2005 Nevada Revised Statutes - Chapter 635 — Podiatry

CHAPTER 635 - PODIATRY

GENERAL PROVISIONS

NRS 635.010 Definitions.

NRS 635.015 Applicability.

STATE BOARD OF PODIATRY

NRS 635.020 Creation;number, appointment and qualifications of members; compensation of members andemployees; certain members not to participate in examination.

NRS 635.030 Officers;regulations; expenses; record of transactions; seal.

NRS 635.035 Officesand employees of Board.

NRS 635.040 Depositof fees; payment of salaries and expenses; deposit of money from imposition ofcivil penalties; claim for attorneys fees or costs of investigation.

NRS 635.045 Fiscalyear; biennial audit.

LICENSES

NRS 635.050 Qualificationsand fees of applicants for examination.

NRS 635.053 Applicationto include social security number of applicant. [Repealed.]

NRS 635.056 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 635.056 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 635.060 Examination:Time; place; subjects; regulations to establish passing requirements.

NRS 635.070 Issuanceof license to successful applicants.

NRS 635.075 Limitedlicense: Application; fee; qualifications; limitations on practice; renewal;regulations.

NRS 635.082 Temporarylicense: Qualifications; application; examination; fees; regulations.

NRS 635.085 Authorizedactivities of licensed podiatric physician.

NRS 635.087 Useof title describing profession by licensed podiatric physician.

NRS 635.093 Podiatryhygienists: Requirements for license; fee; examination; admission withoutexamination.

NRS 635.097 Podiatryhygienists: Limitation on practice.

NRS 635.098 Podiatryhygienists: Authorized activities; required knowledge.

NRS 635.100 Displayof license.

NRS 635.110 Licenses:Expiration; renewal; delinquency; fees.

NRS 635.112 Boardto maintain records concerning applicants; contents.

NRS 635.115 Continuingeducation; certification in cardiopulmonary resuscitation.

DISCIPLINARY ACTION

NRS 635.130 Authorityof Board to take disciplinary action; grounds.

NRS 635.135 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 635.150 Disciplinaryproceedings: Majority vote of Board required; commencement required for certainviolations of Industrial Insurance Act.

NRS 635.155 Subpoenas:Issuance; enforcement.

NRS 635.158 Confidentialityof certain records of Board; exceptions.

ENFORCEMENT; UNLAWFUL ACTS

NRS 635.162 Injunctiverelief; order of court for limitation of practice or suspension of license;temporary restraining order.

NRS 635.167 Unlawfulacts.

NRS 635.170 Prosecutionof violation.

NRS 635.180 Penaltyfor unauthorized practice.

_________

 

GENERAL PROVISIONS

NRS 635.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Board means the State Board of Podiatry.

2. Podiatry is the diagnosis, prevention andtreatment of ailments of the human foot and leg.

3. Podiatry hygienist means a person engaged inassisting a podiatric physician.

[Part 1:149:1949; 1943 NCL 1077.1](NRS A 1969,905; 1971, 1024; 1977, 190; 1983, 377; 1985, 492; 1993, 2219)

NRS 635.015 Applicability.

1. This chapter does not apply:

(a) To commissioned surgeons of the United States Army,Navy or Marine Hospital Service in the actual performance of their officialduties.

(b) To physicians licensed in the State of Nevada.

2. This chapter does not prohibit the manufacture,recommendation, advertisement, demonstration or sale of arch-support shoes,foot appliances or remedies by retail dealers.

[Part 1:149:1949; 1943 NCL 1077.1] + [16:149:1949;1943 NCL 1077.16](NRS A 1969, 908; 1985, 497)(Substituted in revision forNRS 635.160)

STATE BOARD OF PODIATRY

NRS 635.020 Creation;number, appointment and qualifications of members; compensation of members andemployees; certain members not to participate in examination.

1. The State Board of Podiatry, consisting of fivemembers appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Three members who are licensed podiatric physiciansin the State of Nevada.

(b) One member who represents the interests of personsor agencies that regularly provide health care to patients who are indigent,uninsured or unable to afford health care. This member may be licensed underthe provisions of this chapter.

(c) One member who is a representative of the generalpublic. This member must not be:

(1) A licensed podiatric physician in the Stateof Nevada; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a licensed podiatric physician in the State of Nevada.

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

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

4. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

5. If a member is not licensed under the provisions ofthis chapter, the member shall not participate in preparing, conducting orgrading any examination required by the Board.

