[Rev. 11/21/2013 12:49:12 PM--2013]

CHAPTER 637A - HEARING AID SPECIALISTS

GENERAL PROVISIONS

NRS 637A.010        Short title.

NRS 637A.020        Definitions.

NRS 637A.021        “Board” defined.

NRS 637A.0213      “Chair” defined.

NRS 637A.0217      “Hearing aid” defined.

NRS 637A.022        “Hearing aid specialist” defined.

NRS 637A.0221      “Incompetence” defined.

NRS 637A.0223      “License” defined.

NRS 637A.0227      “Manufacturer” defined.

NRS 637A.023        “Member” defined.

NRS 637A.0233      “Negligence” defined.

NRS 637A.0235      “Practice of fitting and dispensing hearing aids” defined.

NRS 637A.024        “Secretary” defined.

NRS 637A.025        Applicability.

BOARD OF HEARING AID SPECIALISTS

NRS 637A.030        Creation; number and appointment of members.

NRS 637A.035        Qualifications of members; terms; members serve at pleasure of Governor.

NRS 637A.040        Chair and Secretary; meetings; quorum.

NRS 637A.060        Officers; rules and regulations.

NRS 637A.080        Deposit and use of money received by Board; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

NRS 637A.090        Compensation of members and employees.

NRS 637A.100        Duties.

NRS 637A.110        Powers.

NRS 637A.120        Seal.

EXAMINATIONS AND LICENSES; PRACTICE

NRS 637A.130        Application for examination; fee.

NRS 637A.140        Contents of application.

NRS 637A.150        Actions by Board on applications.

NRS 637A.160        Requirements for licensing.

NRS 637A.163        Payment of child support: Submission of certain information by applicant; grounds for denial of examination or 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 637A.163        Payment of child support: Submission of certain information by applicant; grounds for denial of examination or 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 637A.170        Examination waived for certain specialists applying before October 1, 1973.

NRS 637A.190        Display of license.

NRS 637A.200        Expiration and renewal of licenses.

NRS 637A.205        Transfer of license to inactive list.

NRS 637A.210        Fees.

NRS 637A.220        Apprentices: Employment; application for licensure.

NRS 637A.225        Apprentices: Regulations concerning approval of Board for hearing aid specialist to supervise; procedure for appeal.

NRS 637A.230        Apprentices: Supervision and responsibility for work; selection of hearing aid; signing of audiogram or sales document.

NRS 637A.235        Apprentices: Identification; title.

NRS 637A.240        Limitation on period of apprenticeship.

NRS 637A.243        Sale of hearing aids by catalog or mail: Conditions; records; regulations.

NRS 637A.245        Audiograms for use of physician or member of related profession.

DISCIPLINARY ACTION

NRS 637A.250        Grounds.

NRS 637A.253        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 637A.260        Complaint against licensee; investigation; retention of complaints.

NRS 637A.270        Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 637A.290        Authorized disciplinary action; procedure for suspension; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 637A.300        Surrender and reinstatement of revoked license.

NRS 637A.305        Active participation in fitting or dispensing hearing aid prohibited with revoked license.

NRS 637A.310        Records required.

NRS 637A.315        Confidentiality of certain records of Board; exceptions.

UNLAWFUL ACTS; PENALTIES

NRS 637A.340        Transfer or alteration of license.

NRS 637A.345        Inspection of premises by Board.

NRS 637A.350        Fraudulent use of assumed name or practice without license.

NRS 637A.352        Engaging in business of hearing aid specialist without license; penalties.

NRS 637A.353        Engaging in business of hearing aid specialist or apprentice to hearing aid specialist without license: Reporting requirements of the Board.

NRS 637A.355        Injunctive relief against violators.

NRS 637A.360        Penalty.

_________

GENERAL PROVISIONS

      NRS 637A.010  Short title.  This chapter may be cited as the Hearing Aid Specialists Act.

      (Added to NRS by 1973, 990)

      NRS 637A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637A.021 to 637A.024, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1973, 990; A 1993, 1339; 1995, 1670)

      NRS 637A.021  “Board” defined.  “Board” means the Board of Hearing Aid Specialists.

