[Rev. 11/21/2013 12:48:17 PM--2013]

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 and employees.

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

NRS 635.035           Offices and employees of Board; inspection of premises of licensee.

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

NRS 635.045           Fiscal year; biennial audit.

LICENSES

NRS 635.050           License to practice podiatry: Requirements; fee for application.

NRS 635.056           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 635.056           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 635.065           Requirements for applicants licensed in another jurisdiction.

NRS 635.067           Submission of fingerprints.

NRS 635.070           Issuance of license to successful applicants.

NRS 635.073           Board prohibited from issuing or renewing license unless applicant attests to certain information related to safe and appropriate injection practices.

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

NRS 635.082           Provisional license: Qualifications; application; examination; fees; regulations.

NRS 635.085           Authorized activities of licensed podiatric physician.

NRS 635.087           Use of title describing profession by licensed podiatric physician.

NRS 635.093           Podiatry hygienists: Requirements for license; fee.

NRS 635.097           Podiatry hygienists: Limitation on practice.

NRS 635.098           Podiatry hygienists: Authorized activities; required knowledge.

NRS 635.100           Display of license.

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

NRS 635.112           Board to maintain records concerning applicants; contents.

NRS 635.115           Continuing education; certification in cardiopulmonary resuscitation.

NRS 635.118           Licensees: Notice of change in mailing address; notice of change in location or close of office located in State; location of records.

DISCIPLINARY ACTION

NRS 635.130           Authority of Board to take disciplinary action; grounds.

NRS 635.135           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 635.150           Disciplinary proceedings: Majority vote of Board required; commencement required for certain violations of Industrial Insurance Act.

NRS 635.155           Subpoenas: Issuance; enforcement.

NRS 635.158           Confidentiality of certain records of Board; exceptions; retention of complaints.

NRS 635.159           Filing of complaint.

ENFORCEMENT; UNLAWFUL ACTS

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

NRS 635.167           Unlawful acts; penalties.

NRS 635.170           Prosecution of violation.

NRS 635.180           Penalty for unauthorized practice.

NRS 635.190           Practicing or offering to practice without license: Reporting requirements of Board.

_________

GENERAL PROVISIONS

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

      1.  “Board” means the State Board of Podiatry.

      2.  “Podiatry” is the diagnosis, prevention and treatment of ailments of the human foot and leg.

      3.  “Podiatry hygienist” means a person engaged in assisting 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 official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

      (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; 2009, 821)

STATE BOARD OF PODIATRY

      NRS 635.020  Creation; number, appointment and qualifications of members; compensation of members and employees.

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

      2.  The Governor shall appoint:

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

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

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

             (1) A licensed podiatric physician in the State of 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 $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

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

      [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; 2007, 1042, 2949)

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

      1.  The Board shall elect from among its members a President, a Vice President, a Secretary and a Treasurer. The members may assign the duties of the Treasurer and the Secretary to one person who must be designated the Secretary-Treasurer.

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

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

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

      5.  The Board may adopt a seal of which any court of this 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  Offices and employees of Board; inspection of premises of licensee.

      1.  The Board may:

      (a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      2.  The Board or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices podiatry or as a podiatry hygienist and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing podiatry or as a podiatry hygienist without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 1963, 153; A 2013, 2230)

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

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

      2.  The Board shall deposit the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, and may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorneys’ 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  Fiscal year; biennial audit.  The Board shall:

      1.  Operate on the basis of a fiscal year commencing on July 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  License to practice podiatry: Requirements; fee for application.

      1.  Any person wishing to practice podiatry in this State must, before beginning to practice, procure from the Board a license to practice podiatry.

      2.  A license to practice podiatry may be issued by the Board to any person who:

      (a) Is of good moral character.

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

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

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

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

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

      3.  An applicant for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

      (a) The fee for an application for a license of not more than $600;

      (b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a license.

Ę The Board shall, by regulation, establish the fee required to be paid pursuant to this subsection.

      4.  The Board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      5.  The Board may require such further documentation or proof of qualification as it may deem proper.