[Part 2:149:1949; 1943 NCL 1077.2](NRS A 1963,153; 1969, 906; 1975, 304; 1977, 1253; 1979, 1868; 1981, 1993; 1985, 492; 1987,1853; 1989, 1699; 1993, 2219; 2003, 1194)

NRS 635.030 Officers;regulations; expenses; record of transactions; seal.

1. The Board shall elect from among its members aPresident, a Vice President, a Secretary and a Treasurer. The members mayassign the duties of the Treasurer and the Secretary to one person who must bedesignated the Secretary-Treasurer.

2. The Board shall adopt regulations to carry out theprovisions of this chapter.

3. The Board shall not incur any expenses which exceedthe money received from time to time as fees provided by law.

4. The Board shall keep and preserve a complete recordof all its transactions.

5. The Board may adopt a seal of which any court ofthis State may take judicial notice.

[3:149:1949; 1943 NCL 1077.3] + [Part 9:149:1949;1943 NCL 1077.9] + [Part 10:149:1949; 1943 NCL 1077.10](NRS A 1985, 493;1987, 1857)

NRS 635.035 Officesand employees of Board. The Board may:

1. Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter.

2. Employ attorneys, investigators and otherprofessional consultants and clerical personnel necessary to the discharge ofits duties.

(Added to NRS by 1963, 153)

NRS 635.040 Depositof fees; payment of salaries and expenses; deposit of money from imposition ofcivil penalties; claim for attorneys fees or costs of investigation.

1. All fees provided for in this chapter must be paidto the Treasurer of the Board, who shall deposit the fees in banks, creditunions or savings and loan associations in this State. All of the salaries andexpenses for the operation of the Board must be paid from the fees.

2. The Board shall deposit the money collected fromthe imposition of civil penalties with the State Treasurer for credit to theState General Fund, and may present a claim to the State Board of Examiners forrecommendation to the Interim Finance Committee if money is needed to payattorneys fees or the costs of an investigation, or both.

[Part 9:149:1949; 1943 NCL 1077.9](NRS A 1963,153; 1987, 1858; 1999,1533)

NRS 635.045 Fiscalyear; biennial audit. The Board shall:

1. Operate on the basis of a fiscal year commencing onJuly 1 and terminating on June 30; and

2. Audit its fiscal records once every 2 years.

(Added to NRS by 1963, 153; A 1983, 378)

LICENSES

NRS 635.050 Qualificationsand fees of applicants for examination.

1. Any person desiring to practice podiatry in thisState must furnish the Board with satisfactory proof that he:

(a) Is of good moral character.

(b) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(c) Has received the degree of D.P.M., Doctor ofPodiatric Medicine, from an accredited school of podiatry.

(d) Has completed a residency approved by the Board.

(e) Has passed the examination given by the NationalBoard of Podiatric Medical Examiners.

(f) Has not committed any act described in subsection 2of NRS 635.130. For the purposes of thisparagraph, an affidavit signed by the applicant stating that he has notcommitted any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

2. An applicant is entitled to be examined by the Boardor a committee thereof pursuant to such regulations as the Board may adopt ifhe:

(a) Pays the fee for an application for a license ofnot more than $600;

(b) Pays the fee for the examination for a license ofnot more than $200;

(c) Submits proof satisfactory to the Board as requiredby subsection 1; and

(d) Submits all information required to complete anapplication for a license.

The Boardshall, by regulation, establish the fees required to be paid pursuant to thissubsection.

3. The Board may reject an application if it appearsthat the applicants credentials are fraudulent or the applicant has practicedpodiatry without a license or committed any act described in subsection 2 of NRS 635.130.

4. The Board may require such further documentation orproof of qualification as it may deem proper.

5. The provisions of this section do not apply to aperson who applies for a limited license to practice podiatry pursuant to NRS 635.075.

[Part 4:149:1949; 1943 NCL 1077.4](NRS A 1960,325; 1969, 906; 1977, 131, 1565; 1983, 378; 1985, 493; 1987, 1853; 1993, 2220;1995, 869; 1997, 2135; 2003,673; 2005, 2733,2807, 2813)

NRS 635.053 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 635.056 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license topractice podiatry or to practice as a podiatry hygienist shall include thesocial security number of the applicant in the application submitted to theBoard.

