[Rev. 11/21/2013 12:49:28 PM--2013]

CHAPTER 637B - AUDIOLOGISTS AND SPEECH PATHOLOGISTS

GENERAL PROVISIONS

NRS 637B.010        Legislative declaration.

NRS 637B.020        Definitions.

NRS 637B.030        “Audiologist” defined.

NRS 637B.040        “Board” defined.

NRS 637B.050        “Practice of audiology” defined.

NRS 637B.060        “Practice of speech pathology” defined.

NRS 637B.070        “Speech pathologist” defined.

NRS 637B.080        Applicability.

NRS 637B.090        Use of title “certified hearing aid audiologist.”

BOARD OF EXAMINERS FOR AUDIOLOGY AND SPEECH PATHOLOGY

NRS 637B.100        Creation; number, appointment and qualifications of members; representative of general public not to participate in examination.

NRS 637B.110        Officers.

NRS 637B.120        Meetings; quorum.

NRS 637B.130        Compensation of members and employees.

NRS 637B.135        Subpoenas; oaths; seal.

NRS 637B.137        Enforcement of subpoenas by district court.

NRS 637B.140        Fiscal year.

NRS 637B.150        Regulations.

LICENSING

NRS 637B.160        Qualifications of applicants.

NRS 637B.166        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 637B.166        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 637B.170        Examinations.

NRS 637B.190        Issuance of license without examination.

NRS 637B.200        Temporary license for person licensed in another state.

NRS 637B.210        Expiration, renewal and reinstatement of licenses; fees; required statement.

NRS 637B.220        Standards for ethical conduct; continuing education as prerequisite to license renewal.

NRS 637B.230        Fees.

NRS 637B.240        Deposit and use of fees; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.

DISCIPLINARY ACTION

NRS 637B.250        Grounds.

NRS 637B.255        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 637B.260        Complaint against applicant or licensee; retention of complaints.

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

NRS 637B.280        Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 637B.288        Confidentiality of certain records of Board; exceptions.

UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES

NRS 637B.290        Practice of audiology or speech pathology without license: Penalties.

NRS 637B.291        Practice of audiology or speech pathology without license: Reporting requirements of Board.

NRS 637B.295        Inspection of premises by Board.

NRS 637B.300        Prescribing or administering drugs or piercing or severing body tissue.

NRS 637B.310        Injunctive relief against person practicing without license.

NRS 637B.320        Penalty.

_________

GENERAL PROVISIONS

      NRS 637B.010  Legislative declaration.  The practice of audiology and the practice of speech pathology are hereby declared to be learned professions, affecting public safety and welfare and charged with the public interest, and are therefore subject to protection and regulation by the State.

      (Added to NRS by 1979, 1253)

      NRS 637B.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637B.030 to 637B.070, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1979, 1253)

      NRS 637B.030  “Audiologist” defined.  “Audiologist” means any person who engages in the practice of audiology.

      (Added to NRS by 1979, 1253)

      NRS 637B.040  “Board” defined.  “Board” means the Board of Examiners for Audiology and Speech Pathology.

      (Added to NRS by 1979, 1253)

      NRS 637B.050  “Practice of audiology” defined.  “Practice of audiology” consists of holding out to the public, or rendering, services for the measurement, testing, appraisal, prediction, consultation, counseling, research or treatment of hearing and hearing impairment for the purpose of modifying disorders in communication involving speech, language and hearing.

      (Added to NRS by 1979, 1253)

      NRS 637B.060  “Practice of speech pathology” defined.  “Practice of speech pathology” consists of holding out to the public, or rendering, services for the measurement, testing, identification, prediction, treatment or modification of, or counseling or research concerning:

      1.  Normal and abnormal development of a person’s ability to communicate;

      2.  Disorders and problems concerning a person’s ability to communicate;

      3.  Deficiencies in a person’s sensory, perceptual, motor, cognitive and social skills necessary to enable the person to communicate; and

      4.  Sensorimotor functions of a person’s mouth, pharynx and larynx.

      (Added to NRS by 1979, 1253; A 1991, 171)

      NRS 637B.070  “Speech pathologist” defined.  “Speech pathologist” means any person who engages in the practice of speech pathology.

