representative of the general public

24-15  shall not participate in preparing, conducting or grading any

24-16  examination required by the Board.

24-17     6.  Upon appointment, new members of the Board must be

24-18  provided with:

24-19     (a) A written summary of their duties and responsibilities as

24-20  members of the Board.

24-21     (b) Training on their duties and responsibilities by the

24-22  Attorney General. This training must include, but is not limited to,

24-23  instruction related to the audit of the Board required pursuant to

24-24  NRS 218.825.

24-25     Sec. 47.  NRS 635.035 is hereby amended to read as follows:

24-26     635.035  1.  The Board may:

24-27     [1.] (a) Maintain offices in as many localities in the State as it

24-28  finds necessary to carry out the provisions of this chapter.

24-29     [2.] (b) Employ attorneys, investigators and other professional

24-30  consultants and clerical personnel necessary to the discharge of its

24-31  duties.

24-32     2.  The Board shall not employ a person or contract with a

24-33  person as an independent contractor if the person is the spouse,

24-34  child or parent of:

24-35     (a) A licensed podiatric physician in the State of Nevada; or

24-36     (b) A member or employee of the Board.

24-37     3.  If the Board employs a person as an Executive Director or

24-38  in a position with powers or duties similar to those of an Executive

24-39  Director, the person must possess a level of education or

24-40  experience, or a combination of both, to qualify the person to

24-41  perform the administrative and managerial tasks required of the

24-42  position.

24-43     Sec. 48.  NRS 636.010 is hereby amended to read as follows:

24-44     636.010  The practice of optometry is hereby declared to be a

24-45  learned profession, affecting public safety and welfare and charged

25-1  with the public interest, and therefore subject to protection and

25-2  regulation by the State. For this purpose, the Legislature delegates

25-3  to the Nevada State Board of Optometry the duty of enforcing the

25-4  provisions of this chapter in the interest of the public.

25-5      Sec. 49.  NRS 636.035 is hereby amended to read as follows:

25-6      636.035  1.  The Governor shall appoint:

25-7      (a) Three members who are licensed to practice optometry in the

25-8  State of Nevada and are actually engaged in the practice of

25-9  optometry.

25-10     (b) One member who is a representative of the general public.

25-11  This member must not be:

25-12         (1) Licensed to practice optometry; or

25-13         (2) A spouse, child or parent of a person licensed to

25-14  practice optometry.

25-15     2.  A person shall not be appointed if he:

25-16     (a) Is the owner or co‑owner of, a stockholder in, or a member

25-17  of the faculty or board of directors or trustees of, any school of

25-18  optometry;

25-19     (b) Is financially interested, directly or indirectly, in the

25-20  manufacture or wholesaling of optical supplies; or

25-21     (c) Has been convicted of a felony or a gross misdemeanor

25-22  involving moral turpitude.

25-23     3.  The member who is a representative of the general public

25-24  shall not participate in preparing, conducting or grading any

25-25  examination required by the Board.

25-26     4.  Upon appointment, new members of the Board must be

25-27  provided with:

25-28     (a) A written summary of their duties and responsibilities as

25-29  members of the Board.

25-30     (b) Training on their duties and responsibilities by the

25-31  Attorney General. This training must include, but is not limited to,

25-32  instruction related to the audit of the Board required pursuant to

25-33  NRS 218.825.

25-34     Sec. 50.  NRS 636.080 is hereby amended to read as follows:

25-35     636.080  1.  Within a reasonable time after the appointment of

25-36  a new member, the Board shall meet and organize by electing from

25-37  its membership a President who shall hold office for 1 year and until

25-38  the election and qualification of his successor.

25-39     2.  The Board shall appoint an Executive Director who serves at

25-40  the pleasure of the Board and is entitled to receive compensation as

25-41  set by the Board. The Executive Director [must] :

25-42     (a) Must not be a member of the Board.

25-43     (b) Must not be the spouse, child or parent of:

25-44         (1) A person licensed to practice optometry; or

25-45         (2) A member or employee of the Board.

26-1      (c) Must possess a level of education or experience, or a

26-2  combination of both, to qualify the person to perform the

26-3  administrative and managerial tasks required of the position.

26-4      3.  If a vacancy occurs in the position of Executive Director, the

26-5  Board may appoint one of its members to perform the duties of

26-6  the Executive Director until the position is filled. A member of the

26-7  Board who is appointed to perform the duties of the Executive

26-8  Director is not entitled to receive any additional compensation for

26-9  performing those duties.

26-10     Sec. 51.  NRS 636.090 is hereby amended to read as follows:

26-11     636.090  1.  The Board may employ:

26-12     (a) Agents and inspectors to secure evidence of, and report on,

26-13  violations of this chapter.

26-14     (b) Attorneys, investigators and other professional consultants

26-15  and clerical personnel necessary to administer this chapter.

26-16     2.  The Attorney General may act as counsel for the Board.

26-17     3.  The Board shall not employ a person or contract with a

26-18  person as an independent contractor if the person is the spouse,

26-19  child or parent of:

26-20     (a) A person licensed to practice optometry; or

26-21     (b) A member or employee of the Board.

26-22     Sec. 52.  Chapter 637 of NRS is hereby amended by adding

26-23  thereto a new section to read as follows:

26-24     The practice of ophthalmic dispensing is hereby declared to be

26-25  a learned profession, affecting public safety and welfare and

26-26  charged with the public interest, and therefore subject to

26-27  protection and regulation by the State. For this purpose, the

26-28  Legislature delegates to the Board of Dispensing Opticians the

26-29  duty of enforcing the provisions of this chapter in the interest of

26-30  the public.

26-31     Sec. 53.  NRS 637.030 is hereby amended to read as follows:

26-32     637.030  1.  The Board of Dispensing Opticians, consisting of

26-33  five members appointed by the Governor, is hereby created.

26-34     2.  The Governor shall appoint:

26-35     (a) Four members who have actively engaged in the practice of

26-36  ophthalmic dispensing for not less than 3 years in the State of

26-37  Nevada immediately preceding the appointment.

26-38     (b) One member who is a representative of the general public.

26-39  This member must not be:

26-40         (1) A dispensing optician; or

26-41         (2) A spouse, child or parent of a dispensing optician.

26-42     3.  The Governor, after hearing, may remove any member for

26-43  cause.

27-1      4.  The member who is the representative of the general public

27-2  shall not participate in preparing, conducting or grading any

27-3  examination required by the Board.

27-4      5.  Upon appointment, new members of the Board must be

27-5  provided with:

27-6      (a) A written summary of their duties and responsibilities as

27-7  members of the Board.

27-8      (b) Training on their duties and responsibilities by the

27-9  Attorney General. This training must include, but is not limited to,

27-10  instruction related to the audit of the Board required pursuant to

27-11  NRS 218.825.

27-12     Sec. 54.  NRS 637.070 is hereby amended to read as follows:

27-13     637.070  1.  The Board may adopt such rules and regulations

27-14  as it may deem necessary to carry out the provisions of this chapter.

27-15     2.  The Board shall have a common seal of which all courts of

27-16  this state shall take judicial notice.

27-17     3.  The Board may empower any member to conduct any

27-18  proceeding, hearing or investigation necessary to its purposes.

27-19     4.  The Board may employ and fix the compensation of

27-20  attorneys, investigators and other professional consultants and such

27-21  other employees and assistants as it may deem necessary to carry

27-22  out the provisions of this chapter.

27-23     5.  The Board shall not employ a person or contract with a

27-24  person as an independent contractor if the person is the spouse,

27-25  child or parent of:

27-26     (a) A dispensing optician; or

27-27     (b) A member or employee of the Board.

27-28     6.  If the Board employs a person as an Executive Director or

27-29  in a position with powers or duties similar to those of an Executive

27-30  Director, the person must possess a level of education or

27-31  experience, or a combination of both, to qualify the person to

27-32  perform the administrative and managerial tasks required of the

27-33  position.

27-34     Sec. 55.  Chapter 637A of NRS is hereby amended by adding

27-35  thereto a new section to read as follows:

27-36     The practice of fitting and dispensing hearing aids is hereby

27-37  declared to be a learned profession, affecting public safety and

27-38  welfare and charged with the public interest, and therefore subject

27-39  to protection and regulation by the State. For this purpose, the

27-40  Legislature delegates to the Board of Hearing Aid Specialists the

27-41  duty of enforcing the provisions of this chapter in the interest of

27-42  the public.

27-43     Sec. 56.  NRS 637A.035 is hereby amended to read as follows:

27-44     637A.035  1.  The Governor shall appoint:

28-1      (a) One member who is a physician with a specialty in

28-2  otorhinolaryngology or otology.

28-3      (b) One member who is licensed to engage in the practice of

28-4  audiology pursuant to chapter 637B of NRS.

28-5      (c) One member who is a hearing aid specialist.