(b) An applicant for the issuance or renewal of alicense to practice podiatry or to practice as a podiatry hygienist shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice podiatry or to practice as apodiatry hygienist may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2134; A 2005, 2734, 2807)

NRS 635.056 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practicepodiatry or to practice as a podiatry hygienist shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice podiatry or to practice as apodiatry hygienist may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2134; A 2005, 2734, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 635.060 Examination:Time; place; subjects; regulations to establish passing requirements.

1. The Board shall hold at least one examination eachyear to examine applicants under this chapter. The Board shall establish thetime and place for the examination.

2. The Board shall provide such books, blanks andforms as may be necessary to conduct the examination.

3. The examination for licensure under this chaptermust be in the English language, written, oral or clinical, as the Board maydetermine. The examination for podiatric physicians may include the followingsubjects: Anesthesia and medications, bacteriology, clinical podiatry,dermatology, diagnosis and treatment, laboratory, neurology, orthopedics,pathology, pharmacology, including pharmacodynamics and materia medica,sterilization and sterile technique, surgery, surgical anatomy, X ray, and suchother subjects pertaining to the treatment of the foot and leg as the Board maydetermine.

4. The Board shall establish by regulation therequirements for passing the examination.

[Part 10:149:1949; 1943 NCL 1077.10](NRS A 1969,906; 1971, 1025; 1977, 131; 1985, 494; 1987, 1854; 1993, 2220)

NRS 635.070 Issuanceof license to successful applicants. Withoutunnecessary delay after the examination, the Board shall act on theexamination. If an applicant is found qualified, he must be issued a license topractice podiatry, or as a podiatry hygienist, as the case may be.

[Part 4:149:1949; 1943 NCL 1077.4] + [Part10:149:1949; 1943 NCL 1077.10](NRS A 1969, 906; 1971, 1025; 1985, 494; 1987,1854)

NRS 635.075 Limitedlicense: Application; fee; qualifications; limitations on practice; renewal;regulations.

1. The Board shall issue a limited license to practicepodiatry pursuant to this section to each applicant who complies with theprovisions of this section.

2. An applicant for a limited license to practicepodiatry must submit to the Board:

(a) An application on a form provided by the Board;

(b) A fee in the amount of the fee for an applicationfor a license required pursuant to paragraph (a) of subsection 2 of NRS 635.050; and

(c) Satisfactory proof that he:

(1) Is of good moral character;

(2) Is a citizen of the United States or islawfully entitled to remain and work in the United States;

(3) For not less than 25 years:

(I) Was licensed to practice podiatry inone or more states or the District of Columbia and practiced podiatry duringthe period each such license was in effect; and

(II) Remained licensed in good standing atall times during the period he was licensed to practice podiatry; and

(4) Has not committed any act described insubsection 2 of NRS 635.130. For thepurposes of this subparagraph, an affidavit signed by the applicant statingthat he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

3. An applicant for a limited license is not requiredto be licensed to practice podiatry in another state or the District ofColumbia when he submits the application for a limited license to the Board.

4. A person who is issued a limited license pursuantto this section may practice podiatry only under the direct supervision of apodiatric physician who is licensed pursuant to this chapter and who does nothold a limited license issued pursuant to this section.

5. A limited license issued pursuant to this section:

(a) Is effective upon issuance; and

(b) May be renewed in the manner prescribed in NRS 635.110.

6. The Board may:

(a) Place such restrictions and conditions upon alimited license issued pursuant to this section as the Board deems appropriate;and

(b) Adopt regulations to carry out the provisions ofthis section.

(Added to NRS by 2003, 672)

NRS 635.082 Temporarylicense: Qualifications; application; examination; fees; regulations.

1. A graduate of an accredited school of podiatry may,during his residency, be granted a temporary license to practice podiatry underthe direct supervision of a podiatric physician licensed to practice in thisState. A temporary license must not be effective for more than 1 year and isnot renewable.

2. An applicant for a temporary license must furnishthe Board with satisfactory proof that he:

(a) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(b) Has received the degree of D.P.M. (Doctor ofPodiatric Medicine) from an accredited school of podiatry.

(c) Has passed the examination given by the NationalBoard of Podiatry Examiners.

3. Upon payment of a fee, not exceeding $600, whichmust be established by regulation of the Board, and the presentation ofsatisfactory proof as required by subsection 2, an applicant is entitled to beexamined by the Board or a committee thereof pursuant to such regulations asthe Board may adopt.

