[Rev. 11/22/2013 10:05:11 AM--2013]

[NAC-637B Revised Date: 1-05]

CHAPTER 637B - AUDIOLOGISTS AND SPEECH PATHOLOGISTS

GENERAL PROVISIONS

637B.001         Definitions.

637B.0015       “Applicant” defined.

637B.002         “Audiologist” defined.

637B.0025       “Board” defined.

637B.003         “Client” defined.

637B.0035       “Complainant” defined.

637B.004         “Investigator” defined.

637B.0045       “Licensee” defined.

637B.005         “Party” defined.

637B.0055       “Presiding officer” defined.

637B.006         “Respondent” defined.

637B.0065       “Speech pathologist” defined.

637B.007         “Staff” defined.

637B.011         Authority to use designation related to degree of doctor of audiology.

BOARD OF EXAMINERS FOR AUDIOLOGY AND SPEECH PATHOLOGY

637B.015         Administrator: Appointment; duties; salary.

637B.020         Salary of members.

637B.030         Schedule of fees.

LICENSING

637B.035         Application: Attachment of transcript; payment of fee.

PROFESSIONAL CONDUCT

637B.040         Adoption by reference of “Code of Ethics.”

637B.042         Professional responsibility.

637B.044         Responsibility to client.

637B.046         Grounds for disciplinary action: Unprofessional conduct.

637B.048         Grounds for disciplinary action: “Professional incompetence” interpreted.

ADMINISTRATIVE PROCEEDINGS

General Provisions

637B.050         Scope, construction, deviation and severability.

637B.060         Computation of time.

637B.080         Additional information.

637B.090         Address for written communications and documents to Board.

Parties and Representatives

637B.120         Participation by staff.

637B.130         Appearance by party.

637B.135         Attendance and representation of party.

637B.160         Withdrawal of attorney.

Pleadings, Motions and Preliminary Proceedings

637B.170         Verification, amendment and construction of pleadings.

637B.175         Informal complaint: Filing, form and contents of accusation; limited waiver of confidentiality; petition for declaratory order or advisory opinion.

637B.181         Informal complaint: Examination by staff; notice to respondent.

637B.185         Informal complaint: Response; failure to respond; review by staff.

637B.191         Investigation of informal complaint: Authority of staff; production of records and other evidence.

637B.195         Investigation of informal complaint: Removal and copying of records or other evidence.

637B.201         Investigation of informal complaint: Procedure upon completion; notice of hearing and formal complaint.

637B.205         Formal complaint: Answer; failure to answer.

637B.211         Formal complaints: Consolidation.

637B.215         Formal complaint: Exchange of evidence and lists of witnesses.

637B.221         Discovery; depositions.

637B.225         Prehearing conference and orders.

637B.231         Motions.

637B.240         Filing and availability of pleadings, motions and other papers.

637B.260         Proof of service.

Hearings

637B.275         Procedure; inclusion of certain documents in record; posthearing briefs.

637B.280         Continuances.

637B.340         Official notice of Board.

637B.370         Records of hearings.

Declaratory Orders and Advisory Opinions

637B.380         Petitions.

637B.390         Decision by Board.

CONTINUING EDUCATION

637B.400         Requirements for renewal of license; records; audits.

637B.410         Subjects; limitation on acceptance.

637B.420         Acceptable activities, courses, seminars, workshops and conferences; limitations on credit.

637B.430         Waiver or deferral of requirements.

 

 

 

GENERAL PROVISIONS

      NAC 637B.001  Definitions. (NRS 637B.150)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 637B.0015 to 637B.007, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0015  “Applicant” defined. (NRS 637B.150)  “Applicant” means a person who applies for any privilege, license, approval or authority from the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.002  “Audiologist” defined. (NRS 637B.150)  “Audiologist” means any person who engages in the practice of audiology.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0025  “Board” defined. (NRS 637B.150)  “Board” means the Board of Examiners for Audiology and Speech Pathology.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.003  “Client” defined. (NRS 637B.150)  “Client” means a person who receives services from an audiologist or speech pathologist.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0035  “Complainant” defined. (NRS 637B.150)  “Complainant” means a person filing a complaint with the Board concerning a licensee.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.004  “Investigator” defined. (NRS 637B.150)  “Investigator” means an investigator of the Board who is investigating a complaint filed with the Board and includes, without limitation, any member of the Board who is active in such an investigation.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0045  “Licensee” defined. (NRS 637B.150)  “Licensee” means any person who holds a license as an audiologist or speech pathologist pursuant to chapter 637B of NRS.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.005  “Party” defined. (NRS 637B.150)  “Party” includes:

     1.  The respondent;

     2.  The attorney, if any, representing the respondent; and

     3.  The legal counsel for the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0055  “Presiding officer” defined. (NRS 637B.150)  “Presiding officer” means:

     1.  The Chairman of the Board; or

     2.  The person appointed to chair a hearing on a formal complaint.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.006  “Respondent” defined. (NRS 637B.150)  “Respondent” means the licensee accused in an informal complaint or formal complaint before the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.0065  “Speech pathologist” defined. (NRS 637B.150)  “Speech pathologist” means any person who engages in the practice of speech pathology.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.007  “Staff” defined. (NRS 637B.150)  “Staff” means the staff of the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.011  Authority to use designation related to degree of doctor of audiology. (NRS 637B.150)  A person who has obtained a degree of doctor of audiology from an accredited college or university may refer to himself as a “doctor of audiology” and use the corresponding initials “Au.D” or “Ph.D.”

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

BOARD OF EXAMINERS FOR AUDIOLOGY AND SPEECH PATHOLOGY

      NAC 637B.015  Administrator: Appointment; duties; salary. (NRS 637B.150)

     1.  The Board will appoint a person to administrate the Office of the Board. The Administrator is responsible for the daily operation of the Office of the Board.

     2.  The Administrator shall provide office space to maintain the principal Office of the Board.

     3.  The Administrator is entitled to receive a salary, the amount of which will be determined by the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.020  Salary of members. (NRS 637B.130, 637B.150)  A member of the Board is entitled to receive a salary of $60 per day while engaged in the business of the Board.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 6-20-90)

      NAC 637B.030  Schedule of fees. (NRS 637B.150, 637B.230)  The Board will charge and collect the following fees:

     1.  Application fee for license to practice speech pathology...................................

             $100

     2.  Application fee for license to practice audiology...............................................

               100

     3.  Annual fee for renewal of license......................................................................

                 50

     4.  Reinstatement fee...............................................................................................

                 75

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 6-20-90; A 11-15-95)

LICENSING

      NAC 637B.035  Application: Attachment of transcript; payment of fee. (NRS 637B.150, 637B.160)

     1.  Each applicant must attach to the application his official transcript from the accredited educational institution where he obtained:

     (a) His master’s or doctorate degree in audiology or in speech pathology; or

     (b) 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.

     2.  Each completed application for a license as an audiologist or speech pathologist must be accompanied by a check or money order for the appropriate fee. The check or money order must be payable to the “Board of Examiners for Audiology and Speech Pathology.”

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

PROFESSIONAL CONDUCT

      NAC 637B.040  Adoption by reference of “Code of Ethics.” (NRS 637B.150, 637B.220)

     1.  The “Code of Ethics” of the American Speech-Language-Hearing Association, in effect on January 1, 2003, is hereby adopted by reference as the standards for ethical conduct of licensed audiologists and speech pathologists, except wherever the word “individual” appears, insert the word “licensee” in lieu thereof.

     2.  A copy of the Code may be obtained at no charge:

     (a) From the State of Nevada, Board of Examiners for Audiology and Speech Pathology, P.O. Box 70550, Reno, Nevada 89570-0550; or

     (b) By telephone at (775) 857-3500.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 4-21-86; A by R219-03, 9-16-2004)—(Substituted in revision for NAC 637B.010)

      NAC 637B.042  Professional responsibility. (NRS 637B.150, 637B.220)  A licensee:

     1.  Shall not misrepresent, in advertising or otherwise, his education, training, type of license or certificate, qualifications, competence or service, or the results to be achieved if he provides service to a client.

     2.  Shall not engage in the practice of audiology or speech pathology while he is impaired by:

     (a) Alcohol, drugs or any other chemical; or

     (b) A mental or physical condition that prevents him from safely engaging in the practice of audiology or speech pathology.

     3.  Shall not use his relationship with a client to further his own personal, religious, political or business interests.

     4.  Shall set and maintain professional boundaries with clients, interns and persons with whom he works.

     5.  Shall not give or receive, directly or indirectly, a fee, commission, rebate or other compensation for professional services that he has not actually and personally provided.

     6.  Except as otherwise provided in subsection 7, shall not disparage the qualifications of any colleague.

     7.  Shall report to the Board any unlicensed, unauthorized, unqualified or unethical practice of audiology or speech pathology that is occurring.

     8.  Shall not attempt to diagnose, prescribe for, treat or provide advice for any problem which is outside of his field of competence, the scope of the practice of audiology or speech pathology or the scope of his license or certificate.

     9.  Shall base his practice upon the recognized knowledge relevant to audiology or speech pathology.

     10.  Shall critically examine and keep current with emerging knowledge relevant to the practice of audiology or speech pathology.