28-6      (d) Two members who are representatives of the general public

28-7  and have hearing disorders. These members must not be:

28-8          (1) A hearing aid specialist, a physician with a specialty in

28-9  otorhinolaryngology or otology or a person licensed to engage in

28-10  the practice of audiology pursuant to chapter 637B of NRS; or

28-11         (2) A spouse, child or parent of a hearing aid specialist, a

28-12  physician with a specialty in otorhinolaryngology or otology or a

28-13  person licensed to engage in the practice of audiology pursuant to

28-14  chapter 637B of NRS.

28-15     2.  After their initial terms, the members of the Board shall

28-16  serve terms of 3 years.

28-17     3.  No member of the Board may be a stockholder of a

28-18  manufacturer.

28-19     4.  The members of the Board serve at the pleasure of the

28-20  Governor.

28-21     5.  Upon appointment, new members of the Board must be

28-22  provided with:

28-23     (a) A written summary of their duties and responsibilities as

28-24  members of the Board.

28-25     (b) Training on their duties and responsibilities by the

28-26  Attorney General. This training must include, but is not limited to,

28-27  instruction related to the audit of the Board required pursuant to

28-28  NRS 218.825.

28-29     Sec. 57.  NRS 637A.110 is hereby amended to read as follows:

28-30     637A.110  1.  The Board may:

28-31     [1.] (a) Appoint a technical, clerical and operational staff as

28-32  may be required. The number of the staff appointed must be limited

28-33  by the money available for that purpose in the hearing aid licensing

28-34  fund.

28-35     [2.] (b) Grant or refuse licenses for any of the causes specified

28-36  in this chapter.

28-37     [3.] (c) Take disciplinary action against a licensee.

28-38     [4.] (d) Take depositions and issue subpoenas for the purpose of

28-39  any hearing authorized by this chapter.

28-40     [5.] (e) Establish reasonable educational requirements for

28-41  applicants and apprentices and reasonable requirements for the

28-42  continuing education of hearing aid specialists and apprentices.

28-43     2.  The Board shall not employ a person or contract with a

28-44  person as an independent contractor if the person is the spouse,

28-45  child or parent of:

29-1      (a) A hearing aid specialist; or

29-2      (b) A member or employee of the Board.

29-3      3.  If the Board employs a person as an Executive Director or

29-4  in a position with powers or duties similar to those of an Executive

29-5  Director, the person must possess a level of education or

29-6  experience, or a combination of both, to qualify the person to

29-7  perform the administrative and managerial tasks required of the

29-8  position.

29-9      Sec. 58.  NRS 637B.010 is hereby amended to read as follows:

29-10     637B.010  The practice of audiology and the practice of speech

29-11  pathology are hereby declared to be learned professions, affecting

29-12  public safety and welfare and charged with the public interest, and

29-13  are therefore subject to protection and regulation by the State. For

29-14  this purpose, the Legislature delegates to the Board of Examiners

29-15  for Audiology and Speech Pathology the duty of enforcing the

29-16  provisions of this chapter in the interest of the public.

29-17     Sec. 59.  NRS 637B.100 is hereby amended to read as follows:

29-18     637B.100  1.  The Board of Examiners for Audiology and

29-19  Speech Pathology, consisting of five members appointed by the

29-20  Governor, is hereby created.

29-21     2.  The Governor shall appoint:

29-22     (a) Two members who have been engaged in the practice of

29-23  speech pathology for 2 years or more;

29-24     (b) One member who has been engaged in the practice of

29-25  audiology for 2 years or more;

29-26     (c) One member who is a physician and who is certified by the

29-27  Board of medical examiners as a specialist in otolaryngology,

29-28  pediatrics or neurology; and

29-29     (d) One member who is a representative of the general public.

29-30  This member must not be:

29-31         (1) A speech pathologist or an audiologist; or

29-32         (2) A spouse, child or parent of a speech pathologist or an

29-33  audiologist.

29-34     3.  Members of the Board who are speech pathologists and

29-35  audiologists must be representative of the university, public school,

29-36  hospital or private aspects of the practice of audiology and of speech

29-37  pathology.

29-38     4.  Each member of the Board who is a speech pathologist or

29-39  audiologist must hold a current license issued pursuant to this

29-40  chapter or a current certificate of clinical competence from the

29-41  American [Speech and] Speech-Language-Hearing Association.

29-42     5.  The member who is a representative of the general public

29-43  may not participate in preparing, conducting or grading any

29-44  examination required by the Board.

30-1      6.  Upon appointment, new members of the Board must be

30-2  provided with:

30-3      (a) A written summary of their duties and responsibilities as

30-4  members of the Board.

30-5      (b) Training on their duties and responsibilities by the

30-6  Attorney General. This training must include, but is not limited to,

30-7  instruction related to the audit of the Board required pursuant to

30-8  NRS 218.825.

30-9      Sec. 60.  NRS 637B.130 is hereby amended to read as follows:

30-10     637B.130  1.  A member of the Board is entitled to receive:

30-11     (a) A salary of not more than $80 per day, as fixed by the Board,

30-12  while engaged in the business of the Board; and

30-13     (b) A per diem allowance and travel expenses at a rate fixed by

30-14  the Board, while engaged in the business of the Board. The rate

30-15  must not exceed the rate provided for state officers and employees

30-16  generally.

30-17     2.  While engaged in the business of the Board, each employee

30-18  of the Board is entitled to receive a per diem allowance and travel

30-19  expenses at a rate fixed by the Board. The rate must not exceed the

30-20  rate provided for state officers and employees generally.

30-21     3.  The Board shall not employ a person or contract with a

30-22  person as an independent contractor if the person is the spouse,

30-23  child or parent of:

30-24     (a) A speech pathologist or an audiologist; or

30-25     (b) A member or employee of the Board.

30-26     4.  If the Board employs a person as an Executive Director or

30-27  in a position with powers or duties similar to those of an Executive

30-28  Director, the person must possess a level of education or

30-29  experience, or a combination of both, to qualify the person to

30-30  perform the administrative and managerial tasks required of the

30-31  position.

30-32     Sec. 61.  Chapter 638 of NRS is hereby amended by adding

30-33  thereto a new section to read as follows:

30-34     The practice of veterinary medicine is hereby declared to be a

30-35  learned profession, affecting public safety and welfare and

30-36  charged with the public interest, and therefore subject to

30-37  protection and regulation by the State. For this purpose, the

30-38  Legislature delegates to the Nevada State Board of Veterinary

30-39  Medical Examiners the duty of enforcing the provisions of this

30-40  chapter in the interest of the public.

30-41     Sec. 62.  NRS 638.020 is hereby amended to read as follows:

30-42     638.020  1.  The Nevada State Board of Veterinary Medical

30-43  Examiners is hereby created.

30-44     2.  The board consists of seven members appointed by the

30-45  Governor.

31-1      3.  Six of the members must:

31-2      (a) Be residents of the State of Nevada.

31-3      (b) Be graduates of a veterinary college approved by the

31-4  American Veterinary Medical Association.

31-5      (c) Have been lawfully engaged in the private practice of

31-6  veterinary medicine in the State of Nevada for at least 5 years next

31-7  preceding the date of their appointment.

31-8      4.  One member appointed by the Governor must be a

31-9  representative of the general public. This member must not be:

31-10     (a) A veterinarian, a veterinary technician or a euthanasia

31-11  technician; or

31-12     (b) A spouse, child or parent of a veterinarian, a veterinary

31-13  technician or a euthanasia technician.

31-14     5.  Any member may be removed from the Board by the

31-15  Governor for good cause.

31-16     6.  Upon appointment, new members of the Board must be

31-17  provided with:

31-18     (a) A written summary of their duties and responsibilities as

31-19  members of the Board.

31-20     (b) Training on their duties and responsibilities by the

31-21  Attorney General. This training must include, but is not limited to,

31-22  instruction related to the audit of the Board required pursuant to

31-23  NRS 218.825.

31-24     Sec. 63.  NRS 638.050 is hereby amended to read as follows:

31-25     638.050  1.  The Board shall elect from its appointed members

31-26  a President and Vice President, who serve at the pleasure of the

31-27  Board.

31-28     2.  The Board may elect from its appointed members at least

31-29  one member to act as a representative of the Board at any meeting

31-30  held within the State or outside the State when the Board considers

31-31  such representation beneficial.

31-32     3.  The Board shall:

31-33     (a) Employ an Executive Director, who shall maintain a copy of

31-34  all correspondence;

31-35     (b) Adopt regulations concerning the duties and qualifications of

31-36  the Executive Director; and

31-37     (c) At least annually, review the performance of the Executive

31-38  Director.

31-39     4.  The Executive Director:

31-40     (a) Must not be the spouse, child or parent of:

31-41         (1) A veterinarian, a veterinary technician or a euthanasia

31-42  technician; or

31-43         (2) A member or employee of the Board.

32-1      (b) Must possess a level of education or experience, or a

32-2  combination of both, to qualify the person to perform the

32-3  administrative and managerial tasks required of the position.