4. The Board may by regulation govern the issuance andconditions of the temporary license.

(Added to NRS by 1987, 1852; A 1993, 2221; 1995, 869)

NRS 635.085 Authorizedactivities of licensed podiatric physician.

1. Except as otherwise provided in subsection 2, apodiatric physician licensed by the Board may:

(a) Administer electricity to the foot or leg by meansincluding electrodes, machinery and rays.

(b) Use his hands and machinery to work upon the footor leg and its articulations.

(c) Apply any mechanical appliance to the foot or legor in the shoe to treat any disease, deformity or ailment.

(d) Apply pads, adhesives, felt, plasters and anymedicine to the foot and leg.

(e) Prescribe and dispense controlled substances anddangerous drugs.

(f) Construct models of the feet.

(g) Administer a local anesthetic.

(h) Use any cutting instrument to treat a disease,ailment or condition.

(i) Treat the effects of a systemic disease upon thefoot or leg.

(j) Amputate a toe if he:

(1) Performs the amputation in a hospital asdefined in NRS 449.012 or a surgicalcenter for ambulatory patients as defined in NRS449.019;

(2) Is authorized by the hospital or surgicalcenter to perform the amputation;

(3) Has completed a program of surgical trainingas a resident and provides proof satisfactory to the hospital or surgicalcenter of his completion of the program;

(4) Complies with any other requirementsestablished by the hospital or surgical center; and

(5) Performs the amputation in accordance withthe standard of care required for a physician licensed pursuant to chapter 630, 630Aor 633 of NRS.

2. A podiatric physician shall not:

(a) Treat any other effect of a systemic disease unlessthe disease originates in the foot or leg.

(b) Amputate a leg or foot.

(Added to NRS by 1983, 377; A 1985, 494; 1993, 2221; 2001, 1829)

NRS 635.087 Useof title describing profession by licensed podiatric physician. A person who is licensed to practice podiatry pursuant tothis chapter may use any title which describes the profession, including,without limitation, D.P.M., Podiatrist, Podiatric Physician, PodiatricPhysician-Surgeon or Physician-Surgeon D.P.M.

(Added to NRS by 1993, 2219)

NRS 635.093 Podiatryhygienists: Requirements for license; fee; examination; admission withoutexamination.

1. Any person desiring to be licensed as a podiatryhygienist in this State must furnish the Board with satisfactory proof that he:

(a) Is of good moral character.

(b) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(c) Has satisfactorily completed a course for podiatryhygienists approved by the Board or has had 6 months or more of training in apodiatric physicians office as approved by the Board.

2. Upon payment of a fee, not exceeding $100, whichmust be established by regulation of the Board, presenting satisfactory proofas required by subsection 1 and submitting all information required to completean application for a license, an applicant, not exempted under subsection 3,must be examined by the Board or a committee thereof under such regulations asthe Board may adopt.

3. The Board may, without examination, admit topractice as a podiatry hygienist a person who is employed by a podiatricphysician and is:

(a) A registered nurse; or

(b) A licensed practical nurse whom the Board or any ofits members have interviewed and observed in the use of practical skills.

(Added to NRS by 1971, 1024; A 1977, 132; 1979, 1868;1985, 495; 1987, 1858; 1993, 2221; 1997, 2136; 2005, 2735, 2807)

NRS 635.097 Podiatryhygienists: Limitation on practice. The holderof a valid and active license to practice as a podiatry hygienist may beemployed as a podiatry hygienist in this State only in the office of a licensedpodiatric physician.

(Added to NRS by 1971, 1024; A 1979, 1869; 1987,1854; 1993, 2222)

NRS 635.098 Podiatryhygienists: Authorized activities; required knowledge.

1. Any podiatry hygienist in the employ and under thedirection of a podiatric physician may:

(a) Apply orthopedic padding.

(b) Administer to patients by means ofphysiotherapeutic equipment.

(c) Make up surgical packs.

(d) Strap and cast for orthopedic appliances.

(e) Take and develop X rays.

(f) Assist in foot surgery.

(g) Administer oral medications.

2. The Board may require that every podiatry hygienisthave a general knowledge of sterile techniques, aseptic maintenance of surgeryrooms, emergency treatments, podiatric nomenclature and podiatric surgicalprocedure.

