NRS 640B.170 Creation;appointment and qualifications of members; terms, vacancies and removal fromoffice; limitations on civil liability; representative of general public not toparticipate in examination.

NRS 640B.180 Professionalassociations to submit lists of persons qualified for membership on Board.

NRS 640B.190 Electionof Chairman; meetings; quorum.

NRS 640B.200 Employmentof Executive Secretary and other personnel; members of Board not entitled tosalary; payment of per diem allowance and travel expenses.

NRS 640B.210 Fiscalyear.

NRS 640B.220 Paymentof expenses; deposit of money; delegation of authority to take disciplinary action;deposit of fines imposed by Board; presentment of claims for attorneys feesand costs of investigation.

General Powers and Duties

NRS 640B.250 Preparation,maintenance and disclosure of certain information regarding applicants andlicensees; record of proceedings and transactions; seal; enforcement ofchapter.

NRS 640B.260 Adoptionof regulations.

NRS 640B.270 Inspectionof offices and facilities of persons practicing athletic training.

LICENSES

General Provisions

NRS 640B.300 Licenserequired to practice athletic training; certain acts prohibited withoutlicense; exception for certain student athletic trainers; injunctions againstunlicensed activities.

NRS 640B.310 Requirementsfor licensure: Qualifications; application; fingerprints; fees; examination;exceptions and limitations.

NRS 640B.320 Preparationof examinations.

NRS 640B.330 Licensureof persons who are licensed in other jurisdictions.

NRS 640B.340 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 640B.340 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 640B.350 Displayof license.

Scope of Practice

NRS 640B.370 Requirementsto conduct evaluation of athletic injury or perform joint mobilization;authority to perform passive range of motion or passive joint range of motion.

Expiration and Renewal; Fees

NRS 640B.400 Expirationof licenses; procedure for renewal.

NRS 640B.410 Fees.

DISCIPLINARY ACTION

NRS 640B.700 Grounds;authorized disciplinary action; private reprimands prohibited; orders imposingdiscipline deemed public records.

NRS 640B.710 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 640B.720 Investigationsand hearings; examination of witnesses; payment of fees and mileage; issuanceand enforcement of subpoenas.

NRS 640B.730 Confidentialityof certain records of Board; exceptions.

UNLAWFUL ACTS; PENALTIES

NRS 640B.900 Unlawfulacts; penalties; prosecution by district attorney.

_________

GENERAL PROVISIONS

NRS 640B.003 Legislativedeclaration. The practice of athletic trainingis hereby declared to be a learned profession, affecting public health, safetyand welfare, and subject to regulation to protect the public from the practiceof athletic training by unqualified persons and from unprofessional conduct bypersons who are licensed to engage in the practice of athletic training.

(Added to NRS by 2003, 896)

NRS 640B.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS640B.011 to 640B.120, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 893)

NRS 640B.011 Assessmentdefined. Assessment includes taking themedical history of a patient, visually inspecting the injured portion of thebody and the associated structures, palpating the bony landmarks and softtissue and applying special tests to systematically assess the pathology andextent of the injury or condition.

(Added to NRS by 2003, 894)

NRS 640B.015 Athletedefined. Athlete means a natural person who:

1. Participates in an athletic activity conducted by:

(a) An intercollegiate athletic association orinterscholastic athletic association; or

(b) A professional athletic organization; or

2. Participates in a recreational sport activity that:

(a) Has officially designated coaches;

(b) Conducts regularly scheduled practices or workoutsthat are supervised by coaches; and

(Added to NRS by 2003, 894)

NRS 640B.021 Athleticinjury defined. Athletic injury means an injuryor athletic-related illness, or both, that a person sustains as a result of:

1. His participation in an athletic activity conductedby:

(a) An intercollegiate athletic association orinterscholastic athletic association; or

(b) A professional athletic organization; or

2. His participation in a recreational sport activitythat:

(a) Has officially designated coaches;

(b) Conducts regularly scheduled practices or workoutsthat are supervised by coaches; and

(Added to NRS by 2003, 894)

NRS 640B.025 Boarddefined. Board means the Board of AthleticTrainers.

