[Rev. 11/22/2013 10:08:51 AM--2013]

[NAC-640 Revised Date: 3-12]

CHAPTER 640 - PHYSICAL THERAPISTS

GENERAL PROVISIONS

640.001            Definitions.

640.003            “Approved course” defined.

640.004            “Board” defined.

640.0045          “Hour” defined.

640.0046          “Licensee” defined.

640.0048          “Provider of health care” defined.

640.005            “Recognized provider of continuing education” defined.

640.006            “Unit of continuing education” defined.

640.008            “Direct supervision” interpreted.

BOARD OF PHYSICAL THERAPY EXAMINERS

640.010            Announcement of meetings; list of licensees.

LICENSING

640.020            Application for license.

640.025            Schedule of fees.

640.040            Examination of applicants.

640.050            Reinstatement of expired license.

640.055            Change of name; issuance of duplicate license.

640.061            Addresses of licensee; delivery of notice by Board.

640.070            Graduation from school in foreign country.

640.080            Exemption from licensing during clinical training of student of physical therapy.

640.085            Approval to supervise graduate of physical therapy during temporary exemption from licensing.

640.090            Exemption from licensing during clinical training of student enrolled in program to become physical therapist’s assistant.

640.095            Temporary license to practice physical therapy.

PRACTICE BEFORE THE BOARD OF PHYSICAL THERAPY EXAMINERS

640.100            “Presiding officer” defined.

640.110            Appearance and participation by member of Board’s staff.

640.120            Entry of appearance.

640.130            Service of process; withdrawal of attorney.

640.140            Error or defect in pleading or proceeding.

640.150            Form and contents of petition.

640.160            Complaints: Citation of statute, regulation or order; joinder.

640.170            Complaints: Investigation; report; disposition; decision to proceed with hearing; response to complaint.

640.180            Motions; oral arguments.

640.190            Pleadings, motions or other documents: Number of copies; availability to other persons.

640.200            Service of documents.

640.210            Hearings: Notice.

640.220            Hearings: Failure to appear.

640.230            Hearings: Call to order.

640.240            Hearings: Conduct of parties, counsel and spectators.

640.250            Hearings: Order of evidence.

640.260            Consolidation of proceedings.

640.270            Stipulations.

640.280            Briefs: Filing; service.

640.290            Informational hearing.

640.300            Rehearing.

640.310            Petition for declaratory order or advisory opinion: Receipt by Board; decision; form.

640.320            Copy of declaratory order or advisory opinion sent to petitioner.

640.330            Petitions concerning regulations.

640.340            Petition to appear before Board.

CONTINUING EDUCATION

640.400            General requirements.

640.410            Providers of continuing education: Recognition by Board.

640.420            Providers of continuing education: Records; certificate of completion.

640.450            Approval of course of study, training or material.

640.460            Use of term “recognized provider of continuing education”; advertising.

640.470            Form of course of study or training.

640.480            Advisory Committee on Continuing Education: Creation; number of members; term.

640.490            Advisory Committee on Continuing Education: Members; duties; quorum.

640.500            List of approved courses of study or training and materials.

640.510            Verification of compliance with requirements.

STANDARDS OF CONDUCT

640.550            General requirements.

640.560            Display of license; practice under name on license.

640.570            Use of license; misrepresentation prohibited.

640.580            Relationship with patient.

640.585            Personal responsibility for each patient on treatment schedule.

640.590            Treatment of patient; delegation of treatment.

640.592            Supervision of physical therapist’s assistant.

640.593            Supervision of physical therapist’s assistant and student enrolled in curriculum approved by Board for physical therapist’s assistant.

640.594            Supervision of unlicensed person; limitation on number of persons supervised.

640.595            Physical therapist’s technicians.

640.596            Physical therapist’s assistant prohibited from performing certain activities; disciplinary action.

640.600            Termination, withdrawal or interruption of treatment.

640.610            Records; confidentiality.

640.620            Fees and billing.

640.630            Advertising.

640.640            Programs of research.

640.650            Physical therapist’s assistants: Inclusion of supervising physical therapist in notations of treatment.

640.660            Violation of provisions constitutes unprofessional conduct.

DISCIPLINARY ACTION

640.670            Grounds: Interpretation of statutory terms.

640.680            Entry into group practice not prohibited.

640.685            Additional grounds.

640.690            Discovery of witnesses and evidence.

640.695            Consideration of cooperation and voluntary disclosure in mitigation of alleged violation.

 

 

 

GENERAL PROVISIONS

      NAC 640.001  Definitions. (NRS 640.050)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 640.003 to 640.006, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 6-11-90; R059-06, 9-18-2006)

      NAC 640.003  “Approved course” defined. (NRS 640.050)  “Approved course” means a course of study or training for continuing education which is:

     1.  Offered by a recognized provider of continuing education; and

     2.  Approved by the Board for a specific number of units of continuing education.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88)

      NAC 640.004  “Board” defined. (NRS 640.050)  “Board” means the State Board of Physical Therapy Examiners.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86)

      NAC 640.0045  “Hour” defined. (NRS 640.050)  “Hour” means not less than 50 minutes nor more than 60 minutes.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 5-19-88)

      NAC 640.0046  “Licensee” defined. (NRS 640.050)  “Licensee” means a person licensed as a physical therapist or physical therapist’s assistant in accordance with the provisions of this chapter and chapter 640 of NRS.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R059-06, eff. 9-18-2006)

      NAC 640.0048  “Provider of health care” defined. (NRS 640.050)  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.005  “Recognized provider of continuing education” defined. (NRS 640.050)  “Recognized provider of continuing education” means any person recognized by the Board as competent to provide an approved course.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88)

      NAC 640.006  “Unit of continuing education” defined. (NRS 640.050)  “Unit of continuing education” means 10 hours of instruction in an approved course.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88)

      NAC 640.008  “Direct supervision” interpreted. (NRS 640.050, 640.120, 640.275, 640.290)

     1.  For the purpose of subsection 2 of NRS 640.120, the Board will interpret “direct supervision” to mean the direction or assistance provided to a student of physical therapy by a licensed physical therapist who is present and immediately available on the premises where the clinical training of the student is conducted.

     2.  For the purpose of subsection 3 of NRS 640.275, the Board will interpret “direct supervision” to mean the direction or assistance provided to a student who is enrolled in a program to become a physical therapist’s assistant by a supervising physical therapist who is present and immediately available on the premises where the clinical training of the student is conducted.

     3.  Except as otherwise provided in paragraph (c) of subsection 1 of NAC 640.592, for the purpose of NRS 640.290, the Board will interpret “direct supervision” to mean the direction or assistance provided to a licensed physical therapist’s assistant by a supervising physical therapist who is present and immediately available on the premises where the physical therapy is performed.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R111-02, eff. 1-24-2003)

BOARD OF PHYSICAL THERAPY EXAMINERS

      NAC 640.010  Announcement of meetings; list of licensees. (NRS 640.050)

     1.  The Executive Director of the Board shall announce, pursuant to NRS 241.020, the time and place of each scheduled meeting of the Board.