     11.  Based upon recognized knowledge and standards for the practice of audiology or speech pathology, shall prepare and maintain in a timely manner a record for each of his clients which:

     (a) Sets forth his assessment of the problems of the client, plan of action for the client, course of treatment to that client and progress notes regarding the course of treatment of the client; and

     (b) Includes copies of other relevant documentation, including, without limitation:

          (1) All documents relating to the informed consent given by the client;

          (2) All documents relating to the release of information regarding the client; and

          (3) All other legal documents regarding the client.

Ê As used in this subsection, “assessment” means an evaluation of the client that is based upon comprehensive information about the client.

     12.  Shall complete and submit any reports required by this chapter and chapter 637B of NRS, or pursuant to any rule, order or instruction of a court of competent jurisdiction, in a timely manner.

     13.  Shall comply with the provisions of this chapter and chapter 637B of NRS and all other applicable federal laws and regulations.

     14.  Shall not authorize a person under the supervision of the licensee to perform services that are outside of the scope of the license, certificate, training or experience of the person performing the services, or allow such a person to hold himself out as having expertise in a field or activity in which that person is not qualified.

     15.  Shall notify the Board in writing within 10 days after:

     (a) An action is taken against any license, certification, registration or other credential held by the licensee that was issued by another state or territory of the United States;

     (b) A criminal charge is filed against the licensee;

     (c) The licensee is convicted of a criminal offense, other than a traffic offense which is a misdemeanor that does not involve alcohol or controlled substances;

     (d) A civil action, including, without limitation, an action for malpractice, is filed against the licensee; or

     (e) A settlement or judgment is made in any civil action, including, without limitation, an action for malpractice, in any case filed against the licensee for any act relating to the practice of audiology or speech pathology.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.044  Responsibility to client. (NRS 637B.150, 637B.220)

     1.  A licensee shall serve his clients with professional skill and competence.

     2.  If a licensee must act on behalf of a client who has been declared to be incompetent or if a client is otherwise found by the Board to be incapable of acting in his own best interest, the licensee shall safeguard the interests and rights of that client.

     3.  If another person has been legally authorized to act on behalf of an incompetent client, a licensee shall deal with the legal representative of the client in accordance with the best interest of the client.

     4.  A licensee shall not practice, condone, facilitate or collaborate with any form of discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, social, economic, health or marital status, political belief, diagnosis or physical disability, or on the basis of any preference or personal characteristic, condition or status of a person.

     5.  A licensee shall not misrepresent to a client the efficacy of his service or the results to be achieved.

     6.  A licensee shall apprise each of his clients of the risks, rights, opportunities and obligations, financial or otherwise, associated with the provision of services to the client for audiology or speech pathology.

     7.  A licensee shall seek the advice and counsel of his colleagues and supervisors when such a consultation is in the best interest of the client.

     8.  A licensee shall terminate service to a client and a professional relationship with a client when the service and relationship are no longer required or no longer serve the needs of the client.

     9.  A licensee shall not withdraw his services precipitously, except under unusual circumstances and after giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects to the client.

     10.  A licensee who anticipates the termination or interruption of service to a client shall notify the client as promptly as possible and seek the transfer, referral or continuation of service in relation to the needs and preferences of the client.

     11.  A licensee shall not influence or attempt to influence a client in any manner which could be reasonably anticipated in his deriving benefits of an unprofessional nature from the client during the time that the client is receiving professional services from the licensee and for 2 years after the termination of those services.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.046  Grounds for disciplinary action: Unprofessional conduct. (NRS 637B.150, 637B.250)

     1.  A violation of any provision of this chapter by a licensee constitutes unprofessional conduct and subjects the licensee to disciplinary action by the Board.

     2.  If a licensee violates any provision of this chapter or engages in any other kind of unprofessional conduct while his license is in effect, the Board will take disciplinary action against the licensee, including, without limitation, taking action against the licensee after his license has expired or been suspended.

     3.  If a board or entity in this State or in another state which has issued a license, certificate, registration or other credential to a licensee for the practice of audiology or speech pathology or a related field revokes or suspends the license, certificate, registration or other credential, or takes any other disciplinary action against the licensee, the revocation, suspension or disciplinary action is a ground for disciplinary action by the Board against the licensee for unprofessional conduct.

     4.  The failure of a licensee to comply with a stipulation, agreement, advisory opinion or order issued by the Board constitutes unprofessional conduct and is a ground for disciplinary action by the Board against the licensee.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.048  Grounds for disciplinary action: “Professional incompetence” interpreted. (NRS 637B.150, 637B.250)

     1.  For the purposes of subsection 5 of NRS 637B.250, the Board will interpret the term “professional incompetence” to mean a lack of knowledge, skill or ability in discharging a professional obligation and to include, without limitation, malpractice and gross negligence.