(Added to NRS by 2003, 894)

NRS 640B.031 Directiondefined. Direction means an order issued bya physician to follow as a protocol, recommendation or oral order that isdocumented by the licensed athletic trainer or physician, or both.

(Added to NRS by 2003, 894)

NRS 640B.035 Dispositiondefined. Disposition means the applicationof accepted management techniques to provide the appropriate care and resourcesconcerning an athletic injury.

(Added to NRS by 2003, 894)

NRS 640B.041 Evaluationdefined. Evaluation includes, without limitation,the use of joint range of motion, manual muscle tests, ligamentous stresstests, neurological tests and functional capacity assessments.

(Added to NRS by 2003, 894)

NRS 640B.045 Grade5 joint mobilization defined. Grade 5 jointmobilization means the movement of a joint beyond its physiological andcapsular end point.

(Added to NRS by 2003, 894)

NRS 640B.051 Graduatestudent athletic trainer defined. Graduatestudent athletic trainer means a graduate student who:

1. Is enrolled in a graduate program of study approvedby the Board; and

2. Engages in the practice of athletic training underthe supervision of a licensed athletic trainer.

(Added to NRS by 2003, 894)

NRS 640B.055 Jointmobilization defined. Joint mobilizationmeans a learned, skilled, passive movement of articulating surfaces of a personto relieve pain and restore functional movement of the articulating surfaceswithout pain to the person. The term does not include:

1. The diagnosis of a physical disability;

2. The massaging of the superficial soft tissues ofthe body;

3. The use of X rays or radium;

4. The use of electricity for cauterization orsurgery;

5. Chiropractic adjustment as defined in NRS 634.014; or

6. Grade 5 joint mobilization.

(Added to NRS by 2003, 894)

NRS 640B.060 Licensedefined. License means a license issued pursuantto the provisions of this chapter.

(Added to NRS by 2003, 895)

NRS 640B.065 Licenseedefined. Licensee means a person who hasbeen issued a license as an athletic trainer pursuant to the provisions of thischapter.

(Added to NRS by 2003, 895)

NRS 640B.070 Managementdefined. Management means the act ofcontrolling or influencing an injury, illness or condition.

(Added to NRS by 2003, 895)

NRS 640B.075 Passivejoint range of motion defined. Passive jointrange of motion means any movement of an articulating surface of a personwithout the active assistance of that person, which is performed with equipmentor by another person.

(Added to NRS by 2003, 895)

NRS 640B.081 Passiverange of motion defined. Passive range of motionmeans any movement of a part of a person without the active assistance of thatperson, which is performed with equipment or by another person.

(Added to NRS by 2003, 895)

NRS 640B.085 Physiciandefined. Physician means:

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

2. An osteopathic physician licensed pursuant to chapter 633 of NRS;

3. A homeopathic physician licensed pursuant to chapter 630A of NRS;

4. A chiropractic physician licensed pursuant to chapter 634 of NRS; or

5. A podiatric physician licensed pursuant to chapter 635 of NRS.

(Added to NRS by 2003, 895)

NRS 640B.090 Practiceof athletic training defined.

1. Practice of athletic training means:

(a) The prevention, recognition, assessment,management, treatment, disposition or reconditioning of the athletic injury ofan athlete:

(1) Whose condition is within the professionalpreparation and education of the licensed athletic trainer; and

(2) That is performed under the direction of aphysician;

(b) The organization and administration of programs ofathletic training;

(d) The provision of information relating to athletictraining to members of the public; or

(e) Any combination of the activities described in paragraphs(a) to (d), inclusive.

2. The term does not include the diagnosis of aphysical disability, massaging of the superficial soft tissues of the body orthe use of X rays, radium or electricity for cauterization or surgery.