     2.  The Board will provide a copy of its list of licensees to the Commissioner of Insurance without charge. The list of licensees will be produced annually.

     3.  A copy of the list of licensees may be obtained from the Board upon written application accompanied by the appropriate fee.

     [Bd. of Phys. Therapy Exam’rs, §§ 1 & 2 of Reg. entitled “Board’s Responsibilities,” eff. 4-11-80]—(NAC A 5-19-88; 6-11-90; R107-10, 10-15-2010)

LICENSING

      NAC 640.020  Application for license. (NRS 640.050, 640.090, 640.250)

     1.  Each completed application for a license as a physical therapist or a physical therapist’s assistant must:

     (a) Include professional references;

     (b) Be accompanied by the appropriate fee; and

     (c) Be notarized.

     2.  Each applicant must:

     (a) Attach to the application, in a sealed envelope, his or her official transcript from a school of physical therapy; or

     (b) Request that the school mail the transcript directly to the Board.

     3.  Each applicant must request the Federation of State Boards of Physical Therapy to provide directly to the Board the scores which he or she received on the examination required by NRS 640.080.

     4.  Each applicant who currently holds or previously held a license in another state or territory and who is applying for a license in this State must provide to the Board proof of his or her licensure in each state or territory in which the applicant currently holds or previously held a license. The applicant must request that the licensing board of each state or territory where he or she currently holds or previously held a license mail directly to the Board proof of his or her licensure in that state or territory.

     [Bd. of Phys. Therapy Exam’rs, §§ 1-8 of Reg. entitled “Applications,” eff. 4-11-80]—(NAC A 10-17-86; 6-11-90; 3-28-95; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.025  Schedule of fees. (NRS 640.050, 640.090, 640.100, 640.110, 640.150, 640.250, 640.260)  The following fees are established:

     1.  For a physical therapist:

 

     (a) Initial application for a license...............................................................................

          $300

     (b) Annual renewal of a license...................................................................................

            150

     (c) Application for a temporary license.......................................................................

            100

     (d) Reinstatement of an expired license......................................................................

            300

     (e) Approval of an applicant to take the examination.................................................

              25

     2.  For a physical therapist’s assistant:

 

     (a) Initial application for a license...............................................................................

          $200

     (b) Annual renewal of a license...................................................................................

            100

     (c) Reinstatement of an expired license.......................................................................

            200

     (d) Approval of an applicant to take the examination.................................................

              25

     3.  General:

 

     (a) List of business addresses of licensees...................................................................

            $50

     (b) List of business addresses of licensees on mailing labels.......................................

            150

     (c) Change of name on a license..................................................................................

              25

     (d) Dishonored check..................................................................................................

              25

     (e) Duplicate of lost license.........................................................................................

              25

     4.  For a request to consider approval of a course of study or training for licensed physical therapists pursuant to subsection 4 of NRS 640.150 that is:

 

     (a) Worth 0-5.9 units...................................................................................................

            $10

     (b) Worth 6-10.9 units.................................................................................................

              30

     (c) Worth 11 or more units..........................................................................................

              50

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 5-19-88; A 6-11-90; 11-19-92; 3-28-95; R035-00, 1-5-2001; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.040  Examination of applicants. (NRS 640.050, 640.080, 640.100, 640.230)

     1.  The Board will use the examination prepared by a professional examination service retained by the Board in the examination of an applicant for a license as a physical therapist or a physical therapist’s assistant.

     2.  In addition to the examination used pursuant to subsection 1, the Board may administer an examination that tests the familiarity of an applicant with the laws and regulations relevant to the practice of physical therapy in this State.

     3.  To be eligible to take the examinations, an applicant must file a completed application with the Executive Director of the Board.

     4.  The applicant must achieve a passing score on each examination before he or she will be licensed.

     5.  If the applicant fails an examination once, he or she may retake it upon payment of the fee for the examination.

     [Bd. of Phys. Therapy Exam’rs, Reg. entitled “Examination,” eff. 4-11-80]—(NAC A 11-30-81; 10-17-86; 9-10-87; 5-19-88; 6-11-90; 3-28-95; R111-02, 1-24-2003; R059-06, 9-18-2006; R107-10, 10-15-2010)

      NAC 640.050  Reinstatement of expired license. (NRS 640.050, 640.150, 640.280)

     1.  To reinstate a license which has expired for less than 2 years, an applicant must:

     (a) Complete an application for reinstatement provided by the Board;

     (b) Submit any additional information requested by the Board;

     (c) Pay the appropriate fee; and

     (d) Meet with the Board if it so requests.

     2.  If a person’s license has expired for 2 years or more, the person must reapply as if he or she were a new applicant.

     [Bd. of Phys. Therapy Exam’rs, §§ 1 & 2 of Reg. entitled “Lapsed Licenses,” eff. 4-11-80]—(NAC A 6-11-90; 3-28-95; R111-02, 1-24-2003)

      NAC 640.055  Change of name; issuance of duplicate license. (NRS 640.050)

     1.  If a physical therapist or a physical therapist’s assistant changes his or her name after his or her license is issued, he or she must submit, within 30 days after the change, proof satisfactory to the Board that his or her name was legally changed. If the change of name resulted from marriage or a court decree, a copy of the marriage certificate or court decree must be submitted to the Board. The Board will issue an updated license upon payment of the appropriate fee.

     2.  A physical therapist or physical therapist’s assistant who has lost his or her license or is otherwise not in possession of his or her license may request in writing from the Board a duplicate license. The Board will issue a duplicate license upon payment of the appropriate fee.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 6-11-90; 3-28-95; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.061  Addresses of licensee; delivery of notice by Board. (NRS 640.050)

     1.  Each licensee shall file, in writing, his or her current residential address and professional address with the Board.

     2.  A licensee shall notify the Board, in writing, of any change in his or her residential address or primary professional address within 30 days after the change. For the purpose of this subsection, the Board will consider a change in the primary professional address of a licensee to have occurred upon any change in the primary location at which the licensee works, including, without limitation, the cessation of the licensee’s primary employment and the securing of new primary employment.

     3.  If the Board is required by law or the provisions of this chapter to deliver any notice by mail to a licensee, the mailing of the notice shall be deemed valid and complete if it is mailed to the last residential address of the licensee which was filed with the Board in accordance with this section.