      (Added to NRS by 1993, 1337)

      NRS 637A.0213  “Chair” defined.  “Chair” means the Chair of the Board.

      (Added to NRS by 1993, 1337)

      NRS 637A.0217  “Hearing aid” defined.  “Hearing aid” means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds, but excluding batteries and cords.

      (Added to NRS by 1993, 1337)

      NRS 637A.022  “Hearing aid specialist” defined.  “Hearing aid specialist” means any person licensed pursuant to the provisions of this chapter who offers to rent, lease, sell or otherwise transfer title to hearing aids. The term includes persons who make impressions of the ear, offer counseling to others concerning hearing aids, fit hearing aids or test the hearing of others.

      (Added to NRS by 1993, 1337)

      NRS 637A.0221  “Incompetence” defined.  “Incompetence” means a lack of ability safely and skillfully to practice as a hearing aid specialist or apprentice to a hearing aid specialist arising from:

      1.  Lack of knowledge or training; or

      2.  Impaired physical or mental capability, including the habitual abuse of alcohol or addiction to any illegally obtained controlled substance.

      (Added to NRS by 1995, 1669)

      NRS 637A.0223  “License” defined.  “License” means a license issued by the Board pursuant to this chapter as evidence of a licensee’s qualification to engage in the business of a hearing aid specialist or as an apprentice to a hearing aid specialist.

      (Added to NRS by 1993, 1338)

      NRS 637A.0227  “Manufacturer” defined.  “Manufacturer” means any person who assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.

      (Added to NRS by 1993, 1338)

      NRS 637A.023  “Member” defined.  “Member” means a member of the Board.

      (Added to NRS by 1993, 1338)

      NRS 637A.0233  “Negligence” defined.  “Negligence” means a deviation from the normal standard of professional care exercised by hearing aid specialists or apprentices to hearing aid specialists.

      (Added to NRS by 1995, 1669)

      NRS 637A.0235  “Practice of fitting and dispensing hearing aids” defined.  “Practice of fitting and dispensing hearing aids” means the measurement of human hearing by means of an audiometer or by any other means and the selection, adaptation, distribution or sale of hearing aids, and the instruction and counseling pertaining thereto. The term includes the making of impressions for earmolds.

      (Added to NRS by 1993, 1338)

      NRS 637A.024  “Secretary” defined.  “Secretary” means the Secretary of the Board.

      (Added to NRS by 1993, 1338)

      NRS 637A.025  Applicability.

      1.  This chapter does not apply to any physician licensed to practice medicine in Nevada nor to the hearing aid dispensing program of the Department of Veterans Affairs.

      2.  This chapter does not apply to any person who measures human hearing for any purpose, including the selection of hearing aids, if such person does not dispense hearing aids or accessories.

      (Added to NRS by 1973, 994; A 1995, 1097)

BOARD OF HEARING AID SPECIALISTS

      NRS 637A.030  Creation; number and appointment of members.  The Board of Hearing Aid Specialists, consisting of five members appointed by the Governor, is hereby created.

      (Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339)

      NRS 637A.035  Qualifications of members; terms; members serve at pleasure of Governor.

      1.  The Governor shall appoint:

      (a) One member who is a physician with a specialty in otorhinolaryngology or otology.

      (b) One member who is licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.

      (c) One member who is a hearing aid specialist.

      (d) Two members who are representatives of the general public and have hearing disorders. These members must not be:

             (1) A hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.

      2.  After their initial terms, the members of the Board shall serve terms of 3 years.

      3.  No member of the Board may be a stockholder of a manufacturer.

      4.  The members of the Board serve at the pleasure of the Governor.

      (Added to NRS by 1973, 990; A 1977, 1255; 1993, 1339; 2003, 1195)

      NRS 637A.040  Chair and Secretary; meetings; quorum.

      1.  The Board shall:

      (a) Elect a Chair and Secretary from its members, who shall hold office for 1 year and until the election and qualification of their successors.

      (b) Meet at such times and places as are specified by the Chair or a majority of the Board.