     2.  As used in this section:

     (a) “Gross negligence” means conduct in the practice of audiology or speech pathology which represents an extreme departure from the standard of care required from an audiologist or speech pathologist under the circumstances.

     (b) “Malpractice” means conduct in the practice of audiology or speech pathology which falls below the standard of care required from an audiologist or speech pathologist under the circumstances.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

ADMINISTRATIVE PROCEEDINGS

General Provisions

      NAC 637B.050  Scope, construction, deviation and severability. (NRS 637B.150)

     1.  NAC 637B.050 to 637B.390, inclusive:

     (a) Govern all practice and procedure before the Board.

     (b) Will be liberally construed to secure a just, speedy and economical determination of all issues presented to the Board.

     2.  In special cases, where good cause appears, the Board may permit deviation from NAC 637B.050 to 637B.390, inclusive, insofar as it may find compliance therewith to be impractical or unnecessary.

     3.  If any provision of NAC 637B.050 to 637B.390, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions or applications to the extent they can be given effect.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 1, eff. 2-28-80]—(NAC A by R219-03, 9-16-2004)

      NAC 637B.060  Computation of time. (NRS 637B.150)  The time within which any act must be done under NAC 637B.050 to 637B.390, inclusive, is computed by excluding the first day and including the last day unless the last day is Saturday, Sunday or a legal holiday, and then the last day is excluded and the time is extended to the next regular business day.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 12.1, eff. 2-28-80]

      NAC 637B.080  Additional information. (NRS 637B.150)  Additional information with reference to proceedings before the Board or the status of any matter may be secured by applying to the Administrator.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 12.2, eff. 2-28-80]—(NAC A by R219-03, 9-16-2004)

      NAC 637B.090  Address for written communications and documents to Board. (NRS 637B.150)  All formal written communications and documents must be addressed to the Board of Examiners for Audiology and Speech Pathology and not to individual members of the Board or its staff.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 2.2, eff. 2-28-80]

Parties and Representatives

      NAC 637B.120  Participation by staff. (NRS 637B.150)  Members of the Board’s staff may appear at any proceeding and exercise all rights of participation as parties to the proceeding.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 3.7, eff. 2-28-80]

      NAC 637B.130  Appearance by party. (NRS 637B.150)  A party may enter his appearance at the beginning of a hearing, or at any time as may be designated by the presiding officer, by giving his name and address and stating his position or interest to the presiding officer. The information must be recorded in the transcript of the hearing.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 4.1, eff. 2-28-80]

      NAC 637B.135  Attendance and representation of party. (NRS 637B.150)

     1.  Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney.

     2.  A party shall attend a hearing on the merits in person unless the presiding officer waives the requirement of the attendance of the party.

     3.  In addition to any other disciplinary action, if a party who is required to attend a hearing in person fails to do so without having obtained a waiver of the requirement of his attendance pursuant to subsection 2, the Board may:

     (a) Determine that his failure to attend the hearing in person shall be deemed:

          (1) An admission of all matters and facts contained in the record with respect to the party; and

          (2) A waiver of the right to an evidentiary hearing; and

     (b) Take action based upon the admission or upon any other evidence, including affidavits, without any further notice or a hearing.

     4.  If a party retains an attorney to represent him before the Board, the attorney shall so notify the Board not later than 10 days after he is retained. Thereafter:

     (a) The attorney shall sign all motions, oppositions, notices, requests and other papers, including requests for subpoenas; and

     (b) The Board will serve all notices, motions, orders, decisions, and any other papers or pleadings upon the attorney.

     5.  An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he must be otherwise authorized to practice law in this State.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.160  Withdrawal of attorney. (NRS 637B.150)  Any attorney of record wishing to withdraw from a proceeding before the Board shall, in writing, immediately notify the Board or the presiding officer, the party whom he represented, and any other parties to the proceeding.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 4.4, eff. 2-28-80]

Pleadings, Motions and Preliminary Proceedings

      NAC 637B.170  Verification, amendment and construction of pleadings. (NRS 637B.150)

     1.  All pleadings, except complaints brought on the Board’s motion, must be verified.

     2.  The Board will, when substantial rights of the parties are not violated thereby, allow any pleading to be amended or corrected or any omission therein to be supplied.