     4.  As used in this section, “primary professional address” means the physical address where a licensee practices physical therapy or carries out any other activities relating to physical therapy for the majority of his or her working hours within a consecutive 30-day period.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R111-02, 1-24-2003; R059-06, 9-18-2006; R107-10, 10-15-2010)

      NAC 640.070  Graduation from school in foreign country. (NRS 640.050, 640.140, 640.270)

     1.  An applicant for licensure who has graduated from a school in another country that is not accredited by the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association must:

     (a) Submit an evaluation from the Foreign Credentialing Commission on Physical Therapy which must:

          (1) Indicate that the edition of A Course Work Evaluation Tool for Persons Who Received Their Physical Therapy Education Outside the United States, adopted by reference pursuant to subsection 2, was used to prepare the evaluation; and

          (2) State that the education of the applicant is equivalent in content to an accredited educational program for physical therapy in the United States;

     (b) Submit proof satisfactory to the Board of his or her current or previous licensure to practice as a physical therapist without limitation in the country in which he or she was trained, unless the applicant was not eligible for licensure in that country because he or she was a citizen of the United States at the time of his or her graduation from a program of physical therapy; and

     (c) Unless the native language of the applicant is English and he or she has graduated from a program of physical therapy that was conducted in the English language, demonstrate proficiency in the English language by submitting proof of:

          (1) His or her successful completion of the Test of Spoken English administered by the Educational Testing Service; and

          (2) His or her successful completion of the Test of English as a Foreign Language administered by the Educational Testing Service.

     2.  The Board hereby adopts by reference A Course Work Evaluation Tool for Persons Who Received Their Physical Therapy Education Outside the United States, fourth edition, November 2001, and any subsequent edition published by the Foreign Credentialing Commission on Physical Therapy, unless the Board gives notice that the most recent revision is not suitable for this State pursuant to subsection 3. A copy of the publication may be obtained, without charge, from the Foreign Credentialing Commission on Physical Therapy, 509 Wythe Street, Alexandria, Virginia 22314-9998, by telephone at (703) 684-8406 or by facsimile at (703) 684-8715.

     3.  The Board will review each revision of the publication adopted by reference pursuant to subsection 2 to ensure its suitability for this State. If the Board determines that the revision is not suitable for this State, it will hold a public hearing to review its determination and give notice of that hearing within 6 months after the date of the publication of the revision. If, after the hearing, the Board does not revise its determination, the Board will give notice that the revision is not suitable for this State within 30 days after the hearing. If the Board does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 2.

     4.  If an applicant for licensure graduated from a school in another country and holds an H-1B Visa, the Board will notify the United States Citizenship and Immigration Services of the Department of Homeland Security if the applicant fails the national licensing examination.

     5.  If a licensee graduated from a school in another country and holds an H-1B Visa, the Board will notify the United States Citizenship and Immigration Services of the Department of Homeland Security if the Board takes disciplinary action against him or her.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86; A 6-11-90; 11-19-92; R153-98, 12-18-98; R035-00, 1-5-2001; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.080  Exemption from licensing during clinical training of student of physical therapy. (NRS 640.050, 640.120)  For the purposes of qualifying for the exemption from licensing during clinical training provided pursuant to subsection 2 of NRS 640.120, the Board will interpret “student of physical therapy” to mean a student enrolled in a curriculum of physical therapy approved by the Board.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 5-27-92; A by R153-98, 12-18-98; R059-06, 9-18-2006)

      NAC 640.085  Approval to supervise graduate of physical therapy during temporary exemption from licensing. (NRS 640.050, 640.120)

     1.  A physical therapist shall not supervise a graduate of physical therapy pursuant to NRS 640.120 without the approval of the Board.

     2.  A physical therapist who wishes to apply for such approval must submit to the Board, on a form provided by the Board, a separate request for approval for each location at which the graduate of physical therapy will provide physical therapy services.

     3.  Any approval granted by the Board applies only to the supervision of the graduate of physical therapy at the specified location by the physical therapist to whom the approval is granted and does not authorize the supervision of the graduate of physical therapy at any other location or by any other physical therapist.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R107-10, eff. 10-15-2010)

      NAC 640.090  Exemption from licensing during clinical training of student enrolled in program to become physical therapist’s assistant. (NRS 640.050, 640.275)  For the purposes of qualifying for the exemption from licensing during clinical training provided pursuant to subsection 3 of NRS 640.275, the Board will interpret “student” to mean a student enrolled in a curriculum approved by the Board for a physical therapist’s assistant.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 3-28-95; A by R153-98, 12-18-98; R059-06, 9-18-2006)

      NAC 640.095  Temporary license to practice physical therapy. (NRS 640.050)  The Board will issue a temporary license to practice physical therapy to an applicant if it determines that:

     1.  The applicant will practice physical therapy in a medically underserved area of this State, as defined by the Officer of Rural Health of the University of Nevada School of Medicine; and

     2.  The applicant meets the requirements set forth in NRS 640.140.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R153-98, eff. 12-18-98)

PRACTICE BEFORE THE BOARD OF PHYSICAL THERAPY EXAMINERS

      NAC 640.100  “Presiding officer” defined. (NRS 640.050)  As used in NAC 640.100 to 640.340, inclusive, “presiding officer” means:

     1.  A member of the Board or a panel who presides at a hearing; or

     2.  A hearing officer.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.110  Appearance and participation by member of Board’s staff. (NRS 640.050)  The members of the Board’s staff may appear at any proceeding and participate as a party.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.120  Entry of appearance. (NRS 640.050)  A party who has not previously entered an appearance may do so at the beginning of a hearing, or at any time designated by the presiding officer, by giving his or her name and address and stating his or her position or interest to the presiding officer. The information must be entered in the record of the hearing.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.130  Service of process; withdrawal of attorney. (NRS 640.050)

     1.  If a party is represented by an attorney, any document other than a complaint or a notice of hearing, which is required to be served upon any party, must be served upon his or her attorney. Service on the attorney is service upon the party.

     2.  If a party is not represented by an attorney, service by mail must be made to the last known address of the party.

     3.  An attorney of record wishing to withdraw from a proceeding before the Board shall, in writing, immediately notify the Board, hearing officer or panel, and all parties to the proceeding of his or her withdrawal.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.140  Error or defect in pleading or proceeding. (NRS 640.050)  The presiding officer shall, at every stage of any proceeding, disregard any error or defect in the pleading or proceeding which does not affect the substantial rights of the parties.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.150  Form and contents of petition. (NRS 640.050)  A petition for affirmative relief, a declaratory order or an advisory opinion must be in writing, contain the petitioner’s full name and mailing address and be signed by the petitioner.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.160  Complaints: Citation of statute, regulation or order; joinder. (NRS 640.050, 640.161)

     1.  Any statute, regulation or order referred to in a complaint must be accompanied by a complete citation to that statute, regulation or order.

