[Rev. 11/21/2013 12:43:24 PM--2013]

CHAPTER 625A - ENVIRONMENTAL HEALTH SPECIALISTS

GENERAL PROVISIONS

NRS 625A.010        Purpose of registration; certificate revocable.

NRS 625A.020        Definitions.

NRS 625A.021        “Board” defined.

NRS 625A.023        “Certificate of registration” and “certificate” defined.

NRS 625A.025        “Environmental health specialist” defined.

NRS 625A.026        “Environmental health specialist trainee” defined.

NRS 625A.028        “Practice of environmental health” defined.

BOARD OF REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS

NRS 625A.030        Creation; appointment, terms, qualifications and removal of members; election of Chair and Secretary.

NRS 625A.040        Meetings: Purpose; manner of calling; quorum; majority required for decision.

NRS 625A.050        Compensation of Secretary and other members; payment of per diem allowance and travel expenses.

NRS 625A.055        Employment and compensation of professionals and other personnel; reimbursement of certain expenses.

NRS 625A.060        Deposit and expenditure of money received by Board.

NRS 625A.070        Biennial reports: Contents; distribution of copies.

NRS 625A.080        Records of proceedings; annual audits; seal; regulations.

CERTIFICATES OF REGISTRATION

NRS 625A.090        Maintenance of register of applicants and holders of certificates.

NRS 625A.095        Issuance of certificates to qualified persons practicing in certain other fields.

NRS 625A.100        Application for certificate; information to be submitted with application; nonrefundability of fee.

NRS 625A.105        Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 625A.105        Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 625A.110        Environmental health specialist: Qualifications for certificate; exceptions; issuance of certificate by reciprocity.

NRS 625A.115        Environmental health specialist trainee: Qualifications for certificate; expiration and extension of certificate.

NRS 625A.120        Examination: Applicability; place and time; identification by number; retention; reexamination.

NRS 625A.125        Procedure upon denial of application.

NRS 625A.130        Fees; annual payment and registration; effect of failure to pay fees or submit annual registration.

NRS 625A.140        Contents of certificate.

NRS 625A.150        Continuing education; exemptions.

DISCIPLINARY ACTION

NRS 625A.160        Grounds for disciplinary action.

NRS 625A.165        Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 625A.170        Unprofessional conduct.

NRS 625A.180        Authorized actions; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 625A.185        Confidentiality of certain records of Board; exceptions.

UNLAWFUL ACTS; PENALTIES

NRS 625A.900        Unlawful to practice without certificate; penalties.

NRS 625A.910        Unlawful to use certain titles, abbreviations or letters without certificate; penalties.

_________

GENERAL PROVISIONS

      NRS 625A.010  Purpose of registration; certificate revocable.  The purpose of registering environmental health specialists and environmental health specialist trainees is to protect the public health and safety and the general welfare of the people of this State. Any certificate of registration issued pursuant to this chapter is a revocable privilege, and no holder of such a certificate of registration acquires thereby any vested right.

      (Added to NRS by 1987, 1157; A 1995, 89; 2005, 1986)

      NRS 625A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 625A.021 to 625A.028, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1987, 1157; A 1995, 89; 1997, 1057; 2005, 1987)

      NRS 625A.021  “Board” defined.  “Board” means the Board of Registered Environmental Health Specialists.

      (Added to NRS by 2005, 1985)

      NRS 625A.023  “Certificate of registration” and “certificate” defined.  “Certificate of registration” or “certificate” means a certificate of registration as an environmental health specialist or environmental health specialist trainee issued by the Board pursuant to this chapter.

      (Added to NRS by 2005, 1985)

      NRS 625A.025  “Environmental health specialist” defined.

      1.  “Environmental health specialist” means a person who is engaged in the practice of environmental health and who holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.

      2.  The term does not include any person who practices in a field excluded from the definition of the “practice of environmental health” pursuant to subsection 2 of NRS 625A.028, unless the person holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.