      2.  A majority of the Board constitutes a quorum for the transaction of business.

      (Added to NRS by 1973, 990; A 1977, 1255)

      NRS 637A.060  Officers; rules and regulations.  Within 30 days after the day of their appointment, the Board shall hold a meeting to elect officers as provided in this chapter, and to adopt reasonable rules and regulations for their own government and for the administration of this chapter.

      (Added to NRS by 1973, 991)

      NRS 637A.080  Deposit and use of money received by Board; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

      1.  All fees provided for in this chapter must be paid to the Board.

      2.  Except as otherwise provided in subsection 4, all money coming into the possession of the Board must be kept or deposited by the Secretary in banks, credit unions, savings and loan associations or other financial institutions in this State to be expended for the payment of the salaries and expenses of the members and employees of the Board and for other necessary or proper purposes in the administration of this chapter.

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or other financial institutions in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 1973, 991; A 1975, 151; 1983, 1539; 1989, 1700; 1993, 1340; 1999, 1534; 2005, 773)

      NRS 637A.090  Compensation of members and employees.

      1.  Each member of the Board is entitled to receive a salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board.

      2.  All necessary expenses incurred by the Board in the performance of its duties must be evidenced on claims signed by the Chair and Secretary and paid out of money received by the Board from fees.

      3.  While engaged in the business of the Board, each member and 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.

      (Added to NRS by 1973, 991; A 1975, 151; 1983, 1539; 1985, 445; 1989, 1701; 2007, 2951)

      NRS 637A.100  Duties.  The Board shall:

      1.  Administer and enforce the provisions of this chapter.

      2.  Adopt reasonable rules and regulations for its administration and government and for the administration of this chapter.

      3.  Administer and conduct comprehensive examinations of applicants, which must test the applicant’s fitness to engage in the business of a hearing aid specialist. All examination papers must be kept by the Board for at least 1 year after the date of the examination. Examinations may be given at the discretion of the Board, but not less than twice each year.

      (Added to NRS by 1973, 991; A 1993, 1340)

      NRS 637A.110  Powers.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may:

      1.  Appoint a technical, clerical and operational staff as may be required. The number of the staff appointed must be limited by the money available for that purpose in the hearing aid licensing fund.

      2.  Grant or refuse licenses for any of the causes specified in this chapter.

      3.  Take disciplinary action against a licensee.

      4.  Take depositions and issue subpoenas for the purpose of any hearing authorized by this chapter.

      5.  Establish reasonable educational requirements for applicants and apprentices and reasonable requirements for the continuing education of hearing aid specialists and apprentices.

      (Added to NRS by 1973, 991; A 1979, 222; 1981, 101; 1993, 1340; 1995, 1670; 2005, 773)

      NRS 637A.120  Seal.  The Board shall adopt and use an official seal. The presence of the seal on any document, record or order of the Board is prima facie evidence of the authenticity thereof.

      (Added to NRS by 1973, 992)

EXAMINATIONS AND LICENSES; PRACTICE

      NRS 637A.130  Application for examination; fee.

      1.  An application for an examination must be filed in writing with the Board at least 60 days before the meeting of the Board immediately preceding the examination, and be accompanied by the application fee prescribed in NRS 637A.210.

      2.  The application must include all information required to complete the application.

      (Added to NRS by 1973, 992; A 1993, 1341; 1995, 1670; 1997, 2141; 2005, 2739, 2807)

      NRS 637A.140  Contents of application.  An applicant for an examination as a hearing aid specialist must submit satisfactory evidence to the Board that the applicant:

      1.  Is a citizen of the United States or is lawfully entitled to remain in the United States.

      2.  Is over 21 years of age.

      3.  Has met the minimum educational requirements established by the Board.

      (Added to NRS by 1973, 992; A 1989, 598; 1993, 1341)

      NRS 637A.150  Actions by Board on applications.

      1.  Upon receipt by the Board of an application for examination or licensure, the Secretary shall review it for conformity with the applicable requirements and submit the application to the Board at its next scheduled meeting together with a recommendation for approval or disapproval. If the Board is satisfied that the information contained in the application is true, that the applicant meets all applicable requirements and that the applicant has paid the applicable fee, it shall approve the application.