     2.  Two or more persons filing a complaint with the Board may join in one complaint if their complaints are against the same person and deal substantially with the same violation of chapter 640 of NRS or of this chapter.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.170  Complaints: Investigation; report; disposition; decision to proceed with hearing; response to complaint. (NRS 640.050, 640.161)

     1.  Upon receipt of a complaint filed against a licensee pursuant to NRS 640.161, the Executive Director of the Board shall designate an investigator employed by the Board to conduct an investigation of the complaint. Upon completing the investigation, the investigator shall submit a written report of his or her investigation to the Executive Director, including any records, documents or other information discovered during the investigation.

     2.  The Executive Director shall designate a member of the Board to review the report. The member of the Board may conduct a further investigation of the complaint if he or she considers such investigation necessary. Upon completing a review of the report, the member shall submit a written recommendation to the Board concerning the disposition of the complaint. The member may not vote at any hearing concerning the complaint.

     3.  If the Board, after reviewing a complaint, decides to proceed with a hearing, it will send a copy of the complaint to each person against whom the complaint is made. A response to the complaint must be filed within 20 days after receipt of the complaint.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86; A by R111-02, 1-24-2003; R107-10, 10-15-2010)

      NAC 640.180  Motions; oral arguments. (NRS 640.050)

     1.  Unless it is made during a hearing, a motion must be made in writing. Each written motion must state the relief sought and the grounds for the motion.

     2.  A party opposing a motion may file with the Board a written response to it and serve a copy of the response on the party making the motion. The party who made the motion may file with the Board a written reply to the response and serve a copy of the reply on the party making the response.

     3.  If the Board requires oral argument, it will set a date and time for hearing the argument.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.190  Pleadings, motions or other documents: Number of copies; availability to other persons. (NRS 640.050)  Except for a complaint, an original and seven legible copies of each pleading, motion or other document related to the proceeding must be filed with the Board. The person filing any pleading or motion with the Board shall make a copy of it available to any other person who the Board determines is affected by the proceeding and who desires a copy.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.200  Service of documents. (NRS 640.050)  Except for a complaint and the notice of a hearing, every document required to be served by or upon the Board or other party must be served personally or by mail. Service by mail shall be deemed complete when the document, properly addressed and stamped, is deposited in the United States mail.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.210  Hearings: Notice. (NRS 640.050)  Except for the notice of hearing on a complaint, the Board will serve notice of a hearing at least 20 days before the day of the hearing. Any hearing which has been continued may be reconvened after a notice of at least 3 days.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.220  Hearings: Failure to appear. (NRS 640.050)

     1.  If a party fails to appear at a hearing scheduled by the Board and no continuance has been requested or granted, the Board will hear the testimony of the witnesses who have appeared and proceed to consider the matter and dispose of it on the basis of the evidence before it.

     2.  If a person fails to appear for a hearing or to request a continuance of a hearing, the person may, within 15 days after the date originally set for the hearing, apply to the Board to reopen the proceedings. If the Board finds sufficient cause, it will set a new time and place for the hearing. Any witness who has previously testified may be required by the Board to appear at the second hearing.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.230  Hearings: Call to order. (NRS 640.050)  The presiding officer shall call the proceeding to order, take the appearances and act upon any pending motions or petitions. The parties may then make opening statements.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.240  Hearings: Conduct of parties, counsel and spectators. (NRS 640.050)  At a hearing before the Board, all parties, their counsel and any spectator shall conduct themselves in a respectful manner.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.250  Hearings: Order of evidence. (NRS 640.050)

     1.  In a hearing before the Board, evidence will be heard in the following order:

     (a) For an application or petition:

          (1) The applicant or petitioner.

          (2) A member of the Board’s staff.

          (3) A party protesting the application or petitioner.

          (4) Rebuttal by applicant or petitioner.

     (b) For a complaint:

          (1) The complainant.

          (2) The respondent.

          (3) Rebuttal by complainant.

          (4) Rebuttal by respondent.

     2.  The presiding officer may:

     (a) Modify the order of presentation for good cause; and

     (b) Allow the parties to make closing statements.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.260  Consolidation of proceedings. (NRS 640.050)  The presiding officer may consolidate two or more proceedings if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by the consolidation.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.270  Stipulations. (NRS 640.050)  With the approval of the presiding member of the Board, the parties may stipulate to any fact at issue, either by a written stipulation introduced in evidence as an exhibit or by an oral statement shown upon the record. The presiding officer may require proof of the facts to which the parties stipulated.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.280  Briefs: Filing; service. (NRS 640.050)  The Board may request that briefs be filed within a specified time. A brief must be served upon all parties to the proceeding.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.290  Informational hearing. (NRS 640.050)  The Board may hold an informational hearing to mediate a controversy between two licensees or a licensee and a member of the Board’s staff.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.300  Rehearing. (NRS 640.050)

     1.  Within 15 days after the Board has made a decision or issued an order, a party aggrieved by the decision may apply for a rehearing by filing a written petition setting forth the grounds for the rehearing. The Board will consider this petition within 30 days after receiving it. If no action is taken by the Board within the 30-day period, the petition shall be deemed denied.

     2.  The Board, on its own motion, may order a rehearing of its decision if its original decision was based on mistake or fraud.

     3.  The filing of a petition for a rehearing does not relieve the parties from complying with the original decision, unless the Board expressly so provides.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.310  Petition for declaratory order or advisory opinion: Receipt by Board; decision; form. (NRS 640.050)

     1.  If a petition for a declaratory order or an advisory opinion is received at least 10 days before the next regularly scheduled meeting of the Board, the Board will place the matter on the agenda for that meeting. If the petition is not received before that date, the petition will be placed on the agenda for the following meeting.

     2.  If the Board grants the petition, it will issue its declaratory order or advisory opinion within 120 days. The Board may schedule a hearing on the petition before issuing its decision.

     3.  A petition for a declaratory order or an advisory opinion must be in writing.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.320  Copy of declaratory order or advisory opinion sent to petitioner. (NRS 640.050)  A copy of the declaratory order or advisory opinion rendered by the Board will be sent to the petitioner.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.330  Petitions concerning regulations. (NRS 640.050)  A petition for the adoption, amendment or repeal of a regulation must be in writing.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

      NAC 640.340  Petition to appear before Board. (NRS 640.050)

     1.  Any person may petition the Board to appear and be heard on any matter within the jurisdiction of the Board. The petition must contain a brief summary of the subject matter and the reason for bringing the matter before the Board.

     2.  Upon receipt of the petition, a member of the Board, as designated by the presiding officer, shall evaluate the petition to determine whether it requires a formal hearing and whether a special meeting of the Board must be called for such a hearing.

     3.  If the petition states a:

     (a) Ground for the revocation or suspension of a license or the probation of a licensee, the Board will inform the petitioner of the requirements for filing a formal complaint.