32-4      Sec. 64.  NRS 638.070 is hereby amended to read as follows:

32-5      638.070  1.  The Board shall adopt regulations providing an

32-6  administrative fine in an amount not to exceed $500 if an applicant

32-7  for a license or the renewal of a license:

32-8      (a) Intentionally or knowingly makes a false or misleading

32-9  statement on his application;

32-10     (b) Knowingly fails to submit a notarized application; or

32-11     (c) Fails to inform the Board of any change of information

32-12  which was contained in his application.

32-13     2.  The Board may adopt regulations:

32-14     (a) Necessary to carry out the provisions of this chapter;

32-15     (b) Concerning the rights and responsibilities of veterinary

32-16  interns and externs and graduates of schools of veterinary medicine

32-17  located outside the United States or Canada;

32-18     (c) Concerning the rights and responsibilities of a veterinarian’s

32-19  employees who are not licensed nor working towards obtaining a

32-20  license pursuant to this chapter and whose duties require them to

32-21  spend a substantial portion of their time in direct contact with

32-22  animals;

32-23     (d) Concerning requirements for continuing education;

32-24     (e) Establishing procedures to approve schools which confer the

32-25  degree of veterinary technician or its equivalent;

32-26     (f) Concerning the disposition of animals which are abandoned

32-27  or left unclaimed at the office of a veterinarian;

32-28     (g) Establishing sanitary requirements for facilities in which

32-29  veterinary medicine is practiced, including, but not limited to,

32-30  precautions to be taken to prevent the creation or spread of any

32-31  infectious or contagious disease; and

32-32     (h) Concerning alternative veterinary medicine, including, but

32-33  not limited to, acupuncture, chiropractic procedures, dentistry,

32-34  cosmetic surgery, holistic medicine, and the provision of such

32-35  services by a licensed provider of health care under the direction of

32-36  a licensed veterinarian.

32-37     3.  The Board may:

32-38     (a) Employ attorneys, investigators, hearing officers for

32-39  disciplinary hearings, and other professional consultants and clerical

32-40  personnel necessary to the discharge of its duties;

32-41     (b) Conduct investigations and take and record evidence as to

32-42  any matter cognizable by it;

32-43     (c) Maintain offices in as many localities in the State as it

32-44  considers necessary to carry out the provisions of this chapter; and

33-1      (d) Purchase or rent any office space, equipment and supplies

33-2  that it considers necessary to carry out the provisions of this chapter.

33-3      4.  The Board shall not employ a person or contract with a

33-4  person as an independent contractor if the person is the spouse,

33-5  child or parent of:

33-6      (a) A veterinarian, a veterinary technician or an euthanasia

33-7  technician; or

33-8      (b) A member or employee of the Board.

33-9      Sec. 65.  Chapter 639 of NRS is hereby amended by adding

33-10  thereto a new section to read as follows:

33-11     The practice of pharmacy is hereby declared to be a learned

33-12  profession, affecting public safety and welfare and charged with

33-13  the public interest, and therefore subject to protection and

33-14  regulation by the State. For this purpose, the Legislature delegates

33-15  to the State Board of Pharmacy the duty of enforcing the

33-16  provisions of this chapter in the interest of the public.

33-17     Sec. 66.  NRS 639.030 is hereby amended to read as follows:

33-18     639.030  1.  The Governor shall appoint:

33-19     (a) Six members who are registered pharmacists in the State of

33-20  Nevada, are actively engaged in the practice of pharmacy in the

33-21  State of Nevada and have had at least 5 years’ experience as

33-22  registered pharmacists preceding the appointment.

33-23     (b) One member who is a representative of the general public

33-24  and is not related to a pharmacist registered in the State of Nevada

33-25  by consanguinity or affinity within the third degree.

33-26     2.  Appointments of registered pharmacists must be

33-27  representative of the practice of pharmacy.

33-28     3.  Within 30 days after his appointment, each member of the

33-29  Board shall take and subscribe an oath to discharge faithfully and

33-30  impartially the duties prescribed by this chapter.

33-31     4.  After the initial terms, the members of the Board must be

33-32  appointed to terms of 3 years. A person may not serve as a member

33-33  of the Board for more than three consecutive terms. If a vacancy

33-34  occurs during a member’s term, the Governor shall appoint a person

33-35  qualified under this section to replace that member for the remainder

33-36  of the unexpired term.

33-37     5.  The Governor shall remove from the Board any member,

33-38  after a hearing, for neglect of duty or other just cause.

33-39     6.  Upon appointment, new members of the Board must be

33-40  provided with:

33-41     (a) A written summary of their duties and responsibilities as

33-42  members of the Board.

33-43     (b) Training on their duties and responsibilities by the

33-44  Attorney General. This training must include, but is not limited to,

34-1  instruction related to the audit of the Board required pursuant to

34-2  NRS 218.825.

34-3      Sec. 67.  NRS 639.070 is hereby amended to read as follows:

34-4      639.070  1.  The Board may:

34-5      (a) Adopt such regulations, not inconsistent with the laws of this

34-6  state, as are necessary for the protection of the public, appertaining

34-7  to the practice of pharmacy and the lawful performance of its duties.

34-8      (b) Adopt regulations requiring that prices charged by retail

34-9  pharmacies for drugs and medicines which are obtained by

34-10  prescription be posted in the pharmacies and be given on the

34-11  telephone to persons requesting such information.

34-12     (c) Adopt regulations, not inconsistent with the laws of this

34-13  state, authorizing the Secretary to issue certificates, licenses and

34-14  permits required by this chapter and chapters 453 and 454 of NRS.

34-15     (d) Adopt regulations governing the dispensing of poisons,

34-16  drugs, chemicals and medicines.

34-17     (e) Regulate the practice of pharmacy.

34-18     (f) Regulate the sale and dispensing of poisons, drugs, chemicals

34-19  and medicines.

34-20     (g) Regulate the means of recordkeeping and storage, handling,

34-21  sanitation and security of drugs, poisons, medicines, chemicals and

34-22  devices, including, but not limited to, requirements relating to:

34-23         (1) Pharmacies, institutional pharmacies and pharmacies in

34-24  correctional institutions;

34-25         (2) Drugs stored in hospitals; and

34-26         (3) Drugs stored for the purpose of wholesale distribution.

34-27     (h) Examine and register, upon application, pharmacists and

34-28  other persons who dispense or distribute medications whom it

34-29  deems qualified.

34-30     (i) Charge and collect necessary and reasonable fees for its

34-31  services, other than those specifically set forth in this chapter.

34-32     (j) Maintain offices in as many localities in the State as it finds

34-33  necessary to carry out the provisions of this chapter.

34-34     (k) Employ an attorney, inspectors, investigators and other

34-35  professional consultants and clerical personnel necessary to the

34-36  discharge of its duties.

34-37     (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive,

34-38  and enforce the provisions of this chapter and chapter 454 of NRS.

34-39     (m) Adopt regulations concerning the information required to be

34-40  submitted in connection with an application for any license,

34-41  certificate or permit required by this chapter or chapter 453 or 454

34-42  of NRS.

34-43     (n) Adopt regulations concerning the education, experience and

34-44  background of a person who is employed by the holder of a license

35-1  or permit issued pursuant to this chapter and who has access to

35-2  drugs and devices.

35-3      (o) Adopt regulations concerning the use of computerized

35-4  mechanical equipment for the filling of prescriptions.

35-5      (p) Participate in and expend money for programs that enhance

35-6  the practice of pharmacy.

35-7      2.  This section does not authorize the Board to prohibit open-

35-8  market competition in the advertising and sale of prescription drugs

35-9  and pharmaceutical services.

35-10     3.  The Board shall not employ a person or contract with a

35-11  person as an independent contractor if the person is the spouse,

35-12  child or parent of:

35-13     (a) A pharmacist; or

35-14     (b) A member or employee of the Board.

35-15     4.  If the Board employs a person as an Executive Director or

35-16  in a position with powers or duties similar to those of an Executive

35-17  Director, the person must possess a level of education or

35-18  experience, or a combination of both, to qualify the person to

35-19  perform the administrative and managerial tasks required of the

35-20  position.

35-21     Sec. 68.  Chapter 640 of NRS is hereby amended by adding

35-22  thereto a new section to read as follows:

35-23     The practice of physical therapy is hereby declared to be a

35-24  learned profession, affecting public safety and welfare and

35-25  charged with the public interest, and therefore subject to

35-26  protection and regulation by the State. For this purpose, the

35-27  Legislature delegates to the State Board of Physical Therapy

35-28  Examiners the duty of enforcing the provisions of this chapter in

35-29  the interest of the public.

35-30     Sec. 69.  NRS 640.030 is hereby amended to read as follows:

35-31     640.030  1.  The State Board of Physical Therapy Examiners,

35-32  consisting of five members appointed by the Governor, is hereby

35-33  created.