      2.  An application may be disapproved if the applicant has:

      (a) Been convicted of fraud or misrepresentation.

      (b) Been denied similar licensure in another state.

      (c) Been the subject of disciplinary action by a professional licensing board in this or any other state.

      (d) Practiced as a hearing aid specialist without proper licensure.

      (e) Engaged in any other conduct deemed to be unprofessional by the Board.

      3.  If the Board approves the application, the Secretary shall promptly notify the applicant in writing of the approval and, if applicable, of the time and place of examination.

      4.  If the Board disapproves the application, the Secretary shall promptly notify the applicant in writing of the disapproval, stating the reasons therefor.

      5.  Any applicant for examination whose application is approved by the Board may take the examination required in NRS 637A.100.

      (Added to NRS by 1973, 992; A 1993, 1341)

      NRS 637A.160  Requirements for licensing.

      1.  Subject to the provisions of NRS 637A.170, any person who intends to commence business as a hearing aid specialist must comply with the following requirements:

      (a) Make application for examination.

      (b) Take and pass the examination.

      (c) Pay the prescribed fees, including the annual license fee and the initial license fee prescribed in NRS 637A.210.

      (d) Submit all information required to complete the application.

      2.  The license must be issued and delivered by the Secretary to the licensee therein named upon compliance by the licensee with the requirements prescribed in subsection 1.

      (Added to NRS by 1973, 992; A 1997, 2141; 2005, 2739, 2807)

      NRS 637A.163  Payment of child support: Submission of certain information by applicant; grounds for denial of examination or 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 an examination as a hearing aid specialist or an applicant for the issuance of a license as an apprentice to a hearing aid specialist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for an examination as a hearing aid specialist, the renewal of a license as a hearing aid specialist or the issuance or renewal of a license as an apprentice to a hearing aid specialist 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 examination for or the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a hearing aid specialist or an apprentice to a hearing aid specialist 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, 2140; A 2005, 2739, 2807)

      NRS 637A.163  Payment of child support: Submission of certain information by applicant; grounds for denial of examination or 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 an examination as a hearing aid specialist, the renewal of a license as a hearing aid specialist or the issuance or renewal of a license as an apprentice to a hearing aid specialist 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 examination for or the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a hearing aid specialist or an apprentice to a hearing aid specialist 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, 2140; A 2005, 2739, 2740, 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)

      NRS 637A.170  Examination waived for certain specialists applying before October 1, 1973.  Any person who has been engaged in the business of a hearing aid specialist in the State of Nevada for not less than 90 days immediately preceding January 31, 1973, shall, upon application before October 1, 1973, and payment of the required annual license fee and initial license fee, be issued a hearing aid specialist license without examination.

      (Added to NRS by 1973, 992)

      NRS 637A.190  Display of license.  Every licensee shall display his or her license conspicuously in each place where the licensee conducts business as a hearing aid specialist or as an apprentice to a hearing aid specialist.

      (Added to NRS by 1973, 993; A 1995, 1670)

      NRS 637A.200  Expiration and renewal of licenses.

      1.  Licenses expire on June 30 next following the date of issuance.

      2.  A licensee may have his or her license renewed for 1 year beginning on July 1, by:

      (a) Showing that the licensee has fulfilled any requirements established by the Board for continuing education;

      (b) Paying the annual license fee; and

      (c) Submitting all information required to complete the renewal.

      3.  A licensee who fails to pay the annual license fee or submit all information required to complete the renewal may have the license renewed without an examination within 3 years after the date of expiration by:

      (a) Complying with the requirements of subsection 2; and

      (b) Paying the lapsed renewal fee in addition to the annual license fee.