     (b) Matter which is not a ground for the revocation or suspension of a license or the probation of a licensee, the matter will be placed on the agenda of the next regularly scheduled meeting.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-23-86)

CONTINUING EDUCATION

      NAC 640.400  General requirements. (NRS 640.050, 640.150, 640.280)

     1.  Except as otherwise provided in subsections 3, 4 and 5, every physical therapist or physical therapist’s assistant must complete 1.5 units of an approved course within the year immediately preceding his or her application for the renewal of his or her license, of which not more than 0.8 units may be completed in nonclinical courses.

     2.  The Board will not approve as training for continuing education experience acquired in fields that it determines are unrelated to the practice of physical therapy.

     3.  A person who is initially licensed as a physical therapist or physical therapist’s assistant between February 1 and July 31 is not required to complete the requirements for continuing education for the period of licensing which ends on July 31 of that year.

     4.  A physical therapist or physical therapist’s assistant who is licensed between August 1 and January 31 must complete the requirements for continuing education before his or her license is renewed. The number of units of continuing education required to be earned must be computed on the basis of .125 units for each month he or she was licensed during that year.

     5.  A physical therapist or physical therapist’s assistant who graduated from a school in which he or she completed a curriculum of physical therapy approved by the Board and who is licensed by the Board within 12 months immediately preceding the date for the renewal of his or her license is not required to complete the requirements for continuing education for the year in which the initial license is issued.

     6.  Continuing education hours earned through completing a specific course may be counted only once toward the units of continuing education required by this section during a 3-year period, even if the licensee completes that course more than once during that 3-year period.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 6-11-90; 3-28-95; R153-98, 12-18-98; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.410  Providers of continuing education: Recognition by Board. (NRS 640.050, 640.150, 640.280)

     1.  Any school accredited by the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association which offers instruction in the field of physical therapy will be considered as a recognized provider of continuing education without applying to the Board for approval. All other persons seeking recognition by the Board as a provider of continuing education must apply to the Board. The application will be granted if the Board finds that the applicant is competent to provide continuing education. The Board will notify the applicant in writing of its decision within 90 days after receipt of the application.

     2.  The Board may deny or withdraw recognition if it finds that a provider of continuing education has:

     (a) Failed to furnish a course of study or training as advertised;

     (b) Engaged in any misleading or deceptive practice; or

     (c) Failed to comply with any provision of this chapter or chapter 640 of NRS.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A by R059-06, 9-18-2006)

      NAC 640.420  Providers of continuing education: Records; certificate of completion. (NRS 640.050, 640.150, 640.280)  All recognized providers of continuing education shall:

     1.  Keep a record of:

     (a) The attendance of each physical therapist and physical therapist’s assistant;

     (b) The course of study or training in which each physical therapist and physical therapist’s assistant participated; and

     (c) The units of continuing education granted to the physical therapist and physical therapist’s assistant.

Ê The records must be maintained for at least 4 years after completion of the course or training.

     2.  Furnish to each physical therapist or physical therapist’s assistant who completes a course of study or training a certificate of completion which contains the following information:

     (a) The name of the physical therapist or physical therapist’s assistant.

     (b) The name of the provider of the course of study or training.

     (c) A description of the course of study or training.

     (d) The number of units of continuing education completed.

     (e) The date of completion of the course of study or training.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 6-11-90; 3-28-95)

      NAC 640.450  Approval of course of study, training or material. (NRS 640.050, 640.150, 640.280)

     1.  A provider of continuing education who seeks approval for any course of study, training or material must submit an application, including the appropriate fee, to the Board. The Board will submit the application to the Advisory Committee on Continuing Education for its evaluation. The Board will review the application and the Committee’s evaluation and notify the person of its decision to grant or deny approval of the course of study, training or material within 90 days after the application was submitted to the Board. If it grants approval, the Board will designate the number of units of continuing education for which the course of study or training is approved. Approval may be granted for the current calendar year and the succeeding licensure year which ends July 31, if the material and instruction remain substantially the same.

     2.  An application for approval must include:

     (a) A copy of the certificate of completion to be issued to each participant who completes the course of study or training;

     (b) A description of the information to be presented in the course of study or training;

     (c) Biographical information on the instructor of the course;

     (d) An outline of the topics to be presented in the course of study or training and the time allocated to each topic;

     (e) A statement of the objectives of the course of study or training;

     (f) The number of units the course of study or training is worth; and

     (g) For any course which is not a live lecture, seminar or class, an examination to be administered following the course.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 6-11-90; R059-06, 9-18-2006)

      NAC 640.460  Use of term “recognized provider of continuing education”; advertising. (NRS 640.050, 640.150, 640.280)

     1.  A person shall not use the term “recognized provider of continuing education” unless the person has been recognized by the Board.

     2.  A provider of an approved course may include in its advertising, announcements and other promotional materials, the following:

 

     This course has been approved by the State Board of Physical Therapy Examiners for ........ units of continuing education.

 

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88)

      NAC 640.470  Form of course of study or training. (NRS 640.050, 640.150, 640.280)  A course of study or training for continuing education may consist of lectures, seminars, classes, correspondence courses or completion of an examination for certification that is approved by the American Physical Therapy Association. The content of the course may be studied privately or in groups.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; R153-98, 12-18-98; R059-06, 9-18-2006)

      NAC 640.480  Advisory Committee on Continuing Education: Creation; number of members; term. (NRS 640.050, 640.150, 640.280)  The Advisory Committee on Continuing Education is hereby created. The Committee consists of not less than five and not more than seven members appointed by the Board for a term of 2 years.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88)

      NAC 640.490  Advisory Committee on Continuing Education: Members; duties; quorum. (NRS 640.050, 640.150, 640.280)

     1.  The Advisory Committee on Continuing Education will be composed of the following members:

     (a) A member of the Board.

     (b) Not more than three members representing the northern district and not more than three members representing the southern district as follows:

          (1) At least one member representing physical therapists who are in private practice.

          (2) At least one member representing physical therapists who work in hospitals.

          (3) At least one member representing physical therapists who work primarily with children, in a school district or in the area of home health.

     2.  Each member of the Committee must be licensed as a physical therapist in this State at the time of his or her appointment.

     3.  The Committee shall:

     (a) Select a Chair and Vice Chair;

     (b) Recommend to the Board criteria for evaluating any material or course of study or training for continuing education;

     (c) Evaluate the course or training and the material based on the criteria approved by the Board, and recommend, within 60 days after receipt of an application for approval, to the Board for its final decision the accreditation of a course of study or training or material and the number of units of continuing education to be awarded; and

     (d) Advise the Board on all matters relating to continuing education.