      6.  The provisions of this section do not apply to a person who applies for:

      (a) A limited license to practice podiatry pursuant to NRS 635.075; or

      (b) A provisional license to practice podiatry pursuant to NRS 635.082.

      [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; 2007, 1042)

      NRS 635.056  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

      (b) An applicant for the issuance or renewal of a license to practice podiatry or to practice as a podiatry hygienist shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted 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 a podiatry hygienist may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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

      NRS 635.056  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

      (a) The application or any other forms that must be submitted 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 a podiatry hygienist may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2134; A 2005, 2734, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS635.065  Requirements for applicants licensed in another jurisdiction.

      1.  In addition to the other requirements for licensure set forth in this chapter, an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state or the District of Columbia must submit:

      (a) An affidavit signed by the applicant that:

             (1) Identifies each jurisdiction in which the applicant has been licensed to practice; and

             (2) States whether a disciplinary proceeding has ever been instituted against the applicant by the licensing board of that jurisdiction and, if so, the status of the proceeding; and

      (b) If the applicant is currently licensed to practice podiatry in another state or the District of Columbia, a certificate from the licensing board of that jurisdiction stating that the applicant is in good standing and no disciplinary proceedings are pending against the applicant.

      2.  The Board may require an applicant who has been licensed to practice podiatry in another state or the District of Columbia to:

      (a) Pass an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

      (b) Submit satisfactory proof that:

             (1) The applicant maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

             (2) No disciplinary proceeding has ever been instituted against the applicant by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

             (3) The applicant has participated in a program of continuing education that is equivalent to the program of continuing education that is required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      (Added to NRS by 2007, 1041)

      NRS 635.067  Submission of fingerprints.  Each applicant for a license, including, without limitation, a limited or provisional license, must submit to the Board:

      1.  A complete set of fingerprints; and

      2.  Written permission authorizing the Board to forward the fingerprints submitted pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 2011, 1871)

      NRS 635.070  Issuance of license to successful applicants.  Without unnecessary delay, the Board shall act upon an application for a license submitted pursuant to this chapter. If an applicant is found qualified, the applicant must be issued a license to practice podiatry, or as a podiatry hygienist, as the case may be.

      [Part 4:149:1949; 1943 NCL § 1077.4] + [Part 10:149:1949; 1943 NCL § 1077.10]—(NRS A 1969, 906; 1971, 1025; 1985, 494; 1987, 1854; 2007, 1043)

      NRS 635.073  Board prohibited from issuing or renewing license unless applicant attests to certain information related to safe and appropriate injection practices.  The Board shall not issue or renew a license to practice podiatry unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      (Added to NRS by 2011, 2055)

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

      1.  The Board shall issue a limited license to practice podiatry pursuant to this section to each applicant who complies with the provisions of this section.

      2.  An applicant for a limited license to practice podiatry 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 application for a license required pursuant to paragraph (a) of subsection 3 of NRS 635.050; and

      (c) Satisfactory proof that the applicant:

             (1) Is of good moral character;

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

             (3) For not less than 25 years:

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

                   (II) Remained licensed in good standing at all times during the period he or she was licensed to practice podiatry; and

             (4) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this subparagraph, an affidavit signed by the applicant stating that the applicant 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 required to be licensed to practice podiatry in another state or the District of Columbia when he or she submits the application for a limited license to the Board.

      4.  A person who is issued a limited license pursuant to this section may practice podiatry only under the direct supervision of a podiatric physician who is licensed pursuant to this chapter and who does not hold 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 a limited license issued pursuant to this section as the Board deems appropriate; and

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

      (Added to NRS by 2003, 672; A 2007, 1043)

      NRS 635.082  Provisional license: Qualifications; application; examination; fees; regulations.

      1.  A graduate of an accredited school of podiatry may, during his or her residency, be granted a provisional license to practice podiatry under the direct supervision of a podiatric physician licensed to practice in this State. A provisional license must not be effective for more than 1 year and is not renewable.

      2.  A provisional license to practice podiatry may be issued by the Board to any person who:

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

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

      (c) Has passed the examination given by the National Board of Podiatric Medical Examiners.

      3.  An applicant for a provisional license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

      (a) The fee for an application for a provisional license of not more than $600;

      (b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a provisional license.