35-34     2.  The Governor shall appoint:

35-35     (a) Four members who are licensed physical therapists in the

35-36  State of Nevada.

35-37     (b) One member who is a representative of the general public.

35-38  This member must not be:

35-39         (1) A physical therapist, a physical therapist’s assistant or a

35-40  physical therapist’s technician; or

35-41         (2) A spouse, child or parent of a physical therapist, a

35-42  physical therapist’s assistant or a physical therapist’s technician.

35-43     3.  The member who is a representative of the general public

35-44  shall not participate in preparing, conducting or grading any

35-45  examination required by the Board.

36-1      4.  No member of the Board may serve more than two

36-2  consecutive terms.

36-3      5.  The Governor may remove any member of the Board for

36-4  incompetency, neglect of duty, gross immorality or malfeasance in

36-5  office.

36-6      6.  A majority of the members of the Board constitutes a

36-7  quorum.

36-8      7.  No member of the Board may be held liable in a civil action

36-9  for any act which he has performed in good faith in the execution of

36-10  his duties under this chapter.

36-11     8.  Upon appointment, new members of the Board must be

36-12  provided with:

36-13     (a) A written summary of their duties and responsibilities as

36-14  members of the Board.

36-15     (b) Training on their duties and responsibilities by the

36-16  Attorney General. This training must include, but is not limited to,

36-17  instruction related to the audit of the Board required pursuant to

36-18  NRS 218.825.

36-19     Sec. 70.  NRS 640.050 is hereby amended to read as follows:

36-20     640.050  1.  The Board shall examine and license qualified

36-21  physical therapists and qualified physical therapist’s assistants.

36-22     2.  The Board may adopt reasonable regulations to carry this

36-23  chapter into effect, including, but not limited to, regulations

36-24  concerning the:

36-25     (a) Issuance and display of licenses.

36-26     (b) Supervision of physical therapist’s assistants and physical

36-27  therapist’s technicians.

36-28     (c) Treatments and other regulated procedures which may be

36-29  performed by physical therapist’s technicians.

36-30     3.  The Board shall keep a record of its proceedings and a

36-31  register of all persons licensed under the provisions of this chapter.

36-32  The register must show:

36-33     (a) The name of every living licensee.

36-34     (b) The last known place of business and residence of each

36-35  licensee.

36-36     (c) The date and number of each license issued as a physical

36-37  therapist or physical therapist’s assistant.

36-38     4.  During September of every year in which renewal of a

36-39  license is required, the Board shall compile a list of licensed

36-40  physical therapists authorized to practice physical therapy and

36-41  physical therapist’s assistants licensed to assist in the practice

36-42  of physical therapy in this state. Any interested person in the State

36-43  may obtain a copy of the list upon application to the Board and the

36-44  payment of such amount as may be fixed by the Board, which

36-45  amount must not exceed the cost of the list so furnished.

37-1      5.  The Board may:

37-2      (a) Maintain offices in as many localities in the State as it finds

37-3  necessary to carry out the provisions of this chapter.

37-4      (b) Employ attorneys, investigators and other professional

37-5  consultants and clerical personnel necessary to the discharge of its

37-6  duties.

37-7      (c) Adopt a seal of which a court may take judicial notice.

37-8      6.  Any member or agent of the Board may enter an office,

37-9  clinic or hospital where physical therapy is practiced and inspect it

37-10  to determine if the physical therapists are licensed.

37-11     7.  Any member of the Board may administer an oath to a

37-12  person testifying in a matter that relates to the duties of the Board.

37-13     8.  The Board shall not employ a person or contract with a

37-14  person as an independent contractor if the person is the spouse,

37-15  child or parent of:

37-16     (a) A physical therapist, a physical therapist’s assistant or a

37-17  physical therapist’s technician; or

37-18     (b) A member or employee of the Board.

37-19     9.  If the Board employs a person as an Executive Director or

37-20  in a position with powers or duties similar to those of an Executive

37-21  Director, the person must possess a level of education or

37-22  experience, or a combination of both, to qualify the person to

37-23  perform the administrative and managerial tasks required of the

37-24  position.

37-25     Sec. 71.  NRS 640A.010 is hereby amended to read as follows:

37-26     640A.010  1.  The Legislature declares that the purpose of this

37-27  chapter is to protect the public health, safety and welfare by

37-28  ensuring that:

37-29     [1.] (a) Only competent and scrupulous persons practice

37-30  occupational therapy in this state; and

37-31     [2.] (b) Persons who practice occupational therapy in this state

37-32  maintain an appropriate standard of professional conduct.

37-33     2.  For this purpose, the Legislature delegates to the Board of

37-34  Occupational Therapy the duty of enforcing the provisions of this

37-35  chapter in the interest of the public.

37-36     Sec. 72.  NRS 640A.080 is hereby amended to read as follows:

37-37     640A.080  1.  The Board of Occupational Therapy, consisting

37-38  of five members appointed by the Governor, is hereby created.

37-39     2.  The Governor shall appoint to the Board:

37-40     (a) One member who is a representative of the general public .

37-41  [;] This member must not be:

37-42         (1) An occupational therapist or an occupational therapy

37-43  assistant; or

37-44         (2) A spouse, child or parent of an occupational therapist

37-45  or an occupational therapy assistant.

38-1      (b) One member who is an occupational therapist or

38-2  occupational therapy assistant . [; and]

38-3      (c) Three members who are occupational therapists.

38-4      3.  Each member of the Board must be a resident of Nevada. An

38-5  occupational therapist or occupational therapy assistant appointed to

38-6  the Board must:

38-7      (a) Have practiced, taught or conducted research in occupational

38-8  therapy for the 5 years immediately preceding his appointment; and

38-9      (b) Except for the initial members, hold a license issued

38-10  pursuant to this chapter.

38-11     4.  No member of the Board may serve more than two

38-12  consecutive terms.

38-13     5.  If a vacancy occurs during a member’s term, the Governor

38-14  shall appoint a person qualified under this section to replace that

38-15  member for the remainder of the unexpired term.

38-16     6.  Upon appointment, new members of the Board must be

38-17  provided with:

38-18     (a) A written summary of their duties and responsibilities as

38-19  members of the Board.

38-20     (b) Training on their duties and responsibilities by the

38-21  Attorney General. This training must include, but is not limited to,

38-22  instruction related to the audit of the Board required pursuant to

38-23  NRS 218.825.

38-24     Sec. 73.  NRS 640A.100 is hereby amended to read as follows:

38-25     640A.100  1.  The members of the Board serve without

38-26  compensation, except that while engaged in the business of the

38-27  Board, each member is entitled to the per diem allowance and travel

38-28  expenses provided for state officers and employees generally.

38-29     2.  The Board may employ an Executive Secretary and any

38-30  other employees it deems necessary, establish their duties and fix

38-31  their salaries.

38-32     3.  The expenses of the Board and members of the Board, and

38-33  the salaries of its employees, must be paid from the fees received by

38-34  the Board pursuant to this chapter, and no part of those expenses and

38-35  salaries may be paid out of the State General Fund.

38-36     4.  The Board shall not employ a person or contract with a

38-37  person as an independent contractor if the person is the spouse,

38-38  child or parent of:

38-39     (a) An occupational therapist or an occupational therapy

38-40  assistant; or

38-41     (b) A member or employee of the Board.

38-42     5.  If the Board employs a person as an Executive Secretary or

38-43  in a position with powers or duties similar to those of an Executive

38-44  Secretary, the person must possess a level of education or

38-45  experience, or a combination of both, to qualify the person to

39-1  perform the administrative and managerial tasks required of the

39-2  position.

39-3      Sec. 74.  NRS 641.010 is hereby amended to read as follows:

39-4      641.010  The practice of psychology is hereby declared to be a

39-5  learned profession, affecting public safety, health and welfare and

39-6  subject to regulation to protect the public from the practice of

39-7  psychology by unqualified persons and from unprofessional conduct

39-8  by persons licensed to practice psychology. For this purpose, the

39-9  Legislature delegates to the Board of Psychological Examiners the

39-10  duty of enforcing the provisions of this chapter in the interest of

39-11  the public.

39-12     Sec. 75.  NRS 641.040 is hereby amended to read as follows:

39-13     641.040  1.  The Governor shall appoint to the Board:

39-14     (a) Four members who are licensed psychologists in the State of

39-15  Nevada with at least 5 years of experience in the practice of

39-16  psychology after being licensed.

39-17     (b) One member who is a representative of the general public.

39-18     2.  A person is not eligible for appointment unless he is:

39-19     (a) A citizen of the United States; and

39-20     (b) A resident of the State of Nevada.

39-21     3.  The member who is a representative of the general public:

39-22     (a) Shall not participate in preparing, conducting or grading any

39-23  examination required by the Board.

39-24     (b) Must not be a psychologist, an applicant or former applicant

39-25  for licensure as a psychologist, a member of a health profession or a

39-26  member of a household that includes a psychologist.