     4.  A quorum of the Committee is four members, at least one of whom must be the Chair or Vice Chair.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 11-19-92)

      NAC 640.500  List of approved courses of study or training and materials. (NRS 640.050, 640.150, 640.280)  A list of all currently approved courses of study or training and materials is available from the Board upon request or may be obtained on the Internet website maintained by the Board.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; R059-06, 9-18-2006)

      NAC 640.510  Verification of compliance with requirements. (NRS 640.050, 640.150, 640.280)

     1.  Except as otherwise provided in subsection 2, a physical therapist or physical therapist’s assistant who wishes to renew his or her license and who is required to complete continuing education pursuant to NAC 640.400 must submit to the Board, on an original form, a signed, written statement in substantially the following language for each year since his or her last renewal:

 

     I, ................, hereby certify to the State Board of Physical Therapy Examiners that I have obtained ..... units of an approved course for continuing education during the period August 1, ....., through and including July 31, .....

     Dated this ........ day of ................, .....

 

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

                                                                                             Signature of Physical Therapist or

                                                                                                Physical Therapist’s Assistant

 

     2.  In lieu of submitting a written certification to the Board pursuant to subsection 1, a licensee who chooses to renew his or her license using the Internet website of the Board may provide a substantially similar certification to the Board on that website.

     3.  A licensed physical therapist or physical therapist’s assistant shall retain a certificate of completion issued to him or her pursuant to NAC 640.420 or other documentation, approved by the Board, of his or her completion of a course of study or training for continuing education for 4 years after completion of the course or training. A copy of the certificate or other documentation must be submitted to the Board upon request to verify the completion of the course of study or training.

     4.  The Board will conduct random audits of physical therapists and physical therapist’s assistants who have renewed their licenses to ensure compliance with the requirements of this section and NAC 640.400.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 10-17-86; A 5-19-88; 6-11-90; 3-28-95; R153-98, 12-18-98; R059-06, 9-18-2006; R107-10, 10-15-2010)

STANDARDS OF CONDUCT

      NAC 640.550  General requirements. (NRS 640.050)  A licensee shall:

     1.  Maintain and calibrate his or her equipment which is used in a program of physical therapy in accordance with the recommendations of the manufacturer of the equipment.

     2.  Not use his or her professional relationship with a patient to further the licensee’s own personal, religious, political or business interest.

     3.  Not disparage the qualifications of any colleague, except as otherwise provided in subsection 7.

     4.  Not diagnose, prescribe for, treat or advise a patient on any problem outside the licensee’s field of the practice of physical therapy.

     5.  Base his or her practice upon the educational requirements adopted by the Board.

     6.  Keep current with the emerging knowledge in the field of physical therapy.

     7.  Report to the Board any unlicensed, unauthorized, unqualified or unethical practice of physical therapy by another person.

     8.  Comply with all of the provisions of the statutes and regulations governing the practice of physical therapy as set forth in this chapter and in chapter 640 of NRS.

     9.  Cooperate with the Board in an investigation relating to the licensee’s compliance with the provisions of the statutes and regulations governing the practice of physical therapy as set forth in this chapter and in chapter 640 of NRS.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R153-98, 12-18-98)

      NAC 640.560  Display of license; practice under name on license. (NRS 640.050, 640.110, 640.260)

     1.  A licensee shall prominently display the original current license issued to him or her by the Board at the licensee’s primary professional address during the hours the place is open for business.

     2.  A licensee shall prominently display a copy of his or her current license at all other locations where the licensee practices physical therapy when he or she is present at such location.

     3.  A licensee shall not practice physical therapy under any name other than the name on his or her license.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.570  Use of license; misrepresentation prohibited. (NRS 640.050)

     1.  A licensee shall not use his or her license to:

     (a) Support any claim, promise, or guarantee concerning the success of the treatment the licensee administers; or

     (b) Imply that he or she has competence in a profession other than the practice of physical therapy.

     2.  A licensee shall not misrepresent his or her:

     (a) Professional qualifications;

     (b) Affiliations;

     (c) Licenses; or

     (d) The licenses or professional qualifications of:

          (1) The institutions and organizations with which he or she is associated; or

          (2) Any person whom the licensee supervises in the course of his or her professional duties.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.580  Relationship with patient. (NRS 640.050)  A licensee:

     1.  Shall treat a patient with professional skill and competence.

     2.  Shall not practice, condone, facilitate or collaborate in any type of discrimination toward a patient based on the patient’s:

     (a) Race;

     (b) Color;

     (c) Sex;

     (d) Age;

     (e) Religion;

     (f) National origin;

     (g) Mental or physical disability; or

     (h) Sexual orientation.

     3.  Shall not misrepresent to a patient the efficacy of his or her treatment of the patient or the results to be achieved by a course of treatment of physical therapy.

     4.  Shall inform his or her patient of any risk to the patient that may be associated with the proposed treatment of physical therapy.

     5.  Shall seek the advice and counsel of colleagues and supervisors whenever such consultation is in the best interest of the patient.

     6.  Shall not engage in sexual activities with a patient unless there was a preexisting sexual relationship with that person. The Board will presume that there is a violation of this subsection if the sexual relationship and activity begins during the course of treatment of the patient or within 6 months after the termination of the professional relationship with the patient.

     7.  Shall not suggest to a patient who is referred to the licensee by one provider of health care that he or she seek the treatment of another provider of health care without first consulting the referring provider of health care. If there is no referring provider of health care or if the patient does not wish to return to the referring provider of health care, a list containing the names of at least three other providers of health care may be offered to the patient by the licensee.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R111-02, 1-24-2003)

      NAC 640.585  Personal responsibility for each patient on treatment schedule. (NRS 640.050)  A physical therapist retains personal responsibility for each patient listed on the treatment schedule of the physical therapist for the duration of the period covered by that schedule, notwithstanding the employment of any other physical therapist at the same location.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R107-10, eff. 10-15-2010)

      NAC 640.590  Treatment of patient; delegation of treatment. (NRS 640.050)

     1.  A physical therapist shall supervise any program of treatment which is delegated to a physical therapist’s assistant.

     2.  A physical therapist shall:

     (a) Interpret the record of a patient who is referred to the physical therapist by a provider of health care;

     (b) Perform the initial evaluation of a patient and identify any problem of the patient;

     (c) Develop a plan of care for a patient based upon the initial evaluation of the patient, which includes the goal of the treatment of the patient;

     (d) Determine the appropriate portion of the program of treatment to be delegated to a physical therapist’s assistant;

     (e) Delegate the treatment to be administered by the physical therapist’s assistant to a patient;

     (f) Instruct the physical therapist’s assistant regarding:

          (1) The specific program of treatment of a patient;

          (2) Any precaution to be taken to protect a patient;

          (3) Any special problem of a patient;

          (4) Any procedure which should not be administered to a patient;

          (5) The proper methods for documenting the treatment that is administered to the patient; and

          (6) Any other information required to treat a patient;

     (g) Review the program of treatment of a patient in a timely manner;

     (h) Document the goal of treatment of a patient;

     (i) Revise the plan of care when indicated;

     (j) Review the documentation of the treatment that is administered to a patient by a physical therapist’s assistant during periodic reviews of the patient and make note of those reviews in the evaluation or reassessment of the patient;

     (k) Provide for case management and dissemination of any written and oral reports; and

     (l) Perform the final evaluation upon the discharge of the patient from the care of the physical therapist to terminate a program of treatment unless the treatment is terminated by a patient or a referring provider of health care.