     3.  All pleadings will be liberally construed with a view to effect justice between the parties, and the Board or presiding officer will, at every stage of any proceeding, disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

     [Bd. of Exam’rs for Audiology & Speech Path., Rules 5.1-5.3, eff. 2-28-80]

      NAC 637B.175  Informal complaint: Filing, form and contents of accusation; limited waiver of confidentiality; petition for declaratory order or advisory opinion. (NRS 637B.150)

     1.  A person may file an accusation with the Board concerning the goods or services provided by a licensee or the activities of a licensee. Such an accusation must be on a form provided by the Board. If a complainant is the client of and is complaining about his treatment by a licensee, the Board will provide the complainant with a form for a limited waiver of confidentiality regarding his records which the complainant must sign and return to the Board. Such an accusation will not be further reviewed or processed by the staff or legal counsel until the signed limited waiver is received by the staff.

     2.  A complainant shall include in the accusation information that is sufficiently detailed so as to enable the respondent to prepare a response.

     3.  The Board will initially consider any accusation regarding a licensee as an informal complaint.

     4.  Except as otherwise provided in NRS 233B.120, a petition filed pursuant to NRS 233B.120 may be processed as an informal complaint.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.181  Informal complaint: Examination by staff; notice to respondent. (NRS 637B.150)

     1.  Upon receipt of an informal complaint filed pursuant to NAC 637B.175, the staff shall examine the informal complaint to determine whether it:

     (a) Has been properly verified; and

     (b) Alleges sufficient facts to warrant further proceedings.

     2.  If the staff determines that the informal complaint has been properly verified and alleges sufficient facts to warrant further proceedings, the staff shall notify the respondent by sending a copy or a summary of the informal complaint by certified mail to the respondent.

     3.  The notification must set forth the alleged violations of a provision of this chapter or of chapter 637B of NRS arising in the informal complaint and request a response from the respondent for review by the Board before a hearing is set.

     4.  The transmission of the copy or summary of the informal complaint shall be deemed to be a notice of intended action pursuant to subsection 3 of NRS 233B.127.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.185  Informal complaint: Response; failure to respond; review by staff. (NRS 637B.150)

     1.  Upon the receipt of a copy or summary of an informal complaint that has been filed against him pursuant to NAC 637B.175, the respondent shall submit to the Board a written response to the informal complaint within 15 days after the date on which the informal complaint was served. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

     2.  A response to an informal complaint must:

     (a) Respond to the allegations made in the informal complaint; and

     (b) Be accompanied by all documentation that would be useful to the staff in its review of the allegations made in the informal complaint and the responses made by the respondent to those allegations.

     3.  In addition to any other disciplinary action, if the respondent fails to respond as required pursuant to subsection 1, he shall be deemed to have admitted the allegations in the informal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the respondent in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the complaint.

     4.  In cases in which a response is filed as required pursuant to subsection 1, the staff shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or other qualified persons in the review and may take any other reasonable action necessary to further the review.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.191  Investigation of informal complaint: Authority of staff; production of records and other evidence. (NRS 637B.150)

     1.  After the initial review of the informal complaint and the responses made thereto conducted pursuant to NAC 637B.185, the staff may:

     (a) Investigate the allegations and employ such people as they deem necessary to further the investigations;

     (b) Consult with experts in the appropriate fields, including, without limitation, the employment of such persons for the purposes of an investigation or a hearing;

     (c) Investigate new leads and allegations that may come to their knowledge in the course of the investigation;

     (d) Enlist the aid of a member of the Board or other qualified person in the conduct of the investigation; and

     (e) Take any other reasonable action necessary to further the investigation.

     2.  During an investigation of an informal complaint, the staff, or investigator, if any, may demand that a respondent produce his records or other evidence for inspection or copying, with or without prior notice to the respondent and with or without a subpoena. Unless the requested records are made confidential pursuant to law, the respondent shall not refuse any such request for records.

     3.  If the respondent initially refuses or fails to cooperate with a request for records in violation of this section, the Board may immediately suspend his license until the respondent complies with the request for records or other evidence.

     4.  If the respondent continues to refuse or fail to cooperate with a request for records or other evidence in violation of this section after the Board has suspended his license pursuant to subsection 3, the Board may take such further disciplinary action against the respondent as the Board determines necessary.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.195  Investigation of informal complaint: Removal and copying of records or other evidence. (NRS 637B.150)

     1.  If the staff, or investigator, if any, determines that a specific record or other specific evidence is material to or necessary for an investigation conducted pursuant to NAC 637B.191, the staff or investigator may remove the record or evidence and provide a copy of the record or evidence to the owner of that record.

     2.  If the record or other evidence can be readily copied at the location where the record or evidence is located, the staff or investigator shall make a copy of the record or evidence at that location.

     3.  If the record or other evidence cannot be readily copied at the location where the record or evidence is located, the staff or investigator may remove the record or evidence from that location to copy the record or evidence.