      (Added to NRS by 2005, 1985)

      NRS 625A.026  “Environmental health specialist trainee” defined.  “Environmental health specialist trainee” means a person who is engaged in the practice of environmental health and who holds a certificate of registration as an environmental health specialist trainee issued by the Board pursuant to this chapter.

      (Added to NRS by 2005, 1985)

      NRS 625A.028  “Practice of environmental health” defined.

      1.  “Practice of environmental health” means the use of public health principles in the application of the sanitary sciences, the biological sciences or the physical sciences to investigate, prevent or reduce environmentally acquired disease or illness.

      2.  The term does not include practice in the field of:

      (a) Environmental health by a person whose primary work is performed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for an entity whose activities are limited solely to issues relating to air quality;

      (b) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;

      (c) Cleaning up and disposing of hazardous waste and substances performed by a person who is certified by the State Department of Conservation and Natural Resources pursuant to NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of the hazardous waste and substances is performed directly by and for a public health agency;

      (d) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;

      (e) Mining performed by an employee or contractor of a mining company engaged in mining operations in this State;

      (f) Building inspections performed by a person whose primary purpose is to determine compliance with building and safety codes; or

      (g) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.

      (Added to NRS by 2005, 1985)

BOARD OF REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS

      NRS 625A.030  Creation; appointment, terms, qualifications and removal of members; election of Chair and Secretary.

      1.  There is hereby created the Board of Registered Environmental Health Specialists, consisting of the Chief Medical Officer or his or her designated representative and four members appointed by the Governor.

      2.  After the initial terms, each member appointed by the Governor must be appointed for a term of 3 years.

      3.  Of the members of the Board appointed by the Governor after the initial appointments:

      (a) Two must represent the general public. These members must not be:

             (1) An environmental health specialist or environmental health specialist trainee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist or environmental health specialist trainee.

      (b) Two must be environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.

      4.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.

      5.  The Board shall elect from its members who are not employees of the State a Chair and a Secretary. The Chair must be elected biennially on or before July 1 of each even-numbered year. The Secretary continues in office at the pleasure of the Board.

      (Added to NRS by 1987, 1157; A 1995, 89; 2003, 1188; 2005, 1987)

      NRS 625A.040  Meetings: Purpose; manner of calling; quorum; majority required for decision.

      1.  The Board shall hold at least one meeting annually to:

      (a) Review and evaluate applications for certificates of registration as environmental health specialists and environmental health specialist trainees.

      (b) Conduct examinations.

      (c) Review expenditures by the Board.

      (d) Prepare reports.

      (e) Transact any other business necessary to enable the Board to carry out its duties.

      2.  Special meetings of the Board may be called by the Secretary upon the written request of any two members of the Board or upon a written request signed by 10 environmental health specialists or environmental health specialist trainees, or any combination thereof.

      3.  Three members of the Board constitute a quorum to transact all business, and a majority of those present must concur on any decision.

      (Added to NRS by 1987, 1157; A 1995, 90; 2005, 1987)

      NRS 625A.050  Compensation of Secretary and other members; payment of per diem allowance and travel expenses.

      1.  The Secretary of the Board is entitled to receive:

      (a) A salary in an amount fixed by the Board; and

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

      2.  All other members of the Board are entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

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

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

      (Added to NRS by 1987, 1157; A 1989, 1695; 2007, 2942)

      NRS 625A.055  Employment and compensation of professionals and other personnel; reimbursement of certain expenses.  The Board may employ and fix the compensation to be paid to attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties and may reimburse those employees for any actual expenses they incur while acting on behalf of the Board. Any reimbursement paid pursuant to this section is in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.

      (Added to NRS by 2005, 1986)

      NRS 625A.060  Deposit and expenditure of money received by Board.

      1.  The Secretary of the Board shall receive and account for all money paid to the Board and deposit it in banks, credit unions and savings and loan associations in this state.

      2.  The compensation and expenses of the members and employees of the Board and the expenses of administering the provisions of this chapter must be paid from the fees received by the Board upon approval by the Board.

      (Added to NRS by 1987, 1158; A 1989, 1696; 1999, 1529)

      NRS 625A.070  Biennial reports: Contents; distribution of copies.