39-27     4.  Board members must not have any conflicts of interest or the

39-28  appearance of such conflicts in the performance of their duties as

39-29  members of the Board.

39-30     5.  Upon appointment, new members of the Board must be

39-31  provided with:

39-32     (a) A written summary of their duties and responsibilities as

39-33  members of the Board.

39-34     (b) Training on their duties and responsibilities by the

39-35  Attorney General. This training must include, but is not limited to,

39-36  instruction related to the audit of the Board required pursuant to

39-37  NRS 218.825.

39-38     Sec. 76.  NRS 641.115 is hereby amended to read as follows:

39-39     641.115  1.  The Board may:

39-40     (a) Maintain offices in as many localities in the State as it

39-41  considers necessary to carry out the provisions of this chapter.

39-42     (b) Employ attorneys, investigators, consultants, hearings

39-43  officers and employees necessary to the discharge of its duties.

39-44     2.  Any expense incurred by the Board may not be paid out of

39-45  the State General Fund.

40-1      3.  The Board shall not employ a person or contract with a

40-2  person as an independent contractor if the person is the spouse,

40-3  child or parent of:

40-4      (a) A psychologist; or

40-5      (b) A member or employee of the Board.

40-6      4.  If the Board employs a person as an Executive Director or

40-7  in a position with powers or duties similar to those of an Executive

40-8  Director, the person must possess a level of education or

40-9  experience, or a combination of both, to qualify the person to

40-10  perform the administrative and managerial tasks required of the

40-11  position.

40-12     Sec. 77.  NRS 641A.010 is hereby amended to read as follows:

40-13     641A.010  The practice of marriage and family therapy is

40-14  hereby declared a learned profession, profoundly affecting public

40-15  safety and welfare and charged with the public interest, and

40-16  therefore subject to protection and regulation by the State. For this

40-17  purpose, the Legislature delegates to the Board of Examiners for

40-18  Marriage and Family Therapists the duty of enforcing the

40-19  provisions of this chapter in the interest of the public.

40-20     Sec. 78.  NRS 641A.100 is hereby amended to read as follows:

40-21     641A.100  1.  The Governor shall appoint to the Board:

40-22     (a) Four members who are licensed marriage and family

40-23  therapists and are in good standing with or acceptable for

40-24  membership in their local or state societies and associations when

40-25  they exist; and

40-26     (b) Two members who are representatives of the general public.

40-27  These members must not be:

40-28         (1) A marriage and family therapist; or

40-29         (2) A spouse, child or parent of a marriage and family

40-30  therapist.

40-31     2.  The members who are representatives of the general public

40-32  shall not participate in preparing, conducting or grading any

40-33  examination required by the Board.

40-34     3.  The Governor may, after notice and hearing, remove any

40-35  member of the Board for misconduct in office, incompetence,

40-36  neglect of duty or other sufficient cause.

40-37     4.  Upon appointment, new members of the Board must be

40-38  provided with:

40-39     (a) A written summary of their duties and responsibilities as

40-40  members of the Board.

40-41     (b) Training on their duties and responsibilities by the

40-42  Attorney General. This training must include, but is not limited to,

40-43  instruction related to the audit of the Board required pursuant to

40-44  NRS 218.825.

 

41-1      Sec. 79.  NRS 641A.200 is hereby amended to read as follows:

41-2      641A.200  1.  A member of the Board is entitled to receive:

41-3      (a) A salary of not more than $80 per day, as fixed by the Board,

41-4  while engaged in the business of the Board; and

41-5      (b) A per diem allowance and travel expenses at a rate fixed by

41-6  the Board, while engaged in the business of the Board. The rate

41-7  must not exceed the rate provided for state officers and employees

41-8  generally.

41-9      2.  While engaged in the business of the Board, each employee

41-10  of the Board is entitled to receive a per diem allowance and travel

41-11  expenses at a rate fixed by the Board. The rate must not exceed the

41-12  rate provided for state officers and employees generally.

41-13     3.  Compensation and expenses of the members and employees

41-14  of the Board are payable out of the money derived from fees and

41-15  penalties paid or transmitted to the Board pursuant to the provisions

41-16  of this chapter, and no part thereof may be paid out of the State

41-17  Treasury.

41-18     4.  The Board shall not employ a person or contract with a

41-19  person as an independent contractor if the person is the spouse,

41-20  child or parent of:

41-21     (a) A marriage and family therapist; or

41-22     (b) A member or employee of the Board.

41-23     5.  If the Board employs a person as an Executive Director or

41-24  in a position with powers or duties similar to those of an Executive

41-25  Director, the person must possess a level of education or

41-26  experience, or a combination of both, to qualify the person to

41-27  perform the administrative and managerial tasks required of the

41-28  position.

41-29     Sec. 80.  NRS 641B.020 is hereby amended to read as follows:

41-30     641B.020  The practice of social work is hereby declared a

41-31  learned profession, affecting public safety and welfare and charged

41-32  with the public interest, and is therefore subject to protection and

41-33  regulation by the State. For this purpose, the Legislature delegates

41-34  to the Board of Examiners for Social Workers the duty of

41-35  enforcing the provisions of this chapter in the interest of the

41-36  public.

41-37     Sec. 81.  NRS 641B.100 is hereby amended to read as follows:

41-38     641B.100  1.  The Board of Examiners for Social Workers

41-39  consists of five members appointed by the Governor.

41-40     2.  Four members appointed to the Board must be licensed or

41-41  eligible for licensure pursuant to this chapter, except the initial

41-42  members who must be eligible for licensure.

41-43     3.  One member appointed to the Board must be a

41-44  representative of the general public. This member must not be:

42-1      (a) Licensed or eligible for licensure pursuant to this chapter;

42-2  or

42-3      (b) A spouse, child or parent of a person who is licensed or

42-4  eligible for licensure pursuant to this chapter.

42-5      4.  Upon appointment, new members of the Board must be

42-6  provided with:

42-7      (a) A written summary of their duties and responsibilities as

42-8  members of the Board.

42-9      (b) Training on their duties and responsibilities by the

42-10  Attorney General. This training must include, but is not limited to,

42-11  instruction related to the audit of the Board required pursuant to

42-12  NRS 218.825.

42-13     Sec. 82.  NRS 641B.140 is hereby amended to read as follows:

42-14     641B.140  1.  Each member of the Board is entitled to receive:

42-15     (a) A salary of not more than $80 per day, as fixed by the Board,

42-16  while engaged in the business of the Board; and

42-17     (b) A per diem allowance and travel expenses at a rate fixed by

42-18  the Board, while engaged in the business of the Board. The rate

42-19  must not exceed the rate provided for state officers and employees

42-20  generally.

42-21     2.  While engaged in the business of the Board, each employee

42-22  of the Board is entitled to receive a per diem allowance and travel

42-23  expenses at a rate fixed by the Board. The rate must not exceed the

42-24  rate provided for state officers and employees generally.

42-25     3.  The Board shall not employ a person or contract with a

42-26  person as an independent contractor if the person is the spouse,

42-27  child or parent of:

42-28     (a) A person who is licensed or eligible for licensure pursuant

42-29  to this chapter; or

42-30     (b) A member or employee of the Board.

42-31     4.  If the Board employs a person as an Executive Director or

42-32  in a position with powers or duties similar to those of an Executive

42-33  Director, the person must possess a level of education or

42-34  experience, or a combination of both, to qualify the person to

42-35  perform the administrative and managerial tasks required of the

42-36  position.

42-37     Sec. 83.  NRS 641C.010 is hereby amended to read as follows:

42-38     641C.010  The practice of counseling alcohol and drug abusers

42-39  is hereby declared to be a learned profession, affecting public

42-40  health, safety and welfare and is subject to regulation to protect the

42-41  public from the practice of counseling alcohol and drug abusers by

42-42  unqualified persons and from unprofessional conduct by persons

42-43  who are licensed or certified to engage in the practice of counseling

42-44  alcohol and drug abusers. For this purpose, the Legislature

42-45  delegates to the Board of Examiners for Alcohol and Drug Abuse

43-1  Counselors the duty of enforcing the provisions of this chapter in

43-2  the interest of the public.

43-3      Sec. 84.  NRS 641C.150 is hereby amended to read as follows:

43-4      641C.150  1.  The Board of Examiners for Alcohol and Drug

43-5  Abuse Counselors, consisting of five members appointed by the

43-6  Governor, is hereby created.

43-7      2.  The Board must consist of:

43-8      (a) Three members who are licensed as alcohol and drug abuse

43-9  counselors pursuant to the provisions of this chapter . [;]

43-10     (b) One member who is certified as an alcohol and drug abuse

43-11  counselor pursuant to the provisions of this chapter . [; and]

43-12     (c) One member who is a representative of the general public.

43-13  This member must not be:

43-14         (1) A licensed or certified alcohol and drug abuse

43-15  counselor; or

43-16         (2) A spouse, child or parent of a licensed or certified

43-17  alcohol and drug abuse counselor.