     4.  If the staff or investigator removes a record or other evidence to be copied pursuant to subsection 3, the staff or investigator shall provide the person to whom the record or evidence being removed belongs with a receipt for the record or evidence and, not later than 5 business days after the record or evidence is removed, provide a copy of the record or evidence to that person.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.201  Investigation of informal complaint: Procedure upon completion; notice of hearing and formal complaint. (NRS 637B.150)

     1.  When an investigation of an informal complaint conducted pursuant to NAC 637B.191 is complete, the staff, and investigator, if any, shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint.

     2.  If the staff, and investigator, if any, determine that no allegation of a violation of a statute or regulation set forth in the informal complaint can be sustained, the staff shall notify, in writing, the complainant and the respondent of this determination.

     3.  If the staff, and investigator, if any, determine that a violation of a statute or regulation as alleged in the informal complaint can be sustained, the legal counsel for the Board shall:

     (a) In compliance with NRS 622.330, offer mediation, settlement agreements, stipulations of facts and liability or informal hearings; or

     (b) Prepare a notice of hearing and a formal complaint.

     4.  A notice of hearing and a formal complaint must:

     (a) Be a plain statement of the facts and applicable provisions of statutes and regulations regarding the alleged acts of the respondent alleged to be in violation of the statutes and regulations governing the practice of audiology and speech pathology;

     (b) Include the date, time and place that the Board will hear the matter, if this information is known at the time when the notice of hearing and a formal complaint are sent to the respondent; and

     (c) Be signed by the legal counsel for the Board and, if a member of the Board was active in the investigation, by that member of the Board.

     5.  The staff shall send a notice of hearing and a formal complaint prepared pursuant to subsection 4 to the respondent by certified mail.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.205  Formal complaint: Answer; failure to answer. (NRS 637B.150)

     1.  A respondent who receives a notice of hearing and a formal complaint pursuant to NAC 637B.201 shall file his answer to the notice of hearing and the formal complaint not later than 15 days after the date on which the notice of hearing and the formal complaint were served. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

     2.  An answer to a notice of hearing and a formal complaint filed by a respondent must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.

     3.  In addition to any other disciplinary action, if the respondent fails to file an answer as required pursuant to subsection 1, he shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the respondent in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the formal complaint.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.211  Formal complaints: Consolidation. (NRS 637B.150)  The Board may join two or more formal complaints into one formal complaint if:

     1.  The causes of action of each formal complaint are against the same person and deal with substantially the same or similar violations of statutes and regulations; and

     2.  The joining of the formal complaints will serve the best interests of the Board, complainants and respondent.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.215  Formal complaint: Exchange of evidence and lists of witnesses. (NRS 637B.150)

     1.  Not later than 10 days after a respondent files an answer to a formal complaint pursuant to NAC 637B.205, the legal counsel for the Board and the respondent shall exchange:

     (a) A copy of all documents and other evidence that are reasonably available to the party and that the party reasonably anticipates will be used by the party at the hearing; and

     (b) A written list of all persons who the party reasonably anticipates will be called to testify at the hearing by the party. The list must include the name and address of each potential witness and a general description of the anticipated subject matter of his testimony.

     2.  If, after initially providing the documents and list of witnesses pursuant to subsection 1, a party reasonably anticipates that other documents or witnesses will be used in support of his position, or if any of the documents or information previously provided changes, the party shall supplement and update his submission to the other parties.

     3.  If a party fails to provide documentation or information as required by this section, the presiding officer shall exclude the undisclosed document or the testimony of the witness at the hearing, unless the party seeking to include the document or witness demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date on which the exchange was required and that the evidence or witness was given or communicated to the other parties immediately after it was obtained.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.221  Discovery; depositions. (NRS 637B.150)  Discovery may only be done in accordance with the provisions of NAC 637B.050 to 637B.390. The Board will not allow for the taking of depositions.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.225  Prehearing conference and orders. (NRS 637B.150)  The presiding officer may order a prehearing conference and may enter such prehearing orders as the presiding officer determines are appropriate for the efficient conduct of the hearing, including, without limitation:

     1.  The exchange of written direct testimony of witnesses;

     2.  The exclusion of particular testimony or evidence;

     3.  The admission of particular testimony and other exhibits by agreement of the parties;

     4.  The advance marking of all exhibits;

     5.  The exchange by the parties of written prehearing statements or briefs similar to pretrial statements filed in district court; and

     6.  Settlement negotiations. Settlement negotiations, and the statements of parties relating thereto, made at a prehearing conference are not admissible in evidence at the hearing unless the parties agree and the agreement is incorporated in a prehearing order.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.231  Motions. (NRS 637B.150)

     1.  A motion concerning any matter before the Board must be made in writing, unless the motion is made during the hearing on that matter. The presiding officer may deny as untimely:

     (a) Any motion made during a hearing if the motion could have reasonably been made before the hearing; and

     (b) Any motion that is filed on a date that does not provide the opposing parties a reasonable time to respond.