      (Added to NRS by 1979, 1253)

      NRS 637B.080  Applicability.  The provisions of this chapter do not apply to:

      1.  Any physician or any person who is working with patients or clients under the direct, immediate supervision of a physician and for whom the physician is directly responsible.

      2.  Any hearing aid specialist who is licensed pursuant to chapter 637A of NRS and who is acting within the scope of the license.

      3.  Any person who:

      (a) Holds a current credential as an audiologist or a speech pathologist issued by the Department of Education;

      (b) Is employed as an audiologist or a speech pathologist by a federal agency or the Department of Health and Human Services;

      (c) Is a graduate student intern enrolled in a program or school approved by the Board and is pursuing a graduate degree in audiology or speech pathology;

      (d) Is a registered nurse employed as a school nurse; or

      (e) Holds a current certificate from the Council on the Education of the Deaf as a teacher,

Ê and who does not engage in the private practice of audiology or of speech pathology in this State.

      (Added to NRS by 1979, 1253; A 1987, 1677; 2005, 632)

      NRS 637B.090  Use of title “certified hearing aid audiologist.”  Nothing in this chapter prohibits the use of the title “certified hearing aid audiologist” by a person who has been so certified by the National Hearing Aid Society.

      (Added to NRS by 1979, 1254)

BOARD OF EXAMINERS FOR AUDIOLOGY AND SPEECH PATHOLOGY

      NRS 637B.100  Creation; number, appointment and qualifications of members; representative of general public not to participate in examination.

      1.  The Board of Examiners for Audiology and Speech Pathology, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Two members who have been engaged in the practice of speech pathology for 2 years or more;

      (b) One member who has been engaged in the practice of audiology for 2 years or more;

      (c) One member who is a physician and who is certified by the Board of Medical Examiners as a specialist in otolaryngology, pediatrics or neurology; and

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

             (1) A speech pathologist or an audiologist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a speech pathologist or an audiologist.

      3.  Members of the Board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.

      4.  Each member of the Board who is a speech pathologist or audiologist must hold a current license issued pursuant to this chapter or a current certificate of clinical competence from the American Speech-Language-Hearing Association.

      5.  The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the Board.

      (Added to NRS by 1979, 1254; A 2003, 1195)

      NRS 637B.110  Officers.

      1.  The Board shall elect from its members a President, a Vice President and a Secretary-Treasurer. The officers of the Board hold their respective offices at its pleasure.

      2.  The Board shall receive through its Secretary-Treasurer applications for the licenses to be issued pursuant to this chapter.

      3.  The Secretary-Treasurer is entitled to receive a salary. The Board shall determine the amount of the salary.

      (Added to NRS by 1979, 1254)

      NRS 637B.120  Meetings; quorum.

      1.  The Board shall meet at least annually and may meet at other times on the call of the President or a majority of its members.

      2.  A majority of the Board constitutes a quorum to transact all business.

      (Added to NRS by 1979, 1254)

      NRS 637B.130  Compensation of members and employees.

      1.  A member of the Board is 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.

      2.  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.

      (Added to NRS by 1979, 1254; A 1983, 197; 1985, 445; 1989, 1701; 2007, 2951)

      NRS 637B.135  Subpoenas; oaths; seal.  The Board may:

      1.  Issue subpoenas for the attendance of witnesses and production of books and papers;

      2.  Administer oaths when taking testimony in any matter relating to the duties of the Board; and

      3.  Adopt a seal which must be judicially noticed by the courts of this State.

      (Added to NRS by 1987, 830)

      NRS 637B.137  Enforcement of subpoenas by district court.

      1.  The district court in the county in which any hearing is being conducted by the Board 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.

      2.  If any witness refuses to attend or testify or produce any papers required by that subpoena, the Board may report to the district court for the county in which the hearing is pending by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed pursuant to NRS 637B.135; and

      (c) The witness has failed and refused to attend or produce the papers required by subpoena before the Board in the hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of that hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.