43-18     3.  A person may not be appointed to the Board unless he is:

43-19     (a) A citizen of the United States or is lawfully entitled to

43-20  remain and work in the United States; and

43-21     (b) A resident of this state.

43-22     4.  No member of the Board may be held liable in a civil action

43-23  for any act that he performs in good faith in the execution of his

43-24  duties pursuant to the provisions of this chapter.

43-25     5.  Upon appointment, new members of the Board must be

43-26  provided with:

43-27     (a) A written summary of their duties and responsibilities as

43-28  members of the Board.

43-29     (b) Training on their duties and responsibilities by the

43-30  Attorney General. This training must include, but is not limited to,

43-31  instruction related to the audit of the Board required pursuant to

43-32  NRS 218.825.

43-33     Sec. 85.  NRS 641C.180 is hereby amended to read as follows:

43-34     641C.180  1.  The Board may:

43-35     [1.] (a) Maintain offices in as many locations in this state as it

43-36  considers necessary to carry out the provisions of this chapter.

43-37     [2.] (b) Employ attorneys, investigators and other persons

43-38  necessary to carry out its duties.

43-39     2.  The Board shall not employ a person or contract with a

43-40  person as an independent contractor if the person is the spouse,

43-41  child or parent of:

43-42     (a) A licensed or certified alcohol and drug abuse counselor;

43-43  or

43-44     (b) A member or employee of the Board.

44-1      3.  If the Board employs a person as an Executive Director or

44-2  in a position with powers or duties similar to those of an Executive

44-3  Director, the person must possess a level of education or

44-4  experience, or a combination of both, to qualify the person to

44-5  perform the administrative and managerial tasks required of the

44-6  position.

44-7      Sec. 86.  Chapter 642 of NRS is hereby amended by adding

44-8  thereto a new section to read as follows:

44-9      The practice of activities related to cremation, embalming and

44-10  directing or supervising funerals affects public safety and welfare

44-11  and is charged with the public interest, and is therefore subject to

44-12  protection and regulation by the State. For this purpose, the

44-13  Legislature delegates to the State Board of Funeral Directors,

44-14  Embalmers and Operators of Cemeteries and Crematories the duty

44-15  of enforcing the provisions of this chapter in the interest of the

44-16  public.

44-17     Sec. 87.  NRS 642.020 is hereby amended to read as follows:

44-18     642.020  1.  The State Board of Funeral Directors, Embalmers

44-19  and Operators of Cemeteries and Crematories, consisting of five

44-20  members appointed by the Governor, is hereby created.

44-21     2.  The Governor shall appoint:

44-22     (a) One member who is actively engaged as a funeral director

44-23  and embalmer.

44-24     (b) One member who is actively engaged as an operator of a

44-25  cemetery.

44-26     (c) One member who is actively engaged in the operation of a

44-27  crematory.

44-28     (d) Two members who are representatives of the general public.

44-29     3.  No member who is a representative of the general public

44-30  may:

44-31     (a) Be the holder of a license or certificate issued by the Board

44-32  or be an applicant or former applicant for such a license or

44-33  certificate.

44-34     (b) Be related within the third degree of consanguinity or

44-35  affinity to the holder of a license or certificate issued by the Board.

44-36     (c) Be employed by the holder of a license or certificate issued

44-37  by the Board.

44-38     4.  After the initial terms, members of the Board serve terms of

44-39  4 years, except when appointed to fill unexpired terms. Each

44-40  member may serve no more than two consecutive full terms.

44-41     5.  The Chairman of the Board must be chosen from the

44-42  members of the Board who are representatives of the general public.

44-43     6.  Upon appointment, new members of the Board must be

44-44  provided with:

45-1      (a) A written summary of their duties and responsibilities as

45-2  members of the Board.

45-3      (b) Training on their duties and responsibilities by the

45-4  Attorney General. This training must include, but is not limited to,

45-5  instruction related to the audit of the Board required pursuant to

45-6  NRS 218.825.

45-7      Sec. 88.  NRS 642.055 is hereby amended to read as follows:

45-8      642.055  1.  The Board may:

45-9      [1.] (a) Maintain offices in as many localities in the State as it

45-10  finds necessary to carry out the provisions of this chapter.

45-11     [2.] (b) Employ attorneys, investigators and other professional

45-12  consultants and clerical personnel necessary to the discharge of its

45-13  duties.

45-14     2.  The Board shall not employ a person or contract with a

45-15  person as an independent contractor if the person is the spouse,

45-16  child or parent of:

45-17     (a) A holder of a license or certificate issued by the Board; or

45-18     (b) A member or employee of the Board.

45-19     3.  If the Board employs a person as an Executive Director or

45-20  in a position with powers or duties similar to those of an Executive

45-21  Director, the person must possess a level of education or

45-22  experience, or a combination of both, to qualify the person to

45-23  perform the administrative and managerial tasks required of the

45-24  position.

45-25     Sec. 89.  Chapter 643 of NRS is hereby amended by adding

45-26  thereto a new section to read as follows:

45-27     The practice of barbering affects public safety and welfare and

45-28  is charged with the public interest, and is therefore subject to

45-29  protection and regulation by the State. For this purpose, the

45-30  Legislature delegates to the State Barbers’ Health and Sanitation

45-31  Board the duty of enforcing the provisions of this chapter in the

45-32  interest of the public.

45-33     Sec. 90.  NRS 643.020 is hereby amended to read as follows:

45-34     643.020  1.  The State Barbers’ Health and Sanitation Board,

45-35  consisting of four members, is hereby created.

45-36     2.  The Board consists of the State Health Officer, or a member

45-37  of his staff designated by the State Health Officer, and three

45-38  members who are licensed barbers appointed by the Governor. Of

45-39  the barbers, one barber must be from Clark County, one barber must

45-40  be from Washoe County and one barber must be from any county in

45-41  the State. Each of the barbers must have been a resident of this state

45-42  and a practicing licensed barber for at least 5 years immediately

45-43  before his appointment.

45-44     3.  The Governor may remove a member of the Board for cause.

46-1      4.  Upon appointment, new members of the Board must be

46-2  provided with:

46-3      (a) A written summary of their duties and responsibilities as

46-4  members of the Board.

46-5      (b) Training on their duties and responsibilities by the

46-6  Attorney General. This training must include, but is not limited to,

46-7  instruction related to the audit of the Board required pursuant to

46-8  NRS 218.825.

46-9      Sec. 91.  NRS 643.050 is hereby amended to read as follows:

46-10     643.050  1.  The Board may:

46-11     (a) Maintain offices in as many locations in this state as it finds

46-12  necessary to carry out the provisions of this chapter.

46-13     (b) Employ attorneys, investigators and other professional

46-14  consultants and clerical personnel necessary to the discharge of its

46-15  duties.

46-16     (c) Adopt regulations necessary to carry out the provisions of

46-17  this chapter.

46-18     2.  The Board shall not employ a person or contract with a

46-19  person as an independent contractor if the person is the spouse,

46-20  child or parent of:

46-21     (a) A licensed barber or licensed apprentice; or

46-22     (b) A member or employee of the Board.

46-23     3.  If the Board employs a person as an Executive Director or

46-24  in a position with powers or duties similar to those of an Executive

46-25  Director, the person must possess a level of education or

46-26  experience, or a combination of both, to qualify the person to

46-27  perform the administrative and managerial tasks required of the

46-28  position.

46-29     4.  The Board shall prescribe, by regulation, sanitary

46-30  requirements for barbershops and barber schools.

46-31     [3.] 5.  Any member of the Board or its agents or assistants

46-32  may enter and inspect any barbershop or barber school at any time

46-33  during business hours or at any time when the practice of barbering

46-34  or instruction in that practice is being carried on.

46-35     [4.] 6.  The Board shall keep a record of its proceedings

46-36  relating to the issuance, refusal, renewal, suspension and revocation

46-37  of licenses. The record must contain the name, place of business and

46-38  residence of each licensed barber, licensed apprentice and instructor,

46-39  and the date and number of his license. The record must be open to

46-40  public inspection at all reasonable times.

46-41     [5.] 7.  The Board may approve and, by official order, establish

46-42  the days and hours when barbershops may remain open for business

46-43  whenever agreements fixing such opening and closing hours have

46-44  been signed and submitted to the Board by any organized and

46-45  representative group of licensed barbers of at least 70 percent of the

47-1  licensed barbers of any county. The Board may investigate the

47-2  reasonableness and propriety of the hours fixed by such an

47-3  agreement, as is conferred by the provisions of this chapter, and the

47-4  Board may fix hours for any portion of a county.

47-5      [6.] 8.  The Board may adopt regulations governing the

47-6  conduct of barber schools and the course of study of barber schools.