     3.  A physical therapist shall not delegate to a person who is less qualified than a physical therapist any program of treatment which requires the unique skills, knowledge and judgment of a physical therapist.

     4.  A physical therapist shall not delegate the following duties to a physical therapist’s assistant or a person who is not licensed by the Board:

     (a) Any activity which requires the unique skills, knowledge and judgment of a physical therapist; and

     (b) The planning of an initial program of treatment and any subsequent program of treatment based on the results of tests performed on a patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A 12-27-93; 3-28-95)

      NAC 640.592  Supervision of physical therapist’s assistant. (NRS 640.050, 640.290)

     1.  A physical therapist who supervises a physical therapist’s assistant who provides treatment to a patient:

     (a) Shall contact the patient initially to evaluate the patient and write a plan of care for that patient.

     (b) Shall formulate and document, on the medical record of the patient, the treatment goals and plan of care for the patient based upon the evaluation. This information must be communicated verbally or in writing by the supervising physical therapist to the physical therapist’s assistant before initiation of treatment by the physical therapist’s assistant.

     (c) Must be accessible for communication by telephone during the time that the physical therapist’s assistant is treating the patient, if the physical therapist’s assistant has at least 2,000 hours of experience as a physical therapist’s assistant.

     (d) Shall provide the required treatment and reevaluate the patient not less than every seventh day of treatment or within 21 days, whichever occurs first.

     (e) Shall provide an evaluation before the patient is discharged, based upon the availability of the patient.

     2.  A physical therapist who supervises a physical therapist’s assistant pursuant to subsection 1 shall make a record of each reevaluation of the patient conducted by the physical therapist in accordance with paragraph (d) of subsection 1. The record must include, but not be limited to:

     (a) A functional assessment of the patient;

     (b) A review of the daily activities performed by the patient;

     (c) A reassessment of the plan of care, including short-term and long-term goals; and

     (d) A reassessment of the resources used by the physical therapist’s assistant.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 12-27-93; A 3-28-95; R153-98, 12-18-98; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.593  Supervision of physical therapist’s assistant and student enrolled in curriculum approved by Board for physical therapist’s assistant. (NRS 640.050, 640.290)

     1.  A physical therapist’s assistant may participate in the clinical instruction of a student who is enrolled in a curriculum approved by the Board for a physical therapist’s assistant if the physical therapist’s assistant and the student are under the direct supervision of a licensed physical therapist.

     2.  As used in this section, “direct supervision” means the direction or assistance provided to a licensed physical therapist’s assistant and such a student by a licensed physical therapist who is present and immediately available on the premises where the physical therapy is performed.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R111-02, eff. 1-24-2003)

      NAC 640.594  Supervision of unlicensed person; limitation on number of persons supervised. (NRS 640.050, 640.290, 640.310)

     1.  Except as otherwise provided in NRS 640.310, a physical therapist supervising a person who is not licensed pursuant to the provisions of chapter 640 of NRS must be physically present and immediately available on the premises when any procedures or activities of physical therapy are performed by that person.

     2.  A physical therapist may not supervise more than:

     (a) Two physical therapist’s assistants at the same time.

     (b) Two physical therapist’s technicians at the same time.

     (c) Two students of physical therapy at the same time.

     (d) Two graduates of physical therapy at the same time.

     (e) If supervising any combination of graduates of physical therapy, students of physical therapy, physical therapist’s assistants and physical therapist’s technicians, a combined total of three such persons at the same time.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 12-27-93; A 3-28-95; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.595  Physical therapist’s technicians. (NRS 640.050)  For the purposes of regulating the use of a physical therapist’s technician in a physical therapist’s practice, the Board will consider any aide or other unlicensed person who performs treatments related to physical therapy which have been directed by a physical therapist, regardless of the title or designation assigned by his or her employer, to be a physical therapist’s technician.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 3-28-95)

      NAC 640.596  Physical therapist’s assistant prohibited from performing certain activities; disciplinary action. (NRS 640.050)

     1.  A physical therapist’s assistant shall not:

     (a) Perform any activity which requires the unique skills, knowledge and judgment of a physical therapist, whether or not the activity is delegated to him or her by the physical therapist.

     (b) Perform any procedures or activities of physical therapy on more than two patients at the same time during the time the supervising physical therapist is not on the premises.

     (c) Have less than 2,000 hours of experience as a physical therapist’s assistant during which the supervising physical therapist is on the premises when any procedures or activities of physical therapy are performed by the physical therapist’s assistant, before working in any setting without such supervision.

     (d) Supervise another physical therapist’s assistant or a physical therapist’s technician in the performance of a treatment related to physical therapy.

     2.  A physical therapist’s assistant is subject to disciplinary action if he or she performs any activity in violation of this section.

     3.  As used in this section, “treatment” does not include secretarial, clerical or housekeeping activities, the transportation of a patient or the dressing or undressing of a patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 12-27-93; A 3-28-95; R153-98, 12-18-98)

      NAC 640.600  Termination, withdrawal or interruption of treatment. (NRS 640.050)  A licensee:

     1.  Shall terminate his or her treatment of a patient and his or her professional relationship with a patient when the treatment and relationship are no longer required or no longer serve the needs of the patient.

     2.  Shall not withdraw his or her treatment of a patient precipitously and shall minimize any adverse effects of such withdrawal on the patient.

     3.  Who anticipates the termination or interruption of treatment of a patient shall:

     (a) Notify the patient promptly of the termination or interruption of the treatment;

     (b) Seek the transfer or referral of the patient to another physical therapist for treatment; or

     (c) Seek the continuation of treatment in relation to the needs of the patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.610  Records; confidentiality. (NRS 640.050)

     1.  A licensee shall:

     (a) Maintain in a secure and confidential manner any record of a patient which shows a medical problem of the patient or the scope of the treatment of the patient administered by the licensee;

     (b) Within 72 hours after providing treatment to a patient, indicate in the record of the patient the treatment that was provided; and

     (c) Ensure that the record of each patient is clear, legible, complete and accurate, and that the record includes an original, legible signature or authenticated electronic signature of the licensee.