      3.  The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the Board. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court may thereupon enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

      (Added to NRS by 1987, 831)

      NRS 637B.140  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and ending on June 30.

      (Added to NRS by 1979, 1254)

      NRS 637B.150  Regulations.  The Board may, from time to time, adopt regulations necessary to enable it to carry out the provisions of this chapter.

      (Added to NRS by 1979, 1254)

LICENSING

      NRS 637B.160  Qualifications of applicants.

      1.  An applicant for a license to engage in the practice of audiology or speech pathology must be issued a license by the Board if the applicant:

      (a) Is over the age of 21 years;

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

      (c) Is of good moral character;

      (d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the Board;

      (g) Passes any examination required by this chapter;

      (h) Pays the fees provided for in this chapter; and

      (i) Submits all information required to complete an application for a license.

      2.  An applicant must possess a master’s degree in audiology or in speech pathology from an accredited educational institution or possess equivalent training and experience. If an applicant seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the Board satisfactory evidence that he or she has obtained at least 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including, but not limited to, the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.

      (Added to NRS by 1979, 1255; A 1983, 1045; 1997, 2143; 2005, 2741, 2807)

      NRS 637B.166  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 engage in the practice of audiology or speech pathology 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 engage in the practice of audiology or speech pathology 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 engage in the practice of audiology or speech pathology 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, 2142; A 2005, 2741, 2807)

      NRS 637B.166  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 engage in the practice of audiology or speech pathology 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 engage in the practice of audiology or speech pathology 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, 2142; A 2005, 2741, 2742, 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 637B.170  Examinations.

      1.  Examinations for licensing must be given at least once a year at the time and place fixed by the Board.

      2.  The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  Except as otherwise provided in NRS 622.090, the Board shall determine what constitutes a passing grade, except that in making that determination, the Board shall act fairly and impartially.

      (Added to NRS by 1979, 1255; A 2007, 2951)

      NRS 637B.190  Issuance of license without examination.  The Board may issue a license without examination to a person who holds:

      1.  A current license to practice audiology or speech pathology in a state whose licensing requirements at the time the license was issued are deemed by the Board to be substantially equivalent to those provided by this chapter; or

      2.  A certificate of clinical competence issued by the American Speech and Hearing Association in the field of practice for which the person is applying for a license.

      (Added to NRS by 1979, 1255; A 1983, 197)

      NRS 637B.200  Temporary license for person licensed in another state.

      1.  The Board shall issue a temporary license to practice audiology or speech pathology, upon application and the payment of the required fee, to any person who is so licensed in another state and who meets all the qualifications for licensing in this State other than passing the examination.

      2.  A temporary license issued pursuant to this section is valid until the Board publishes the results of the examination next administered after the license is issued.

      (Added to NRS by 1979, 1256)

      NRS 637B.210  Expiration, renewal and reinstatement of licenses; fees; required statement.

      1.  All licenses issued pursuant to this chapter, except a temporary license, expire on December 31 of each year.

      2.  Each holder of a license to practice audiology or speech pathology, except a temporary license, who meets the requirements for continuing education prescribed by the Board may renew the license before its expiration upon payment of the fee for annual renewal of a license and submission of all information required to complete the annual renewal of a license.

      3.  If a licensee fails to pay the fee or submit all required information for annual renewal of a license before its expiration, the license may be renewed only upon the payment of the reinstatement fee in addition to the renewal fee. A license may be renewed pursuant to this subsection only if all fees are paid and all required information is submitted within 3 years after the license has expired.

      4.  A licensee who wishes to have a license reinstated must prove to the satisfaction of the Board that the licensee has met the requirements for continuing education prescribed by the Board for the period during which the license was expired.

      (Added to NRS by 1979, 1256; A 1983, 197; 1991, 171; 1997, 2144; 2005, 2743, 2807)

      NRS 637B.220  Standards for ethical conduct; continuing education as prerequisite to license renewal.  The Board may adopt regulations setting standards for ethical conduct and requiring continuing education as a prerequisite for the renewal of any license issued under this chapter. Any regulations adopted by the Board under this section shall establish standards which make reasonably current knowledge the basis for a high standard of practice by audiologists and speech pathologists in this State.