      4.  The fee required pursuant to subsection 3 must be established by regulation of the Board.

      5.  The Board may by regulation govern the issuance and conditions of the provisional license.

      (Added to NRS by 1987, 1852; A 1993, 2221; 1995, 869; 2007, 1044)

      NRS 635.085  Authorized activities of licensed podiatric physician.

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

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

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

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

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

      (e) Prescribe and dispense controlled substances and dangerous 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 the foot or leg.

      (j) Amputate a toe if the podiatric physician:

             (1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019;

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

             (3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of completion of the program;

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

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

      2.  A podiatric physician shall not:

      (a) Treat any other effect of a systemic disease unless the 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  Use of title describing profession by licensed podiatric physician.  A person who is licensed to practice podiatry pursuant to this chapter may use any title which describes the profession, including, without limitation, “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.”

      (Added to NRS by 1993, 2219)

      NRS 635.093  Podiatry hygienists: Requirements for license; fee.  Any person wishing to be licensed as a podiatry hygienist in this State must:

      1.  Furnish the Board with satisfactory proof that the person:

      (a) Is of good moral character.

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

      (c) Has satisfactorily completed a course for podiatry hygienists approved by the Board or has had 6 months or more of training in a podiatric physician’s office as approved by the Board.

      2.  Submit all information required to complete an application for a license.

      3.  Pay to the Board a fee, not exceeding $100, which must be established by regulation of the Board.

      (Added to NRS by 1971, 1024; A 1977, 132; 1979, 1868; 1985, 495; 1987, 1858; 1993, 2221; 1997, 2136; 2005, 2735, 2807; 2007, 1045)

      NRS 635.097  Podiatry hygienists: Limitation on practice.  The holder of a valid and active license to practice as a podiatry hygienist may be employed as a podiatry hygienist in this State only in the office of a licensed podiatric physician.

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

      NRS 635.098  Podiatry hygienists: Authorized activities; required knowledge.

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

      (a) Apply orthopedic padding.

      (b) Administer to patients by means of physiotherapeutic 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 hygienist have a general knowledge of sterile techniques, aseptic maintenance of surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.

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

      NRS 635.100  Display of license.  Every person practicing podiatry or practicing as a podiatry hygienist shall, upon receiving the license provided for by this chapter, cause the license to be conspicuously displayed at all times in every office maintained by the person or in which he or she practices in this State.

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

      NRS 635.110  Licenses: Expiration; renewal; delinquency; fees.  Except as otherwise provided in NRS 635.082:

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

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

      (b) Current certification in the techniques of administering cardiopulmonary resuscitation;

      (c) Submission of all information required to complete the 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 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the Board:

      (a) Upon payment of the appropriate annual renewal fee and an additional fee for delinquency in an amount established by the Board; and

      (b) If the license is delinquent for more than 1 year, upon the holder of the delinquent license:

             (1) Passing an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

             (2) Submitting satisfactory proof that:

                   (I) The holder of the delinquent license maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

                   (II) No disciplinary proceeding has ever been instituted against the holder of the delinquent license by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

                   (III) If the holder of the delinquent license is a podiatric physician, he or she has participated in a program of continuing education that is equivalent to the program of continuing education required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      [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; 2007, 1045)

      NRS 635.112  Board to maintain records concerning applicants; contents.  The Board shall maintain records concerning the applicants to whom licenses have been 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 to the 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  Continuing education; certification in cardiopulmonary resuscitation.

      1.  Every even-numbered year each podiatric physician must, at the time of paying the annual renewal fee, present to the Secretary of the Board satisfactory evidence that during the preceding 2 years the podiatric physician attended at least 50 hours of instruction in courses approved by the Board for purposes of continuing professional education and is currently certified in the techniques of administering cardiopulmonary resuscitation. The Board may waive all or part of the requirement of continuing education in a particular year if the podiatric physician was prevented from that attendance by circumstances beyond his or her control.

      2.  If a podiatric physician fails to provide proof of his or her continuing education and does not obtain a waiver from the Board, the license must not be renewed.