47-7      Sec. 92.  Chapter 644 of NRS is hereby amended by adding

47-8  thereto a new section to read as follows:

47-9      The practice of cosmetology affects public safety and welfare

47-10  and is charged with the public interest, and is therefore subject to

47-11  protection and regulation by the State. For this purpose, the

47-12  Legislature delegates to the State Board of Cosmetology the duty

47-13  of enforcing the provisions of this chapter in the interest of the

47-14  public.

47-15     Sec. 93.  NRS 644.030 is hereby amended to read as follows:

47-16     644.030  1.  The State Board of Cosmetology consisting of

47-17  seven members appointed by the Governor is hereby created.

47-18     2.  The Board must consist of four cosmetologists, one

47-19  manicurist, one aesthetician and one member representing

47-20  customers of cosmetology.

47-21     3.  Upon appointment, new members of the Board must be

47-22  provided with:

47-23     (a) A written summary of their duties and responsibilities as

47-24  members of the Board.

47-25     (b) Training on their duties and responsibilities by the

47-26  Attorney General. This training must include, but is not limited to,

47-27  instruction related to the audit of the Board required pursuant to

47-28  NRS 218.825.

47-29     Sec. 94.  NRS 644.150 is hereby amended to read as follows:

47-30     644.150  1.  The Board may employ inspectors, investigators,

47-31  advisers, examiners and clerks and secure the services of attorneys

47-32  and other professional consultants, but no part of the compensation

47-33  of those persons or reasonable expenses incurred by the Board may

47-34  be paid by the State.

47-35     2.  The Board shall not employ a person or contract with a

47-36  person as an independent contractor if the person is the spouse,

47-37  child or parent of:

47-38     (a) A cosmetologist, electrologist, manicurist, demonstrator of

47-39  cosmetics, cosmetologist’s apprentice, electrologist’s apprentice,

47-40  hair designer or aesthetician; or

47-41     (b) A member or employee of the Board.

47-42     3.  If the Board employs a person as an Executive Director or

47-43  in a position with powers or duties similar to those of an Executive

47-44  Director, the person must possess a level of education or

47-45  experience, or a combination of both, to qualify the person to

48-1  perform the administrative and managerial tasks required of the

48-2  position.

48-3      Sec. 95.  NRS 645.045 is hereby amended to read as follows:

48-4      645.045  The provisions of this chapter shall be administered in

48-5  the interest of the public by the Real Estate Division, subject to

48-6  administrative supervision by the Director.

48-7      Sec. 96.  NRS 645.050 is hereby amended to read as follows:

48-8      645.050  1.  The Real Estate Commission is hereby created.

48-9  The Commission consists of five members appointed by the

48-10  Governor.

48-11     2.  Upon appointment, new members of the Commission must

48-12  be provided with:

48-13     (a) A written summary of their duties and responsibilities as

48-14  members of the Commission.

48-15     (b) Training on their duties and responsibilities by the

48-16  Attorney General.

48-17     3.  The Commission shall act in an advisory capacity to the

48-18  Real Estate Division, adopt regulations and conduct hearings as

48-19  provided in this chapter. The Commission shall adopt regulations

48-20  establishing standards for the operation of licensees’ offices and for

48-21  their business conduct and ethics.

48-22     [3.] 4.  The Commission may by regulation delegate any

48-23  authority conferred upon it by this chapter to the Administrator to be

48-24  exercised pursuant to the regulations of the Commission.

48-25     [4.] 5.  Service of process and other communications upon the

48-26  Commission may be made at the principal office of the Real Estate

48-27  Division.

48-28     Sec. 97.  Chapter 648 of NRS is hereby amended by adding

48-29  thereto a new section to read as follows:

48-30     The activities of dog handlers, polygraphic examiners, private

48-31  investigators, private patrolmen, process servers, repossessors,

48-32  security consultants and security guards affect public safety and

48-33  welfare and is charged with the public interest, and is therefore

48-34  subject to protection and regulation by the State. For this purpose,

48-35  the Legislature delegates to the Private Investigator’s Licensing

48-36  Board the duty of enforcing the provisions of this chapter in the

48-37  interest of the public.

48-38     Sec. 98.  NRS 648.020 is hereby amended to read as follows:

48-39     648.020  1.  The Private Investigator’s Licensing Board,

48-40  consisting of the Attorney General or his deputy and four members

48-41  appointed by the Governor, is hereby created.

48-42     2.  The Governor shall appoint:

48-43     (a) One member who is a private investigator.

48-44     (b) One member who is a private patrolman.

48-45     (c) One member who is a polygraphic examiner.

49-1      (d) One member who is a representative of the general public.

49-2  This member must not be:

49-3          (1) A licensee; or

49-4          (2) A spouse, child or parent of a licensee.

49-5      3.  The Chairman of the Board is the Attorney General or a

49-6  deputy attorney general designated by the Attorney General to act in

49-7  that capacity.

49-8      4.  Each member of the Board, except the Chairman, is entitled

49-9  to receive:

49-10     (a) A salary of not more than $80, as fixed by the Board, for

49-11  each day or portion of a day during which he attends a meeting of

49-12  the Board; and

49-13     (b) A per diem allowance and travel expenses at a rate fixed by

49-14  the Board, while engaged in the business of the Board. The rate

49-15  must not exceed the rate provided for state officers and employees

49-16  generally.

49-17     5.  While engaged in the business of the Board, each employee

49-18  of the Board is entitled to receive a per diem allowance and travel

49-19  expenses at a rate fixed by the Board. The rate must not exceed the

49-20  rate provided for state officers and employees generally.

49-21     6.  The member who is a representative of the general public

49-22  shall not participate in preparing, conducting or grading any

49-23  examination required by the Board.

49-24     7.  Upon appointment, new members of the Board must be

49-25  provided with:

49-26     (a) A written summary of their duties and responsibilities as

49-27  members of the Board.

49-28     (b) Training on their duties and responsibilities by the

49-29  Attorney General. This training must include, but is not limited to,

49-30  instruction related to the audit of the Board required pursuant to

49-31  NRS 218.825.

49-32     Sec. 99.  NRS 648.025 is hereby amended to read as follows:

49-33     648.025  1.  The Board may:

49-34     [1.] (a) Appoint an Executive Director who:

49-35     [(a)](1) Is in the unclassified service of the State; and

49-36     [(b)]    (2) Shall perform such duties as the Board may prescribe;

49-37  and

49-38     [2.] (b) Employ investigators and clerical personnel necessary

49-39  to carry out the provisions of this chapter.

49-40     2.  The Board shall not employ a person or contract with a

49-41  person as an independent contractor if the person is the spouse,

49-42  child or parent of:

49-43     (a) A licensee; or

49-44     (b) A member or employee of the Board.

50-1      3.  If the Board employs a person as an Executive Director or

50-2  in a position with powers or duties similar to those of an Executive

50-3  Director, the person must possess a level of education or

50-4  experience, or a combination of both, to qualify the person to

50-5  perform the administrative and managerial tasks required of the

50-6  position.

50-7      Sec. 100.  Chapter 654 of NRS is hereby amended by adding

50-8  thereto a new section to read as follows:

50-9      The activities of administrators of facilities for long-term care

50-10  affect public safety and welfare and is charged with the public

50-11  interest, and is therefore subject to protection and regulation by

50-12  the State. For this purpose, the Legislature delegates to the

50-13  Nevada State Board of Examiners for Administrators of Facilities

50-14  for Long-Term Care the duty of enforcing the provisions of this

50-15  chapter in the interest of the public.

50-16     Sec. 101.  NRS 654.060 is hereby amended to read as follows:

50-17     654.060  1.  The Governor shall appoint:

50-18     (a) Two members who are nursing facility administrators.

50-19     (b) One member who is an administrator of a residential facility

50-20  for groups with less than seven clients.

50-21     (c) One member who is an administrator of a residential facility

50-22  for groups with seven or more clients.

50-23     (d) One member who is a member of the medical or paramedical

50-24  professions.

50-25     (e) One member who is a representative of the general public.

50-26  This member must not be:

50-27         (1) A nursing facility administrator or an administrator of a

50-28  residential facility for groups; or

50-29         (2) A spouse, child or parent of a nursing facility

50-30  administrator or an administrator of a residential facility for

50-31  groups.

50-32     2.  The member who is a representative of the general public

50-33  shall not participate in preparing, conducting or grading any

50-34  examination required by the Board.

50-35     3.  Upon appointment, new members of the Board must be

50-36  provided with:

50-37     (a) A written summary of their duties and responsibilities as

50-38  members of the Board.

50-39     (b) Training on their duties and responsibilities by the

50-40  Attorney General. This training must include, but is not limited to,

50-41  instruction related to the audit of the Board required pursuant to

50-42  NRS 218.825.

 

 

 

51-1      Sec. 102.  NRS 654.100 is hereby amended to read as follows:

51-2      654.100  1.  The Board shall hold at least one regular meeting

51-3  quarterly and may meet at such other times as a meeting may be

51-4  called by the Chairman or a majority of the membership.

51-5      2.  Four members of the Board constitute a quorum for the

51-6  transaction of business.