      (Added to NRS by 1979, 1256)

      NRS 637B.230  Fees.

      1.  The Board shall charge and collect only the following fees whose amounts must be determined by the Board, but may not exceed:

 

Application fee for a license to practice speech pathology.......................... $100

Application fee for a license to practice audiology.......................................... 100

Annual fee for the renewal of a license................................................................ 50

Reinstatement fee..................................................................................................... 75

 

      2.  All fees are payable in advance and may not be refunded.

      (Added to NRS by 1979, 1256; A 1983, 198; 1991, 172)

      NRS 637B.240  Deposit and use of fees; 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 collected under the provisions of this chapter must be paid to the Secretary-Treasurer of the Board to be used to defray the necessary expenses of the Board. The Secretary-Treasurer shall deposit the fees in qualified banks, credit unions or savings and loan associations in this State.

      2.  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 civil penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of civil 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 1979, 1254; A 1983, 1540; 1999, 1534; 2005, 775)

DISCIPLINARY ACTION

      NRS 637B.250  Grounds.  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony relating to the practice of audiology or speech pathology;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

      4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      5.  Professional incompetence.

      6.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

      (b) An act or omission occurs which results 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 1979, 1256; A 1981, 597; 1987, 1565; 1993, 792; 2003, 2712; 2009, 893; 2011, 856)

      NRS 637B.255  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 engage in the practice of audiology or speech pathology, 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 engage in the practice of audiology or speech pathology 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 any fees imposed by the Board pursuant to NRS 637B.230 for the reinstatement of a license.

      (Added to NRS by 1997, 2143; A 2005, 2807)

      NRS 637B.260  Complaint against applicant or licensee; retention of complaints.

      1.  A complaint may be made against any applicant for a license or any licensee charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.

      2.  The complaint must be 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.

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

      (Added to NRS by 1979, 1256; A 2009, 894; 2013, 2235)

      NRS 637B.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 1979, 1257; A 1993, 793; 2005, 776)

      NRS 637B.280  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If, after notice and a hearing as required by law, the Board determines that the applicant or licensee has committed any act which constitutes grounds for disciplinary action, the Board may, in the case of the applicant, refuse to issue a license, and in all other cases:

      (a) Refuse to renew a license;

      (b) Revoke a license;

      (c) Suspend a license for a definite time, not to exceed 1 year;

      (d) Administer to the licensee a public reprimand; or

      (e) Impose a civil penalty not to exceed $1,000.

      2.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1979, 1257; A 2003, 3453; 2005, 776)

      NRS 637B.288  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, 776; 2007, 2140; 2013, 2235)

UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES

      NRS 637B.290  Practice of audiology or speech pathology without license: Penalties.

      1.  A person shall not engage in the practice of audiology or speech pathology in this State without holding a valid license issued pursuant to the provisions of this chapter.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has engaged in the practice of audiology or speech pathology in this State without holding a valid license issued pursuant to the provisions of this chapter, 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, 1257; A 1985, 348; 1987, 1678; 2013, 2236)

      NRS 637B.291  Practice of audiology or speech pathology 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 audiology or speech pathology without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2235)

      NRS 637B.295  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 practices audiology or speech pathology 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 audiology or speech pathology without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2235)

      NRS 637B.300  Prescribing or administering drugs or piercing or severing body tissue.  An audiologist or speech pathologist who is not also a physician shall not prescribe or administer drugs or pierce or sever any body tissue.

      (Added to NRS by 1979, 1257)

      NRS 637B.310  Injunctive relief against person practicing without license.

      1.  The Board through its President or Secretary-Treasurer may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing audiology or speech pathology without a license valid under this chapter.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Shall not relieve such person from criminal prosecution for practicing without a license.

      (Added to NRS by 1979, 1257)

      NRS 637B.320  Penalty.  Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      (Added to NRS by 1979, 1257)