     2.  A written motion must set forth the nature of the relief sought by and the grounds for the motion.

     3.  A party may oppose a written motion by filing a written response to the motion with the Board and all the parties to the proceeding to which the motion relates within 10 days after the written motion is filed.

     4.  If a written response to a motion is filed, the party who made the motion may file and serve a written reply to the response.

     5.  Except as otherwise provided in this section, the presiding officer shall rule on all written motions on a matter at or before the hearing scheduled on the matter. The presiding officer may rule on a motion without oral argument or may allow oral arguments to be made before ruling on the motion. If the presiding officer allows oral arguments on a written motion to be made, the presiding officer shall set a time and date for hearing the oral arguments.

     6.  The presiding officer may require the Board to vote to decide a motion.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.240  Filing and availability of pleadings, motions and other papers. (NRS 637B.150)  The original and two legible copies of each pleading, motion or other paper must be filed with the Board. The Board may direct that a copy of each pleading or other document designated by the Board be made available by the party filing it to any other person whom the Board determines may be affected by the proceeding and who desires a copy.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 7.1, eff. 2-28-80]

      NAC 637B.260  Proof of service. (NRS 637B.150)  With all documents required to be served by the Board, except its decisions and orders, an acknowledgment of service or the following certificate will be included:

 

I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy thereof in person to ................................) (by mailing a copy thereof, properly addressed, with postage prepaid to ................................).

 

Dated at ..................., this .........(day) of .................(month) of .........(year)

 

                                                                                    .......................................................................

                                                                                                                 Signature

 

     [Bd. of Exam’rs for Audiology and Speech Path., Rule 7.3, eff. 2-28-80]

Hearings

      NAC 637B.275  Procedure; inclusion of certain documents in record; posthearing briefs. (NRS 637B.150)

     1.  The presiding officer shall call the hearing to order and proceed to take the appearances on behalf of the Board or respondent.

     2.  The notice of hearing, any petition, answer, response or written stipulation and, if the hearing concerns a disciplinary proceeding, the complaint or any other responsive pleading become a part of the record without being read into the record, unless a party requests that the document be read into the record.

     3.  The legal counsel for the Board shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing arguments for the Board last.

     4.  Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

     (a) Opening statement by the legal counsel for the Board.

     (b) Opening statement by the respondent or the attorney for the respondent who may choose to make the opening statement at the beginning of the respondent’s case.

     (c) For each witness offered by the legal counsel for the Board:

          (1) Direct examination by the legal counsel for the Board;

          (2) Cross-examination by the respondent or the attorney for the respondent;

          (3) Redirect examination by the legal counsel for the Board;

          (4) Recross-examination by the respondent or the attorney for the respondent; and

          (5) Examination by the members of the Board.

     (d) For each witness offered by the respondent, the same order as for witnesses offered by the legal counsel for the Board.

     (e) If applicable, closing arguments by the respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal counsel for the Board.

     5.  A member of the Board may, at any time during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including additional testimony or documentary evidence.

     6.  A consolidated hearing before the Board will proceed in the same manner as described in this section with the order of the parties and evidence to be determined in the discretion of the presiding officer.

     7.  Posthearing briefs may be allowed by the presiding officer or upon a majority vote of the members of the Board. If such briefs are allowed, the Board will establish a time by when such briefs must be submitted.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

      NAC 637B.280  Continuances. (NRS 637B.150)

     1.  The Board may before or during a hearing, and upon a proper showing, grant a continuance for submission of additional proof or other reasonable purpose.

     2.  Requests for continuances must be submitted pursuant to NAC 637B.231.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 8.7, eff. 2-28-80]—(NAC A by R219-03, 9-16-2004)

      NAC 637B.340  Official notice of Board. (NRS 637B.150)  In addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take official notice of:

     1.  Regulations, official reports, decisions and orders of the Board or any other regulatory agency of the State of Nevada.

     2.  Contents of certificates and permits issued by the Board.

     3.  Any provision of NRS.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 8.9, eff. 2-28-80]

      NAC 637B.370  Records of hearings. (NRS 637B.150)  Any person desiring a copy of the record of a hearing may obtain it from the Office of the Board, or the official reporter, upon payment of the fees fixed therefor.

     [Bd. of Exam’rs for Audiology & Speech Path., Rule 8.10, eff. 2-28-80]

Declaratory Orders and Advisory Opinions

      NAC 637B.380  Petitions. (NRS 637B.150)

     1.  The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of any statutory provision or any regulation or decision of the Board.