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

      NRS 635.118  Licensees: Notice of change in mailing address; notice of change in location or close of office located in State; location of records.

      1.  Each licensee shall:

      (a) Maintain a permanent mailing address with the Board; and

      (b) If the licensee changes his or her permanent mailing address, notify the Board in writing of the new permanent mailing address within 30 days after the change of address.

      2.  If a licensee fails to provide the written notice required by paragraph (b) of subsection 1, the Board shall, in addition to any disciplinary action taken or fine imposed pursuant to NRS 635.130, impose upon the licensee a fine not to exceed $250.

      3.  A licensee who changes the location of his or her office in this State shall notify the Board in writing of the change in location before practicing at the new location.

      4.  A licensee who closes his or her office in this State shall:

      (a) Notify the Board in writing of the closure within 14 days after closing the office; and

      (b) For a period of 5 years thereafter, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location and custodian of the medical records of the patients of the licensee.

      (Added to NRS by 2011, 1871)

DISCIPLINARY ACTION

      NRS 635.130  Authority of Board to take disciplinary action; grounds.

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

      (a) Deny an application for a license or refuse to renew 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 a licensee for any of the following causes:

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

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her 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 Board disqualifies the licensee to practice with safety to the public.

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

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his or her practice.

      (l) Unethical or unprofessional conduct.

      (m) Failure to comply with the requirements of subsection 1 of NRS 635.118.

      (n) Willful or repeated violations of this chapter or regulations adopted by the Board.

      (o) Willful violation of the regulations adopted by the State Board of Pharmacy.

      (p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      (q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility is suspended or revoked; or

             (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ę This paragraph applies to an owner or other principal responsible for the operation of the facility.

      [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; 2009, 888; 2011, 262, 853, 1871)

      NRS 635.135  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice podiatry or to practice as a podiatry hygienist, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

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

      NRS 635.150  Disciplinary proceedings: Majority vote of Board required; commencement required for certain violations of Industrial Insurance Act.

      1.  A decision by the Board in a disciplinary proceeding 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 a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 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 of witnesses and the production of books and papers.

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

      (Added to NRS by 1985, 492)

      NRS 635.158  Confidentiality of certain records of Board; exceptions; retention of complaints.

      1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

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

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

      4.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      5.  The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 2003, 3448; A 2005, 770; 2007, 2138; 2009, 889; 2013, 2230)

      NRS 635.159  Filing of complaint.  Any person who becomes aware that a person practicing podiatry or practicing as a podiatry hygienist in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      (Added to NRS by 2013, 2229)

ENFORCEMENT; UNLAWFUL ACTS

      NRS 635.162  Injunctive relief; 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 or Secretary or the Attorney General, may apply to any court of competent jurisdiction:

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

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

      (c) To limit the podiatric physician’s practice or suspend his or her license to practice podiatry; or

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

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

      (a) Without proof of actual damage sustained by any person;

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

      (c) Pending proceedings for disciplinary action by the Board.

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

      NRS 635.167  Unlawful acts; penalties.

      1.  Any person who:

      (a) Presents to the Board as his or her own the diploma, license or credentials of another;

      (b) Gives either false or forged evidence of any kind to the Board;

      (c) Practices podiatry under a false or assumed name or falsely personates another licensee;

      (d) Except as otherwise provided by specific statute, practices podiatry without being licensed under this chapter; or

      (e) Uses the title “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not licensed by the Board pursuant to this chapter, unless otherwise authorized by a specific statute,

Ę is guilty of a gross misdemeanor, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine as provided in paragraph (d) of subsection 1 of NRS 635.130.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      (Added to NRS by 1987, 1853; A 1993, 2224; 2013, 999, 2230)

      NRS 635.170  Prosecution of violation.

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

      2.  The district attorney shall promptly prosecute any person 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  Penalty for unauthorized practice.  Except as otherwise provided in NRS 635.167, every person who practices podiatry or as a podiatry hygienist without having complied with the provisions of this chapter must be fined not more than $10,000 for each offense.

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

      NRS 635.190  Practicing or offering to practice without license: Reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice podiatry or as a podiatry hygienist without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2229)