      (Added to NRS by 1973, 993; A 1979, 223; 1997, 2142; 2005, 2740, 2807; 2007, 43)

      NRS 637A.205  Transfer of license to inactive list.  Upon written request to the Board and payment of the applicable fee, a licensee in good standing may have his or her name and license transferred to an inactive list. Such a licensee shall not engage in the business of hearing aid specialist or apprentice to a hearing aid specialist during the time the license is inactive. If an inactive licensee desires to resume business as a hearing aid specialist or as an apprentice to a hearing aid specialist, the Board shall reactivate the license upon the:

      1.  Demonstration, if deemed necessary by the Board, that the licensee is qualified and competent to practice;

      2.  Completion of an application for reinstatement; and

      3.  Payment of the fee for renewal of the license.

Ê Payment of the lapsed renewal fee and the renewal fee for any year while the license was inactive is not required.

      (Added to NRS by 1993, 1338; A 1995, 1670)

      NRS 637A.210  Fees.  The Board shall charge fees which must not exceed the following:

 

For a license as a hearing aid specialist:

 

Application fee..................................................................................................... $250

Examination fee..................................................................................................... 200

Initial license fee..................................................................................................... 100

Annual license fee.................................................................................................. 200

Duplicate license fee................................................................................................. 20

Inactive status fee.................................................................................................. 100

 

For a license as an apprentice to a hearing aid specialist:

 

Application fee..................................................................................................... $250

Annual license fee.................................................................................................. 100

Inactive status fee.................................................................................................. 100

 

For all licenses issued by the Board:

 

Lapsed renewal fee.............................................................................................. $100

Reinstatement fee.................................................................................................. 100

 

      (Added to NRS by 1973, 994; A 1975, 151; 1993, 1342; 1995, 1671; 2007, 43)

      NRS 637A.220  Apprentices: Employment; application for licensure.

      1.  A licensed hearing aid specialist who:

      (a) Has engaged in the practice of fitting and dispensing hearing aids for at least 3 years; and

      (b) Has obtained the approval of the Board,

Ê may employ any person 21 years of age or over to assist in the business of a hearing aid specialist if the person is licensed by the Board as an apprentice to a hearing aid specialist.

      2.  An applicant for licensure as an apprentice must submit to the Board:

      (a) An application in the form adopted by the Board;

      (b) The applicable fees; and

      (c) All information required to complete the application.

      (Added to NRS by 1973, 994; A 1979, 223; 1993, 1342; 1997, 2142; 2005, 2741, 2807)

      NRS 637A.225  Apprentices: Regulations concerning approval of Board for hearing aid specialist to supervise; procedure for appeal.  The Board shall adopt regulations setting forth the procedure for a hearing aid specialist to obtain the approval of the Board to supervise an apprentice to a hearing aid specialist. The regulations must include the procedure for appealing decisions of the Board concerning such approval.

      (Added to NRS by 1993, 1339)

      NRS 637A.230  Apprentices: Supervision and responsibility for work; selection of hearing aid; signing of audiogram or sales document.

      1.  All work done by an apprentice to a hearing aid specialist must be supervised by a licensed hearing aid specialist, and the licensed hearing aid specialist is responsible and civilly liable for the negligence or incompetence of the apprentice under his or her supervision.

      2.  Any selection of a hearing aid for a customer made by an apprentice must be approved by the hearing aid specialist supervising the apprentice.

      3.  Any audiogram or sales document prepared by an apprentice must be signed by the apprentice and the hearing aid specialist supervising the apprentice.

      (Added to NRS by 1973, 994; A 1993, 1342)

      NRS 637A.235  Apprentices: Identification; title.

      1.  An apprentice to a hearing aid specialist shall, while engaged in the practice of fitting and dispensing hearing aids, identify himself or herself as an apprentice.

      2.  An apprentice to a hearing aid specialist shall not use any title in any advertisement or promotional materials other than “apprentice to a hearing aid specialist.”

      (Added to NRS by 1993, 1339)

      NRS 637A.240  Limitation on period of apprenticeship.

      1.  No person may serve as an apprentice to a hearing aid specialist for more than 3 years without passing the examination required by this chapter.

      2.  For the purposes of subsection 1, the calculation of the time a person has served as an apprentice to a hearing aid specialist must not include any period during which the license of the apprentice to a hearing aid specialist was on inactive status.

      (Added to NRS by 1973, 994; A 1993, 1342; 1995, 1671)

      NRS 637A.243  Sale of hearing aids by catalog or mail: Conditions; records; regulations.