(Added to NRS by 1977, 133; A 1985, 495; 1993, 2222)

NRS 635.100 Displayof license. Every person practicing podiatryor practicing as a podiatry hygienist shall, upon receiving the licenseprovided for by this chapter, cause the license to be conspicuously displayedat all times in every office maintained by him or in which he practices in thisState.

[Part 6:149:1949; 1943 NCL 1077.6](NRS A 1969,907; 1971, 1025; 1987, 1854)

NRS 635.110 Licenses:Expiration; renewal; delinquency; fees.

1. A license issued under the provisions ofthis chapter expires on October 31 of each year. A license may be renewedbefore its expiration upon presentation of proof of:

(a) Completion of the hours of continuing educationrequired pursuant to NRS 635.115;

(b) Current certification in the techniques ofadministering cardiopulmonary resuscitation;

(c) Submission of all information required to completethe renewal; and

(d) Payment of a renewal fee in an amount not to exceed$600 for a podiatric physician and not to exceed $100 for a podiatry hygienist.The Board shall, by regulation, establish the amount of each fee.

2. A license which is not renewed by October 31 ofeach year is delinquent. A delinquent license may be reinstated, at thediscretion of the Board, upon payment of the appropriate annual renewal fee andan additional annual fee for delinquency in an amount established by the Board.

[5:149:1949; 1943 NCL 1077.5] + [Part 6:149:1949;1943 NCL 1077.6] + [7:149:1949; 1943 NCL 1077.7](NRS A 1960, 325; 1969,907; 1971, 1025; 1977, 132; 1979, 1869; 1985, 496; 1987, 1855; 1993, 2222;1997, 2136; 2005,2735, 2807)

NRS 635.112 Boardto maintain records concerning applicants; contents. TheBoard shall maintain records concerning the applicants to whom licenses havebeen issued or denied. Each such record must include:

1. The name and address of the applicant;

2. The name of the school which granted a diploma tothe applicant and the date on which it was granted; and

3. The date of the issuance or denial of the license.

(Added to NRS by 1987, 1857)

NRS 635.115 Continuingeducation; certification in cardiopulmonary resuscitation.

1. Every even-numbered year each podiatric physicianmust, at the time of paying the annual renewal fee, present to the Secretary ofthe Board satisfactory evidence that during the preceding 2 years he attendedat least 50 hours of instruction in courses approved by the Board for purposesof continuing professional education and is currently certified in thetechniques of administering cardiopulmonary resuscitation. The Board may waiveall or part of the requirement of continuing education in a particular year ifthe podiatric physician was prevented from that attendance by circumstancesbeyond his control.

2. If a podiatric physician fails to provide proof ofhis continuing education and does not obtain a waiver from the Board, hislicense must not be renewed.

(Added to NRS by 1979, 1868; A 1985, 497; 1987, 1856;1993, 2222)

DISCIPLINARY ACTION

NRS 635.130 Authorityof Board to take disciplinary action; grounds.

1. The Board, after notice and a hearing as requiredby law, and upon any cause enumerated in subsection 2, may take one or more ofthe following disciplinary actions:

(a) Deny an application for a license or refuse torenew a license.

(b) Suspend or revoke a license.

(c) Place a licensee on probation.

(d) Impose a fine not to exceed $5,000.

2. The Board may take disciplinary action against alicensee for any of the following causes:

(a) The making of a false statement in any affidavitrequired of the applicant for application, examination or licensure pursuant tothe provisions of this chapter.

(b) Lending the use of the holders name to anunlicensed person.

(c) If the holder is a podiatric physician, hispermitting an unlicensed person in his employ to practice as a podiatryhygienist.

(d) Habitual indulgence in the use of alcohol or anycontrolled substance which impairs the intellect and judgment to such an extentas in the opinion of the Board incapacitates the holder in the performance ofhis professional duties.

(e) Conviction of a crime involving moral turpitude.

(f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

(g) Conduct which in the opinion of the Boarddisqualifies him to practice with safety to the public.

(h) The commission of fraud by or on behalf of thelicensee regarding his license or practice.

(i) Gross incompetency.

(j) Affliction of the licensee with any mental orphysical disorder which seriously impairs his competence as a podiatric physicianor podiatry hygienist.

(k) False representation by or on behalf of thelicensee regarding his practice.

(l) Unethical or unprofessional conduct.

(m) Willful or repeated violations of this chapter orregulations adopted by the Board.

(n) Willful violation of the regulations adopted by theState Board of Pharmacy.