(Added to NRS by 2003, 895)

NRS 640B.095 Preventiondefined. Prevention means the applicationand implementation of physical conditioning programs, preparticipationscreening and the monitoring of risk factors that may cause an athletic injury.

(Added to NRS by 2003, 895)

NRS 640B.101 Recognitiondefined. Recognition means the applicationof visual, verbal or tactile skills to acknowledge the presence of an injury,illness or other condition with an understanding of the predisposing factors ofinjury and pathomechanics, which assists in the assessment of the injury,illness or other condition.

(Added to NRS by 2003, 895)

NRS 640B.105 Reconditioningdefined. Reconditioning means theapplication of practical and didactic knowledge and functional criteria toevaluate readiness for return to partial or full activities.

(Added to NRS by 2003, 895)

NRS 640B.111 Studentathletic trainer defined. Student athletictrainer means an undergraduate student who:

1. Is enrolled in an undergraduate program of studyapproved by the Board; and

2. Engages in the practice of athletic training underthe supervision of a licensed athletic trainer.

(Added to NRS by 2003, 896)

NRS 640B.115 Supervisiondefined. Supervision means clinical on-sitedirection given by a licensed athletic trainer to a student athletic trainer orgraduate student athletic trainer who is in the direct line of sight and withinhearing distance of the licensed athletic trainer.

(Added to NRS by 2003, 896)

NRS 640B.120 Treatmentdefined. Treatment means the application ofthe necessary knowledge and skills to assess an injury, illness or othercondition and provide appropriate care.

(Added to NRS by 2003, 896)

NRS 640B.145 Applicabilityof chapter. The provisions of this chapter donot apply to:

1. A person who is licensed pursuant to chapters 630 to 637,inclusive, or chapter 640 or 640A of NRS, when acting within the scope of thatlicense.

2. A person who is employed by the Federal Governmentand engages in the practice of athletic training within the scope of thatemployment.

3. A person who is employed as an athletic traineroutside this state when engaging in the practice of athletic training withinthe scope of that employment in connection with an athletic event held in thisstate.

(Added to NRS by 2003, 896)

NRS 640B.155 Licenseis revocable privilege; holder acquires no vested right. A license issued pursuant to the provisions of thischapter is a revocable privilege, and the holder of the license does notacquire thereby any vested right.

(Added to NRS by 2003, 896)

BOARD OF ATHLETIC TRAINERS

Organization and Administration

1. The Board of Athletic Trainers is hereby created.

2. The Governor shall appoint to the Board:

(a) Three members who:

(1) Are licensed as athletic trainers pursuantto the provisions of this chapter; and

(2) Have engaged in the practice of athletictraining or taught or conducted research concerning the practice of athletictraining for the 5 years immediately preceding their appointment;

(b) One member who is licensed as a physical therapistpursuant to chapter 640 of NRS and who is alsolicensed as an athletic trainer pursuant to this chapter; and

3. Each member of the Board:

(a) Must be a resident of this State; and

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

4. After the initial terms, the members of the Boardmust be appointed to terms of 3 years.

5. A vacancy on the Board must be filled in the samemanner as the original appointment.

6. The Governor may remove a member of the Board forincompetence, neglect of duty, moral turpitude or malfeasance in office.

7. No member of the Board may be held liable in acivil action for any act he performs in good faith in the execution of hisduties pursuant to the provisions of this chapter.

8. The member of the Board who is a representative ofthe public shall not participate in preparing or grading any examinationrequired by the Board.

(Added to NRS by 2003, 896)

NRS 640B.180 Professionalassociations to submit lists of persons qualified for membership on Board.

1. For the appointment of any member to the Boardpursuant to paragraph (a) of subsection 2 of NRS 640B.170, the Nevada AthleticTrainers Association, or its successor organization, shall, at least 30 daysbefore the beginning of a term of a member of the Board, or within 30 daysafter a position on the Board becomes vacant, submit to the Governor the namesof not less than three persons or more than five persons who are qualified formembership on the Board for each such position. The Governor shall appoint newmembers or fill a vacancy from the list, or request a new list.