      1.  A hearing aid specialist licensed pursuant to this chapter may sell hearing aids by catalog or mail if:

      (a) The hearing aid specialist has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, an advanced practice registered nurse licensed pursuant to NRS 632.237, an audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he or she has performed an otoscopic examination of that person and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (b) The hearing aid specialist has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he or she has performed an audiometric examination of that person in compliance with regulations adopted by the Board and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (c) The hearing aid specialist has received a written statement signed by a hearing aid specialist licensed pursuant to this chapter which verifies that an ear impression has been taken; and

      (d) The person has signed a statement acknowledging that the licensee is selling him or her the hearing aid by catalog or mail based upon the information submitted by the person in accordance with this section.

      2.  A hearing aid specialist who sells hearing aids by catalog or mail shall maintain a record of each sale of a hearing aid made pursuant to this section for not less than 5 years.

      3.  The Board may adopt regulations to carry out the provisions of this section, including, without limitation, the information which must be included in each record required to be maintained pursuant to subsection 2.

      (Added to NRS by 1995, 1669; A 2003, 1175; 2013, 2076)

      NRS 637A.245  Audiograms for use of physician or member of related profession.  A hearing aid specialist, at the request of a physician or a member of related professions, may make audiograms for the physician’s or member’s use in consultation with person’s who have impaired hearing.

      (Added to NRS by 1993, 1339)

DISCIPLINARY ACTION

      NRS 637A.250  Grounds.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may take disciplinary action against a licensee if the licensee:

      1.  Has been convicted of a felony relating to the practice of hearing aid specialists.

      2.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      3.  Obtained the license by fraud or misrepresentation.

      4.  Has made any false or fraudulent statements concerning hearing aids or the business of hearing aid specialist.

      5.  Has been guilty of negligence, incompetence or unprofessional conduct in his or her practice as a hearing aid specialist. As used in this subsection, “unprofessional conduct” includes, without limitation:

      (a) Conduct which is intended to deceive or which the Board by specific regulation has determined is unethical;

      (b) Conduct which is harmful to the public or any conduct detrimental to the public health or safety;

      (c) Conduct for which disciplinary action was taken by an agency of another state which is authorized to regulate the practice of hearing aid specialists; and

      (d) Knowingly employing, directly or indirectly, any person who is not licensed to fit or dispense hearing aids or whose license to fit or dispense hearing aids has been suspended or revoked.

      6.  Has loaned or transferred his or her license to another person.

      7.  Willfully violated any law of this State or any provision of this chapter regulating hearing aid specialists or the operation of an office, store or other location for dispensing hearing aids.

      8.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      (Added to NRS by 1973, 993; A 1993, 792, 1343; 1995, 1671; 2003, 2712; 2005, 774; 2009, 892; 2011, 856)

      NRS 637A.253  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 as a hearing aid specialist or an apprentice to a hearing aid specialist, 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 as a hearing aid specialist or an apprentice to a hearing aid specialist that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) 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; and

      (b) The person whose license was suspended pays the fee established by the Board pursuant to NRS 637A.210 for the reinstatement of a license.

      (Added to NRS by 1997, 2141; A 2005, 2807)

      NRS 637A.260  Complaint against licensee; investigation; retention of complaints.

      1.  The Board, any of its members or any other person who believes that a licensee or other person has violated a provision of this chapter may file a complaint specifying the relevant facts with the Board. The Board may amend any such complaint to include additional allegations if it becomes aware of any additional information concerning a further violation of the provisions of this chapter.

      2.  A complaint made against any licensee charging one or more of the causes for which his or her license may be revoked or suspended must be made with such particularity as to enable the licensee to prepare a defense thereto.

      3.  The complaint must be made in writing and 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.

      4.  The Board, on its own motion, may investigate the activities of an applicant for or a holder of a license issued pursuant to this chapter at any time.

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

      (Added to NRS by 1973, 993; A 1993, 1343; 1995, 1672; 2009, 893; 2013, 2233)

      NRS 637A.270  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  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.