51-7      3.  Each member of the Board is entitled to receive a per diem

51-8  allowance and travel expenses at a rate fixed by the Board, while

51-9  engaged in the business of the Board. The rate must not exceed the

51-10  rate provided for state officers and employees generally.

51-11     4.  While engaged in the business of the Board, each employee

51-12  of the Board is entitled to receive a per diem allowance and travel

51-13  expenses at a rate fixed by the Board. The rate must not exceed the

51-14  rate provided for state officers and employees generally.

51-15     5.  The Board shall not employ a person or contract with a

51-16  person as an independent contractor if the person is the spouse,

51-17  child or parent of:

51-18     (a) A nursing facility administrator or an administrator of a

51-19  residential facility for groups; or

51-20     (b) A member or employee of the Board.

51-21     6.  If the Board employs a person as an Executive Director or

51-22  in a position with powers or duties similar to those of an Executive

51-23  Director, the person must possess a level of education or

51-24  experience, or a combination of both, to qualify the person to

51-25  perform the administrative and managerial tasks required of the

51-26  position.

51-27     Sec. 103.  NRS 656.020 is hereby amended to read as follows:

51-28     656.020  1.  It is hereby declared to be the policy of the

51-29  Legislature to:

51-30     (a) Encourage proficiency in the practice of court reporting as a

51-31  profession;

51-32     (b) Promote efficiency in court and general reporting; and

51-33     (c) Extend to the courts and public the protection afforded by a

51-34  standardized profession by establishing a standard of competency

51-35  for those engaged in it.

51-36     2.  The practice of court reporting in the State of Nevada is

51-37  declared to affect the public health, safety and welfare and is subject

51-38  to regulation and control in the public interest.

51-39     3.  For these purposes, the Legislature delegates to the

51-40  Certified Court Reporters’ Board of Nevada the duty of enforcing

51-41  the provisions of this chapter in the interest of the public.

51-42     Sec. 104.  NRS 656.050 is hereby amended to read as follows:

51-43     656.050  1.  The members of the Board must be appointed by

51-44  the Governor as follows:

52-1      [1.] (a) One member of the Board must be an active member of

52-2  the State Bar of Nevada.

52-3      [2.] (b) Two members of the Board, except members of the first

52-4  Board appointed, must be holders of certificates and must have been

52-5  actively engaged as court reporters within this state for at least 5

52-6  years immediately preceding their appointment.

52-7      2.  Upon appointment, new members of the Board must be

52-8  provided with:

52-9      (a) A written summary of their duties and responsibilities as

52-10  members of the Board.

52-11     (b) Training on their duties and responsibilities by the

52-12  Attorney General. This training must include, but is not limited to,

52-13  instruction related to the audit of the Board required pursuant to

52-14  NRS 218.825.

52-15     Sec. 105.  NRS 656.110 is hereby amended to read as follows:

52-16     656.110  1.  The Board is charged with the administration of

52-17  this chapter.

52-18     2.  The Board may appoint such committees as it considers

52-19  necessary or proper, and may employ, prescribe the duties and fix

52-20  the salary of an Executive Secretary who may be employed on a

52-21  part‑time basis, and may also employ such other persons as may be

52-22  necessary.

52-23     3.  All expenditures described in this section shall be paid from

52-24  fees collected under this chapter.

52-25     4.  The Board shall not employ a person or contract with a

52-26  person as an independent contractor if the person is the spouse,

52-27  child or parent of:

52-28     (a) A court reporter; or

52-29     (b) A member or employee of the Board.

52-30     5.  If the Board employs a person as an Executive Secretary or

52-31  in a position with powers or duties similar to those of an Executive

52-32  Secretary, the person must possess a level of education or

52-33  experience, or a combination of both, to qualify the person to

52-34  perform the administrative and managerial tasks required of the

52-35  position.

52-36     Sec. 106.  NRS 218.825 is hereby amended to read as follows:

52-37     218.825  1.  [Each of the boards and commissions] Except as

52-38  otherwise provided in subsection 2, each board or commission

52-39  created by the provisions of chapters 623 to 625A, inclusive, 628 to

52-40  644, inclusive, [and 641C,] 654 and 656 of NRS shall :

52-41     (a) If the revenue of the board or commission from all sources

52-42  is less than $50,000 for any fiscal year, prepare a balance sheet for

52-43  that fiscal year on the form provided by the Legislative Auditor

52-44  and file the balance sheet with the Legislative Auditor and the

52-45  Chief of the Budget Division of the Department of Administration

53-1  on or before December 1 following the end of that fiscal year. The

53-2  Legislative Auditor shall prepare and make available a form that

53-3  must be used by a board or commission to prepare such a balance

53-4  sheet.

53-5      (b) If the revenue of the board or commission from all sources

53-6  is $50,000 or more for any fiscal year, engagethe services of a

53-7  certified public accountant or public accountant, or firm of either of

53-8  such accountants, to audit all its fiscal records [once each year for

53-9  the preceding] for that fiscal year [or once every other year for the 2

53-10  preceding fiscal years. The cost of the audit must be paid by the

53-11  board or commission audited.

53-12     2.  A] and file a report of [each such audit must be filed by the

53-13  board or commission] the audit with the Legislative Auditor and the

53-14  [Director] Chief of the Budget Division of the Department of

53-15  Administration on or before December 1 [of each year in which an

53-16  audit is conducted. All audits] following the end of that fiscal year.

53-17     2.  In lieu of preparing a balance sheet or having an audit

53-18  conducted for a single fiscal year, a board or commission may

53-19  engage the services of a certified public accountant or public

53-20  accountant, or firm of either of such accountants, to audit all its

53-21  fiscal records for a period covering two successive fiscal years. If

53-22  such an audit is conducted, the board or commission shall file the

53-23  report of the audit with the Legislative Auditor and the Chief of

53-24  the Budget Division of the Department of Administration on or

53-25  before December 1 following the end of the second fiscal year.

53-26     3.  The cost of each audit conducted pursuant to subsection 1

53-27  or 2 must be paid by the board or commission that is audited. Each

53-28  such audit must be conducted in accordance with generally

53-29  accepted auditing standards and all financial statements must be

53-30  prepared in accordance with generally accepted principles of

53-31  accounting for special revenue funds.

53-32     [3.  The]

53-33     4.  Whether or not a board or commission is required to have

53-34  its fiscal records audited pursuant to subsection 1 or 2, the

53-35  Legislative Auditor shall audit the fiscal records of any such board

53-36  or commission whenever directed to do so by the Legislative

53-37  Commission. When the Legislative Commission directs such an

53-38  audit, it shall also determine who is to pay the cost of the audit.

53-39     5.  A person who is a state officer or employee of a board or

53-40  commission is guilty of nonfeasance if the person:

53-41     (a) Is responsible for preparing a balance sheet or having an

53-42  audit conducted pursuant to this section or is responsible for

53-43  preparing or maintaining the fiscal records that are necessary to

53-44  prepare a balance sheet or have an audit conducted pursuant to

53-45  this section; and

54-1      (b) Knowingly fails to prepare the balance sheet or have the

54-2  audit conducted pursuant to this section or knowingly fails to

54-3  prepare or maintain the fiscal records that are necessary

54-4  to prepare a balance sheet or have an audit conducted pursuant to

54-5  this section.

54-6      6.  In addition to any other remedy or penalty, a person who is

54-7  guilty of nonfeasance pursuant to this section forfeits his state

54-8  office or employment and may not be appointed to a state office or

54-9  position of state employment for a period of 2 years following the

54-10  forfeiture. The provisions of this subsection do not apply to a state

54-11  officer who may be removed from office only by impeachment

54-12  pursuant to Article 7 of the Nevada Constitution.

54-13     Sec. 107.  1.  The amendatory provisions of this act do not

54-14  abrogate or affect the current term of office of any member of a

54-15  board or commission who is serving in that term on October 1,

54-16  2003.

54-17     2.  Notwithstanding the amendatory provisions of this act, if a

54-18  person, on October 1, 2003, has a valid contract with a board or

54-19  commission to perform any services as an independent contractor

54-20  and the contract would otherwise violate the amendatory provisions

54-21  of this act, the person may continue to perform those services for the

54-22  board or commission under the terms of the contract in existence on

54-23  October 1, 2003, for the remaining term of the contract.

54-24     3.  Notwithstanding the amendatory provisions of this act, if a

54-25  person, on October 1, 2003, is employed by a board or commission

54-26  as an executive director or executive secretary or in a position with

54-27  powers or duties similar to those of an executive director or

54-28  executive secretary and the person does not possess the level of

54-29  education or experience, or a combination of both, to qualify the

54-30  person to perform the administrative and managerial tasks required

54-31  of the position in accordance with the amendatory provisions of this

54-32  act, the board or commission may continue to employ the person in

54-33  the position until July 1, 2005, without the person complying with

54-34  the amendatory provisions of this act.

 

54-35  H