2. For the appointment of a member to the Boardpursuant to paragraph (b) of subsection 2 of NRS 640B.170, the Nevada PhysicalTherapists Association, or its successor organization, and the Nevada AthleticTrainers Association, or its successor organization, shall, at least 30 daysbefore the beginning of a term of a member of the Board, or within 30 daysafter a position on the Board becomes vacant, jointly prepare and submit to theGovernor a list of the names of not less than three persons or more than fivepersons who are qualified for membership on the Board for that position. TheGovernor shall appoint a new member or fill a vacancy from the list, or requesta new list.

3. If the Nevada Athletic Trainers Association or theNevada Physical Therapists Association, or the successor of any suchorganization, fails to submit nominations for a position on the Board withinthe periods prescribed in this section, the Governor may appoint any qualifiedperson.

(Added to NRS by 2003, 897)

NRS 640B.190 Electionof Chairman; meetings; quorum.

1. The Board shall:

(a) Elect from its members a Chairman at the firstmeeting of each year; and

(b) Meet at least three times each year at the call ofthe Chairman of the Board, or upon the written request of at least threemembers of the Board.

2. A majority of the members of the Board constitutesa quorum for the transaction of the business of the Board.

(Added to NRS by 2003, 897)

NRS 640B.200 Employmentof Executive Secretary and other personnel; members of Board not entitled tosalary; payment of per diem allowance and travel expenses.

1. The Board may employ an Executive Secretary and anyother persons necessary to carry out its duties.

2. The members of the Board are not entitled toreceive a salary.

3. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive a per diem allowanceand travel expenses at a rate fixed by the Board. The rate must not exceed the rateprovided for officers and employees of this State generally.

(Added to NRS by 2003, 898)

NRS 640B.210 Fiscalyear. The Board shall operate on the basis ofa fiscal year beginning on July 1 and ending on June 30.

(Added to NRS by 2003, 898)

1. Except as otherwise provided in subsection 4, allreasonable expenses incurred by the Board in carrying out the provisions ofthis chapter must be paid from the money that it receives. No part of theexpenses of the Board may be paid from the State General Fund.

2. All money received by the Board must be depositedin a bank or other financial institution in this State and paid out on its orderfor its expenses.

3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary action pursuantto this chapter, impose and collect fines and penalties related to thatdisciplinary action and deposit the money from the fines and penalties in abank or other financial institution in this State.

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3, the Board shall deposit allmoney collected from the imposition of fines and penalties with the StateTreasurer for credit to the State General Fund. If money has been deposited inthe State General Fund pursuant to this subsection, the Board may present aclaim to the State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

(Added to NRS by 2003, 898; A 2005, 784)

General Powers and Duties

NRS 640B.250 Preparation,maintenance and disclosure of certain information regarding applicants andlicensees; record of proceedings and transactions; seal; enforcement ofchapter.

1. The Board shall prepare and maintain a separatelist of:

(a) The licensees.

(b) The applicants for a license.

2. The Board shall, upon request, disclose theinformation included in each list and may charge a fee for a copy of a list.

3. The Board shall:

(a) Prepare and maintain a record of its proceedingsand transactions;

(b) Adopt a seal of which each court in this Stateshall take judicial notice; and

(Added to NRS by 2003, 897)

NRS 640B.260 Adoptionof regulations. The Board shall adoptregulations to carry out the provisions of this chapter, including, withoutlimitation, regulations that establish:

1. The passing grades for the examinations required byNRS 640B.310 and 640B.320;

2. Appropriate criteria for determining whether anentity is an intercollegiate athletic association, interscholastic athleticassociation, professional athletic organization or amateur athleticorganization;

3. The standards of practice for athletic trainers;and

4. The requirements for continuing education for therenewal of a license of an athletic trainer. The requirements must be at leastequivalent to the requirements for continuing education for the renewal of acertificate of an athletic trainer issued by the National Athletic TrainersAssociation Board of Certification or its successor organization.