     2.  A petition for a declaratory order or an advisory opinion must be in writing and substantially in the format of Form No. 1.*

     *See adopting agency for form.

     [Bd. of Exam’rs for Audiology & Speech Path., Rules 10.1 & 10.2, eff. 2-28-80]

      NAC 637B.390  Decision by Board. (NRS 637B.150)

     1.  Upon submission of a petition for a declaratory order or an advisory opinion, the Board will, within 90 days grant or deny the petition in writing, stating its reasons, or initiate proceedings for adoption of an appropriate regulation.

     2.  A copy of any denial or other correspondence from the Board to the petitioner will be served by mailing a copy thereof to the petitioner.

     [Bd. of Exam’rs for Audiology & Speech Path., Rules 10.3 & 10.4, eff. 2-28-80]

CONTINUING EDUCATION

      NAC 637B.400  Requirements for renewal of license; records; audits. (NRS 637B.150, 637B.220)

     1.  As a prerequisite for each renewal of his license to practice audiology or speech pathology, a licensee must complete, during the annual period immediately preceding the renewal, at least 15 hours of continuing education approved by the Board, unless he has been granted a waiver or deferral pursuant to NAC 637B.430.

     2.  The licensee must, upon application for the renewal of his license, submit to the Board a statement signed by the licensee, under penalty of perjury, that he has complied with the requirements for continuing education prescribed in subsection 1. For each course of continuing education which the licensee has completed, the statement must include:

     (a) The title and sponsor of the course;

     (b) The date on which the licensee attended the course;

     (c) The number of hours of continuing education earned by the licensee; and

     (d) If applicable, proof that the licensee received a minimum passing score on the final examination of the course.

     3.  Legible copies of all receipts, records of attendance, certificates and any other evidence of a licensee’s completion of a course of continuing education must be retained by the licensee and made available to the Board for inspection for not less than 3 years after the completion of the course.

     4.  The Board will conduct random audits of licensees to ensure compliance with the requirements of this section.

     5.  If a licensee completes more than the required number of hours of continuing education during one licensing period, he is not allowed to credit the excess hours toward the required education for a subsequent period.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 7-1-82; A 12-10-84; 6-20-90; 11-15-95; R219-03, 9-16-2004)

      NAC 637B.410  Subjects; limitation on acceptance. (NRS 637B.150, 637B.220)

     1.  The required education must be in the subject of audiology or speech pathology or in a related subject, such as:

     (a) Special education;

     (b) Clinical management;

     (c) Neurology;

     (d) Psychology;

     (e) Health sciences;

     (f) Hearing aids; or

     (g) The management of a practice.

     2.  The Board will accept no more than 8 hours of continuing education in the management of a practice for any one licensing period.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 7-1-82; A 4-15-88)

      NAC 637B.420  Acceptable activities, courses, seminars, workshops and conferences; limitations on credit. (NRS 637B.150, 637B.220)

     1.  Except as otherwise provided in subsection 2, the Board will accept the following kinds of activities for credit toward fulfilling its requirement for continuing education if the activities are related to the subjects prescribed in NAC 637B.410:

     (a) Attendance at a course or program conducted by a university, school district, hospital or similar entity.

     (b) Attendance at a workshop, seminar, demonstration, meeting or lecture.

     (c) Making a presentation at a workshop, seminar or similar function. Credit is allowed for time spent on both preparation and presentation. The greatest number of hours allowed for presentation is 8 hours during any one licensing period. Credit claimed for preparation may not exceed 50 percent of the number of hours credited for presentation.

     (d) Publication of material in a professional journal or equivalent periodical or work. The Board will determine the number of hours allowed for credit under this paragraph, but the greatest number of hours allowed is 8 hours during any one licensing period.

     (e) Participation in a planned observation or visit which is part of a clinical program if prior written approval for the activity is obtained from the Board’s committee on continuing education.

     (f) Completion of an Internet course.

     2.  The Board will accept courses, seminars, workshops or conferences in the management of a practice offered by:

     (a) A speech-language or hearing association approved by the Board; and

     (b) A college or university approved by the Board.

Ê If a licensee wishes to attend and receive credit for any other course, seminar, workshop or conference in the management of a practice, he must obtain written approval from the Board’s committee on continuing education at least 15 days before the course, seminar, workshop or conference is offered.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 7-1-82; A 4-15-88; 6-20-90; R219-03, 9-16-2004)

      NAC 637B.430  Waiver or deferral of requirements. (NRS 637B.150, 637B.220)  A licensee may petition the Board for a waiver or deferral of all or part of the required hours of continuing education in a particular year. The Board may grant such a waiver or deferral if it finds the licensee has a hardship or circumstance beyond his control which has prevented him from completing the required number of hours of continuing education.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 6-20-90)