      1.  Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, the Board shall file a written report of the activities of the Board with the Governor. The report must include the results of the annual audits of the fiscal records of the Board.

      2.  A copy of the report must be mailed by the Board to:

      (a) Each environmental health specialist; and

      (b) Any other person who submits a written request to the Board for a copy.

      (Added to NRS by 1987, 1158; A 1995, 90)

      NRS 625A.080  Records of proceedings; annual audits; seal; regulations.  The Board:

      1.  Shall keep a record of its proceedings.

      2.  Shall provide for an annual audit of its fiscal records.

      3.  Shall procure a seal.

      4.  May adopt such regulations as are necessary to enable it to carry out the provisions of this chapter.

      (Added to NRS by 1987, 1158)

CERTIFICATES OF REGISTRATION

      NRS 625A.090  Maintenance of register of applicants and holders of certificates.  The Board shall maintain a register of all:

      1.  Applicants for a certificate of registration as an environmental health specialist or environmental health specialist trainee. The register must contain:

      (a) The name, age and place of residence of the applicant;

      (b) The name and address of the employer of the applicant or address of the place of business of the applicant;

      (c) The date of the application;

      (d) The educational qualifications, practical training and experience of the applicant;

      (e) The date on which the Board reviewed the application and the action taken;

      (f) The number of the certificate of registration, if any, issued to the applicant; and

      (g) Such other information as the Board considers necessary.

      2.  Persons who hold certificates of registration as environmental health specialists or environmental health specialist trainees. The register must contain:

      (a) The name of the person;

      (b) The name and address of the employer of the person or the address of the place of business of the person;

      (c) The number of the certificate of registration, if any, issued to the person; and

      (d) Such other information as the Board considers necessary.

      (Added to NRS by 1987, 1158; A 1995, 90; 2005, 1988)

      NRS 625A.095  Issuance of certificates to qualified persons practicing in certain other fields.  The provisions of this chapter do not preclude a person who practices in a field excluded from the definition of the “practice of environmental health” pursuant to subsection 2 of NRS 625A.028 from being issued a certificate of registration by the Board if the person otherwise meets the requirements for the issuance of the certificate.

      (Added to NRS by 2005, 1986)

      NRS 625A.100  Application for certificate; information to be submitted with application; nonrefundability of fee.

      1.  An applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee shall submit to the Board, through its Secretary:

      (a) A completed application on a form prescribed and furnished by the Board;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (c) The required fee;

      (d) Proof of the applicant’s educational qualifications, practical training and experience; and

      (e) All information required to complete the application.

      2.  The fee is not refundable.

      (Added to NRS by 1987, 1158; A 1995, 90; 1997, 2117; 2005, 1988, 2710, 2807)

      NRS 625A.105  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee or the holder of such a certificate shall:

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit to the Board annually, through its Secretary, the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance of the certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as an environmental health specialist or environmental health specialist trainee may not be issued by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2116; A 2005, 1989, 2710, 2807)

      NRS 625A.105  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee or the holder of such a certificate shall submit to the Board annually, through its Secretary, the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance of the certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as an environmental health specialist or environmental health specialist trainee may not be issued by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2116; A 2005, 1989, 2710, 2711, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 625A.110  Environmental health specialist: Qualifications for certificate; exceptions; issuance of certificate by reciprocity.

      1.  Except as otherwise provided in this section, to be eligible for a certificate of registration as an environmental health specialist, an applicant:

      (a) Must:

             (1) Possess a baccalaureate or higher degree from an institution of higher education approved by the Board;

             (2) Have satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering;

             (3) Have passed the written examination pursuant to NRS 625A.120; and

            (4) Have at least 2 years of experience approved by the Board in the practice of environmental health;

      (b) Must possess a baccalaureate or higher degree in environmental health or environmental health science from an institution of higher education approved by the Board and have passed the written examination pursuant to NRS 625A.120;

      (c) Must possess a master’s degree in public health from an institution of higher education approved by the Board and have passed the written examination pursuant to NRS 625A.120; or

      (d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the written examination pursuant to NRS 625A.120.