(Added to NRS by 2003, 897)

NRS 640B.270 Inspectionof offices and facilities of persons practicing athletic training. A member of the Board, an employee of the Board or aperson designated by the Board may inspect any office or facility where aperson is engaged in the practice of athletic training to determine whethereach person who is engaged in the practice of athletic training in that officeor facility is in compliance with the provisions of this chapter and anyregulations adopted pursuant thereto.

(Added to NRS by 2003, 898)

LICENSES

General Provisions

NRS 640B.300 Licenserequired to practice athletic training; certain acts prohibited withoutlicense; exception for certain student athletic trainers; injunctions againstunlicensed activities.

1. Except as otherwise provided in subsection 2,unless he has been issued a license as an athletic trainer by the Boardpursuant to the provisions of this chapter, a person shall not:

(a) Engage in the practice of athletic training;

(b) Hold himself out as licensed or qualified to engagein the practice of athletic training; or

(c) Use in connection with his name any title, words,letters or other designation intended to imply or designate him as a licensedathletic trainer.

2. A student athletic trainer or graduate studentathletic trainer may engage in the practice of athletic training while underthe supervision of a licensed athletic trainer.

3. If the Board determines that a person has engaged,or is about to engage, in any act or practice that constitutes, or willconstitute, a violation of the provisions of this section, the Board may makean application to an appropriate court for an order enjoining that act orpractice, and upon a showing by the Board that the person has engaged, or isabout to engage, in that act or practice, the court shall issue an injunctionagainst that act or practice. Such an injunction does not prevent a criminalprosecution for that act or practice.

(Added to NRS by 2003, 898)

NRS 640B.310 Requirementsfor licensure: Qualifications; application; fingerprints; fees; examination;exceptions and limitations.

1. An applicant for a license as an athletic trainermust:

(a) Be of good moral character;

(b) Be a citizen of the United States or lawfullyentitled to remain and work in the United States;

(d) Submit an application on a form provided by theBoard;

(e) Submit a complete set of his fingerprints andwritten permission authorizing the Board to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report;

(f) Pay the fees prescribed by the Board pursuant to NRS 640B.410, which are not refundable;and

(g) Except as otherwise provided in subsection 2 and NRS 640B.320, pass the examinationprepared by the National Athletic Trainers Association Board of Certificationor its successor organization.

2. An applicant who submits proof of his currentcertification as an athletic trainer by the National Athletic TrainersAssociation Board of Certification, or its successor organization, is notrequired to pass the examination required by paragraph (g) of subsection 1.

3. An applicant who fails the examination may notreapply for a license for at least 1 year after the date on which he submittedhis application to the Board.

(Added to NRS by 2003, 899; A 2005, 228)

NRS 640B.320 Preparationof examinations. If the National AthleticTrainers Association Board of Certification, or its successor organization, ifany, ceases to exist or ceases to prepare the examination required by NRS 640B.310, the Board shall designateanother appropriate national organization to prepare the test. If the Boarddetermines that no such organization exists, the Board shall prepare or causeto be prepared a test which must be offered not less than two times each year.

(Added to NRS by 2003, 899)

NRS 640B.330 Licensureof persons who are licensed in other jurisdictions.

1. Except as otherwise provided in subsection 2, theBoard shall issue a license as an athletic trainer, without examination, to anapplicant who is licensed to engage in the practice of athletic training inanother state, territory or possession of the United States, or the District ofColumbia if the applicant submits to the Board:

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

(b) The fees prescribed by the Board pursuant to NRS 640B.410.

2. The Board shall not issue a license pursuant tothis section unless the jurisdiction in which the applicant is licensed hadrequirements at the time the license was issued that the Board determines aresubstantially equivalent to the requirements for a license as an athletictrainer set forth in this chapter.