      (Added to NRS by 1973, 993; A 1993, 792; 1995, 1672; 2005, 774)

      NRS 637A.290  Authorized disciplinary action; procedure for suspension; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  In a manner consistent with the provisions of chapter 622A of NRS, the holder of any license issued by the Board may be disciplined by the Board by one or more of the following methods:

      (a) Placing the licensee on probation for a period not to exceed 2 years;

      (b) Suspending the right of the licensee to practice, or the right to use a license, for a period not to exceed 3 years;

      (c) Revoking the license;

      (d) Public reprimand;

      (e) Imposition of an administrative fine not to exceed $5,000 upon a finding by the Board of more than one violation;

      (f) Requiring the licensee to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted by the Board pursuant thereto; or

      (g) Requiring the licensee to retake and pass the examination or otherwise demonstrate that he or she is qualified and competent to practice.

      2.  If a license is suspended, it must be surrendered to the Board and returned to the licensee upon termination of the period of suspension.

      3.  The Board shall not issue a private reprimand.

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

      (Added to NRS by 1973, 993; A 1975, 151; 1993, 1343; 1995, 1672; 2003, 3452; 2005, 774)

      NRS 637A.300  Surrender and reinstatement of revoked license.

      1.  If a license is revoked, it shall be surrendered to the Board.

      2.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may, in its discretion, reinstate any license after revocation upon payment of the reinstatement fee as prescribed in NRS 637A.210.

      (Added to NRS by 1973, 994; A 1975, 151; 2005, 775)

      NRS 637A.305  Active participation in fitting or dispensing hearing aid prohibited with revoked license.  A hearing aid specialist whose license has been revoked may not be an active participant in the fitting or dispensing of a hearing aid to any person.

      (Added to NRS by 1995, 1669)

      NRS 637A.310  Records required.  The Board shall keep a record of all hearings and examinations conducted under the provisions of this chapter.

      (Added to NRS by 1973, 994)

      NRS 637A.315  Confidentiality of certain records of Board; exceptions.

      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.  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.

      (Added to NRS by 2003, 3452; A 2005, 775; 2007, 2139; 2013, 2234)

UNLAWFUL ACTS; PENALTIES

      NRS 637A.340  Transfer or alteration of license.  A person shall not give, sell, transfer, or offer to give, sell or transfer, or alter any license.

      (Added to NRS by 1973, 994; A 1985, 348)

      NRS 637A.345  Inspection of premises by Board.  A member 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 engages in the business of a hearing aid specialist or an apprentice to a hearing aid specialist 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 engaged in the business of a hearing aid specialist or an apprentice to a hearing aid specialist without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2233)

      NRS 637A.350  Fraudulent use of assumed name or practice without license.  A person shall not engage in the business of a hearing aid specialist under an assumed name with intent to defraud the public or without a valid license.

      (Added to NRS by 1973, 994; A 1985, 348)

      NRS 637A.352  Engaging in business of hearing aid specialist without license; penalties.

      1.  A person shall not engage in the business of a hearing aid specialist unless the person:

      (a) Holds a license issued by the Board; or

      (b) Is exempted from the provisions of this chapter by NRS 637A.025.

      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 of not more than $5,000.

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

      (Added to NRS by 1979, 223; A 2013, 2234)

      NRS 637A.353  Engaging in business of hearing aid specialist or apprentice to hearing aid specialist without license: Reporting requirements of the 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 engages in the business of a hearing aid specialist or an apprentice to a hearing aid specialist without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2233)

      NRS 637A.355  Injunctive relief against violators.  A violation of this chapter by any person unlawfully representing himself or herself, or practicing as, a hearing aid specialist as defined in this chapter may be enjoined by a district court on petition by the Board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself or herself, or practicing as, a hearing aid specialist, the court shall enjoin the respondent from such representation or practice unless and until he or she has been duly licensed as a hearing aid specialist. Procedure in such cases shall be the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.

      (Added to NRS by 1975, 150)

      NRS 637A.360  Penalty.  Any person violating any provision of this chapter is guilty of a misdemeanor.

      (Added to NRS by 1973, 994; A 1985, 311)