     2.  Except as otherwise provided by law, a licensee may not release a record of a patient which is confidential, or any information contained therein, except:

     (a) With the written consent of the patient;

     (b) If the patient is a minor, with the written consent of the parent or legal guardian of the patient;

     (c) Upon written request from the attorney of a patient if the written request is accompanied by a release signed by the patient or the parent or legal guardian of the patient, as applicable;

     (d) In response to a subpoena issued by the Board;

     (e) Pursuant to an order of a court of competent jurisdiction; or

     (f) If there is a clear and immediate danger to the patient, another person or to society. If there is such a danger, a disclosure may be made to an appropriate member of the family of the patient, another provider of health care, or an appropriate agent of the Federal Government, the State, a political subdivision of the State or a law enforcement agency, when acting in his or her official capacity.

     3.  A licensee shall provide medical records within 5 business days after receipt of a written request received pursuant to subsection 2.

     4.  A licensee shall inform his or her patient of any regulation or statute which governs the confidentiality of communications between the patient and the physical therapist.

     5.  A licensee shall not falsify a record of health care of a patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R153-98, 12-18-98; R111-02, 1-24-2003; R059-06, 9-18-2006)

      NAC 640.620  Fees and billing. (NRS 640.050)  A licensee shall:

     1.  Make arrangements for the payment of fees for the treatment at the beginning of the therapeutic relationship with a patient.

     2.  Charge for his or her treatment an amount which represents a reasonable fee for the treatment.

     3.  Not engage in any misleading or deceptive billing practice.

     4.  Make billing information available to the patient upon the request of the patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.630  Advertising. (NRS 640.050)  A licensee shall not advertise treatment by the use of physical therapy or equipment used in the practice of physical therapy in such a manner that the advertising:

     1.  Contains a testimonial or endorsement by another person;

     2.  Implies that the physical therapist has skill which is superior to that of another physical therapist;

     3.  Holds the physical therapist out as a specialist unless the licensee is certified as a specialist by an organization recognized by the Board;

     4.  Makes any false claim about the efficacy or value of the treatment the licensee administers; or

     5.  Is false, deceptive or misleading in regard to the fee which is charged or the terms of any credit for the treatment administered.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.640  Programs of research. (NRS 640.050)

     1.  A licensee shall obtain the voluntary and informed consent of a prospective participant in a program of research before engaging in the program of research.

     2.  A licensee shall not penalize a person for his or her refusal to participate in a program of research.

     3.  A licensee engaging in a program of research shall:

     (a) Protect a participant in the program from any unwarranted physical or mental discomfort, distress or harm;

     (b) Treat information obtained from a participant or learned about a participant through the program as confidential information; and

     (c) Take credit for the work the licensee is actually doing in the program and give credit to another person for any contribution made by that person to the program of research.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.650  Physical therapist’s assistants: Inclusion of supervising physical therapist in notations of treatment. (NRS 640.050, 640.290)  A physical therapist’s assistant shall include in the notation of each treatment with which he or she is involved the name of the physical therapist who is responsible for the supervision of the physical therapist’s assistant.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A 3-28-95; A by R107-10, 10-15-2010)

      NAC 640.660  Violation of provisions constitutes unprofessional conduct. (NRS 640.050, 640.160)  The violation of any of the provisions of NAC 640.550 to 640.650, inclusive, by a licensee constitutes unprofessional conduct.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

DISCIPLINARY ACTION

      NAC 640.670  Grounds: Interpretation of statutory terms. (NRS 640.050, 640.160)  For the purposes of NRS 640.160:

     1.  “Gross negligence” means conduct which constitutes an extreme departure from the standard of care required of a licensee under the circumstances and which proximately causes damage to a patient.

     2.  “Malpractice” means conduct which falls below the standard of care required of a licensee under the circumstances and which proximately causes damage to a patient.

     3.  A licensee is “professionally incompetent” if he or she:

     (a) Lacks the knowledge, skill or ability to discharge a professional obligation, or discharges a professional obligation while impaired; or

     (b) Consistently uses a procedure or treatment which constitutes a departure from the prevailing standard of the acceptable practice of physical therapy.

     4.  “Unearned fee” means any contract or arrangement entered into by a licensee to provide a person with a credit, gratuity, commission, professional discount or wage in consideration for the referral of a patient by that person to the physical therapist.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R059-06, 9-18-2006; R107-10, 10-15-2010)

      NAC 640.680  Entry into group practice not prohibited. (NRS 640.050)  The provisions of NRS 640.160 do not prohibit two or more physical therapists from entering into a group practice unless one or more of them is a party to a preexisting contract or arrangement that would otherwise be prohibited by NRS 640.160.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R059-06, 9-18-2006)

      NAC 640.685  Additional grounds. (NRS 640.050)

     1.  In addition to the grounds set forth in subsection 2 of NRS 640.160, the Board may take disciplinary action against a licensee if it determines that the licensee:

     (a) Failed to retain, furnish a copy of or make available the health care records of a patient as required pursuant to NRS 629.051, 629.061 and 629.065;

     (b) Failed voluntarily to report to the Board his or her addiction to the use of a controlled substance;

     (c) Failed voluntarily to report to the Board within 30 days any judgment or settlement in an amount of $5,000 or more entered against or agreed to by the licensee on a claim involving malpractice; or

     (d) Is an impaired practitioner.

     2.  As used in this section:

     (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

     (b) “Impaired practitioner” means a licensee who uses any controlled substance, dangerous drug or intoxicating liquid to an extent or in a manner which is dangerous or injurious to another person or which impairs the ability of the licensee to conduct the practice authorized by his or her license.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R153-98, eff. 12-18-98; A by R107-10, 10-15-2010)

      NAC 640.690  Discovery of witnesses and evidence. (NRS 640.050)

     1.  No less than 10 days before a disciplinary action is scheduled for hearing, any party to the action may serve upon any other party to the action a written demand for:

     (a) Copies of all documents reasonably available to the other party which are anticipated to be used in support of that party’s position; and

     (b) A written list of persons whom the other party reasonably anticipates will testify at the disciplinary hearing, which identifies each person by name and address, and includes a general description of the subject matter of that person’s testimony.

     2.  The party receiving such a demand shall respond to the person making the demand within 5 days after receiving the demand.

     3.  The party receiving such a demand shall promptly deliver to the party making the demand any new pertinent document to be used at the hearing or the name, address and anticipated testimony of any person not included on the original list.

     4.  Failure to comply with this section may result in the exclusion of any undisclosed document or witness at the time of the hearing.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90)

      NAC 640.695  Consideration of cooperation and voluntary disclosure in mitigation of alleged violation. (NRS 640.050)  In any disciplinary action brought against a licensee, the Board will consider in mitigation of an alleged violation the cooperation of and voluntary disclosure of information by the licensee in the investigation of the alleged violation.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs by R107-10, eff. 10-15-2010)