(Added to NRS by 2003, 900)

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

(a) An applicant for the issuance of a license toengage in the practice of athletic training shall include the social securitynumber of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to engage in the practice of athletic training shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices 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 engage in the practice of athletictraining 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 2003, 899; A 2005, 2755, 2814)

NRS 640B.340 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 engagein the practice of athletic training shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed 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 engage in the practice of athletictraining 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 to subsection1 that he is subject to a court order for the support of a child and is not incompliance with the order or a plan approved by the district attorney or otherpublic agency enforcing the order for the repayment of the amount owed pursuantto the order.

(Added to NRS by 2003, 899; A 2005, 2755, 2814, 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 640B.350 Displayof license. Each person licensed to practiceas an athletic trainer shall display his license conspicuously at each placewhere he engages in the practice of athletic training.

(Added to NRS by 2003, 900)

Scope of Practice

NRS 640B.370 Requirementsto conduct evaluation of athletic injury or perform joint mobilization;authority to perform passive range of motion or passive joint range of motion.

1. A person who is licensed as an athletic trainershall not conduct an evaluation of an athletic injury or perform jointmobilization unless the person has earned at least a masters degree inathletic training or a comparable area of study, as determined by the Board.

2. A person who is licensed as an athletic trainer andhas not earned a masters degree in athletic training or a comparable area ofstudy, as determined by the Board, may perform passive range of motion orpassive joint range of motion.

(Added to NRS by 2003, 901)

Expiration and Renewal; Fees

NRS 640B.400 Expirationof licenses; procedure for renewal.

1. Each license to engage in the practice of athletictraining expires on June 30 of each year and may be renewed if, before thelicense expires, the licensee submits to the Board:

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

(b) Proof of his completion of the requirements forcontinuing education prescribed by the Board pursuant to NRS 640B.260; and

2. A license that expires pursuant to the provisionsof this section may be restored if the applicant:

(a) Complies with the provisions of subsection 1;

(b) Submits to the Board proof of his ability to engagein the practice of athletic training; and

(1) The fee for the restoration of an expiredlicense; and

(2) For each year that the license was expired,the fee for the renewal of a license prescribed by the Board pursuant to NRS 640B.410.

3. If the Board determines that an applicant has notsubmitted satisfactory proof of his ability to engage in the practice ofathletic training, the Board may require the applicant to:

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

(b) Engage in the practice of athletic training underthe supervision of a person designated by the Board for a period prescribed bythe Board.

(Added to NRS by 2003, 901)

NRS 640B.410 Fees. The Board shall, by regulation, prescribe the followingfees which must not exceed:

Application for a license....................................................................................... $250

Examination for a license......................................................................................... 350

Application for a license withoutexamination.................................................... 350

Annual renewal of a license................................................................................... 350

Restoration of an expired license........................................................................... 350

Issuance of a duplicate license................................................................................ 50

(Added to NRS by 2003, 901)

DISCIPLINARY ACTION

NRS 640B.700 Grounds;authorized disciplinary action; private reprimands prohibited; orders imposingdiscipline deemed public records.

1. The Board may refuse to issue a license to anapplicant or may take disciplinary action against a licensee if, after noticeand a hearing as required by law, the Board determines that the applicant orlicensee:

(a) Has submitted false or misleading information tothe Board or any agency of this State, any other state, the Federal Governmentor the District of Columbia;

(b) Has violated any provision of this chapter or anyregulation adopted pursuant thereto;

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

(e) Has violated the provisions of NRS 200.5093, 200.50935 or 432B.220;

(f) Is guilty of gross negligence in his practice as anathletic trainer;

(g) Is not competent to engage in the practice ofathletic training;

(h) Has failed to provide information requested by theBoard within 60 days after he received the request;

(i) Has engaged in unethical or unprofessional conductas it relates to the practice of athletic training;

(j) Has been disciplined in another state, a territoryor possession of the United States, or the District of Columbia for conductthat would be a violation of the provisions of this chapter or any regulationsadopted pursuant thereto if the conduct were committed in this State;

(k) Has solicited or received compensation for servicesthat he did not provide;

(l) If the licensee is on probation, has violated theterms of his probation; or

(m) Has terminated his professional services to aclient in a manner that detrimentally affected that client.