[12:149:1949; 1943 NCL 1077.12](NRS A 1969, 908;1971, 1026, 2037, 2049; 1977, 133; 1979, 960; 1981, 595; 1983, 378; 1985, 497;1987, 802, 1563, 1856; 1993, 789, 887, 2223; 1995, 870; 2003, 3449; 2005, 769)

NRS 635.135 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense to practice podiatry or to practice as a podiatry hygienist, the Boardshall deem the license issued to that person to be suspended at the end of the30th day after the date on which the court order was issued unless the Boardreceives a letter issued to the holder of the license by the district attorneyor other public agency pursuant to NRS425.550 stating that the holder of the license has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to practicepodiatry or to practice as a podiatry hygienist that has been suspended by adistrict court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license was suspended stating that the person whose license wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2134; A 2005, 2807)

NRS 635.150 Disciplinaryproceedings: Majority vote of Board required; commencement required for certainviolations of Industrial Insurance Act.

1. A decision by the Board in a disciplinaryproceeding must be made by a majority vote of the members of the Board.

2. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives areport pursuant to subsection 5 of NRS228.420, a disciplinary proceeding regarding the report must be commencedwithin 30 days after the Board receives the report.

[14:149:1949; 1943 NCL 1077.14](NRS A 1993, 790; 2005, 770)

NRS 635.155 Subpoenas:Issuance; enforcement.

1. The Board may issue subpoenas for the attendance ofwitnesses and the production of books and papers.

2. The district court, in and for the county in whichany hearing is held, may compel the attendance of witnesses, the giving oftestimony and the production of books and papers as required by any subpoenaissued by the Board.

(Added to NRS by 1985, 492)

NRS 635.158 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

4. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2003, 3448; A 2005, 770)

ENFORCEMENT; UNLAWFUL ACTS

NRS 635.162 Injunctiverelief; order of court for limitation of practice or suspension of license;temporary restraining order.

1. In addition to any other remedy provided by law,the Board, through its President, Secretary or the Attorney General, may applyto any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of apodiatric physician which is harmful to the public;

(b) To enjoin any person who is not licensed under thischapter from practicing podiatry;

(c) To limit the podiatric physicians practice orsuspend his license to practice podiatry; or

(d) To enjoin the use of the title D.P.M.,Podiatrist, Podiatric Physician, Podiatric Physician-Surgeon orPhysician-Surgeon D.P.M. when not licensed by the Board pursuant to thischapter, unless the use is otherwise authorized by a specific statute.

2. The court in a proper case may issue a temporaryrestraining order or a preliminary injunction for the purposes set forth insubsection 1:

(a) Without proof of actual damage sustained by anyperson;

(b) Without relieving any person from criminalprosecution for engaging in the practice of podiatry without a license; and

(c) Pending proceedings for disciplinary action by theBoard.

(Added to NRS by 1987, 1852; A 1993, 2224)

NRS 635.167 Unlawfulacts. Any person who:

1. Presents to the Board as his own the diploma,license or credentials of another;

2. Gives either false or forged evidence of any kindto the Board;

3. Practices podiatry under a false or assumed name orfalsely personates another licensee;

4. Except as otherwise provided by specific statute,practices podiatry without being licensed under this chapter; or

5. Uses the title D.P.M., Podiatrist, PodiatricPhysician, Podiatric Physician-Surgeon or Physician-Surgeon D.P.M. whennot licensed by the Board pursuant to this chapter, unless otherwise authorizedby a specific statute,

is guilty ofa gross misdemeanor.

(Added to NRS by 1987, 1853; A 1993, 2224)

NRS 635.170 Prosecutionof violation.

1. The Board shall report any violation of thischapter to the district attorney of the county wherein the violation occurs.

2. The district attorney shall promptly prosecute anyperson violating any provision of this chapter.

[Part 15:149:1949; 1943 NCL 1077.15](NRS A 1959,183; 1969, 909; 1971, 1027; 1985, 498)

NRS 635.180 Penaltyfor unauthorized practice. Except as otherwiseprovided in NRS 635.167, every personwho practices podiatry or as a podiatry hygienist without having complied withthe provisions of this chapter must be fined not more than $10,000 for eachoffense.

[Part 15:149:1949; 1943 NCL 1077.15](NRS A 1967,642; 1969, 909; 1971, 1027; 1977, 133; 1987, 1857; 1993, 887; 2003, 3449)

 

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