2. The Board may, if it determines that an applicantfor a license or a licensee has committed any of the acts set forth insubsection 1, after notice and a hearing as required by law:

(a) Refuse to issue a license to the applicant;

(b) Refuse to renew or restore the license of thelicensee;

(d) Place the licensee on probation;

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

(f) Require the applicant or licensee to pay the costsincurred by the Board to conduct the investigation and hearing; or

(g) Impose any combination of actions set forth inparagraphs (a) to (f), inclusive.

3. The Board shall not issue a private reprimand to alicensee.

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

(Added to NRS by 2003, 901; A 2005, 785, 1118)

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 licensee, the Board shall deemthe license to be suspended at the end of the 30th day after the date the courtorder was issued unless the Board receives a letter issued to the licensee bythe district attorney or other public agency pursuant to NRS 425.550 stating that the licensee hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. The Board shall reinstate a license that has beensuspended by a district court pursuant to NRS425.540 if the Board receives a letter issued by the district attorney orother public agency pursuant to NRS 425.550to the licensee stating that the licensee has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2003, 900; A 2005, 2814)

NRS 640B.720 Investigationsand hearings; examination of witnesses; payment of fees and mileage; issuanceand enforcement of subpoenas.

1. In a manner consistent with the provisions of chapter 622A of NRS, the Board may conductinvestigations and hold hearings to carry out its duties pursuant to theprovisions of this chapter.

2. In such a hearing:

(a) Any member of the Board may administer oaths andexamine witnesses; and

(b) The Board or any member thereof may issue subpoenasto compel the attendance of witnesses and the production of books and papers.

3. Each witness who is subpoenaed to appear before theBoard is entitled to receive for his attendance the same fees and mileageallowed by law to a witness in a civil case. The amount must be paid by theparty who requested the subpoena. If any witness who has not been required toattend at the request of any party is subpoenaed by the Board, his fees andmileage must be paid from the money of the Board.

4. If any person fails to comply with the subpoenawithin 10 days after it is issued, the Chairman of the Board may petition acourt of competent jurisdiction for an order of the court compelling compliancewith the subpoena.

5. Upon such a petition, the court shall enter anorder directing the person subpoenaed to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and to show cause why he has not compliedwith the subpoena. A certified copy of the order must be served upon the personsubpoenaed.

6. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena. The failure of the person to obey the order is acontempt of the court that issued the order.

(Added to NRS by 2003, 902; A 2005, 786)

NRS 640B.730 Confidentialityof certain records of Board; exceptions.

1. Except as otherwiseprovided in this section, a complaint filed with the Board, all documents andother information filed with the complaint and all documents and otherinformation compiled as a result of an investigation conducted to determinewhether to initiate disciplinary action against a person are confidential,unless the person submits a written statement to the Board requesting that suchdocuments and information be made public records.

2. The charging documentsfiled with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents andinformation considered by the Board when determining whether to imposediscipline are public records.

3. 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, 903; A 2005, 786)

UNLAWFUL ACTS; PENALTIES

NRS 640B.900 Unlawfulacts; penalties; prosecution by district attorney.

1. A person who violates any provision of this chapteris guilty of a gross misdemeanor and shall be punished by a fine of not morethan $2,000 for each offense.

2. If the Board has reason to believe that a personhas violated a provision of this chapter or a regulation adopted pursuantthereto, the Board shall report the facts to the district attorney of thecounty where the violation occurred, who may cause appropriate criminalproceedings to be brought against that person.

(Added to NRS by 2003, 903)

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