      2.  Except as otherwise provided in this subsection, the Board shall issue a certificate of registration as an environmental health specialist to a person who is not qualified under subsection 1 if the Board determines to its satisfaction that the person:

      (a) Was actively engaged in the practice of environmental health in this State on July 1, 2005; and

      (b) Has completed at least 2 years of successful experience in the practice of environmental health.

Ê To be eligible to be issued a certificate of registration pursuant to this subsection, a person must apply to the Board for a certificate of registration not later than July 1, 2007.

      3.  Notwithstanding the provisions of subsection 1 to the contrary, upon written application, the Board may issue a certificate of registration as an environmental health specialist to a person by reciprocity if the person is registered as:

      (a) An environmental health specialist with the National Environmental Health Association; or

      (b) An environmental health specialist, environmental health scientist or registered sanitarian in another jurisdiction recognized by the Board as having requirements for that registration which are substantially similar to the requirements for the issuance of a certificate of registration as an environmental health specialist in this State.

      (Added to NRS by 1987, 1158; A 1995, 91; 2005, 1989)

      NRS 625A.115  Environmental health specialist trainee: Qualifications for certificate; expiration and extension of certificate.

      1.  A person is eligible to engage in the practice of environmental health as an environmental health specialist trainee if the person possesses a baccalaureate or higher degree which includes the satisfactory completion of at least 45 quarter hours, or 30 semester hours, of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering, from an institution of higher education approved by the Board.

      2.  To engage in the practice of environmental health as an environmental health specialist trainee, a person:

      (a) Must be employed as a part of a training program in which the person engages in the practice of environmental health under the direct supervision of one or more other persons who hold certificates of registration as environmental health specialists; and

      (b) Must file with the Board an application for a certificate of registration as an environmental health specialist trainee not later than 90 days after the date on which the person initially becomes employed as a part of the training program.

      3.  Except as otherwise provided in this subsection, the certificate of registration of a person as an environmental health specialist trainee expires 3 years after the date on which the person initially becomes employed as a part of the training program in which the person engages in the practice of environmental health as an environmental health specialist trainee. If, upon completion of the 3-year period, the person has met all requirements to be issued a certificate of registration as an environmental health specialist other than passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the person’s certificate of registration as an environmental health specialist trainee before the person must pass the examination. A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days before the date on which the person’s certificate of registration as an environmental health specialist trainee expires.

      (Added to NRS by 2005, 1986)

      NRS 625A.120  Examination: Applicability; place and time; identification by number; retention; reexamination.

      1.  Except for an applicant who may be issued a certificate of registration as an environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who applies for a certificate of registration as an environmental health specialist and who is otherwise qualified for the issuance of the certificate must appear personally and pass the written examination certified by the National Environmental Health Association or an equivalent examination prepared by the Board.

      2.  The examination must be administered by the Board not less than once each year at such time and place in this State as the Board specifies.

      3.  The name of the applicant must not appear on the examination, and the applicant must be identified by a number assigned by the Secretary of the Board.

      4.  All examinations and the records pertaining to them must be filed with the Secretary of the Board and retained for at least 5 years.

      5.  If an applicant fails the examination, the applicant may be reexamined upon resubmission of an application accompanied by the required fee.

      (Added to NRS by 1987, 1159; A 2005, 1990)

      NRS 625A.125  Procedure upon denial of application.

      1.  Upon denial of an application for a certificate of registration, the Board shall give the person written notice of its decision mailed to the person at his or her last known address by certified mail, return receipt requested. The notice must:

      (a) State the reason for the denial; and

      (b) Inform the person that he or she has the right to a hearing before the Board.

      2.  A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.

      (Added to NRS by 1987, 1161; A 1995, 92; 2005, 759, 1994)—(Substituted in revision for NRS 625A.190)

      NRS 625A.130  Fees; annual payment and registration; effect of failure to pay fees or submit annual registration.

      1.  Each applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay a fee set by the Board not to exceed $250.

      2.  Each applicant for a certificate of registration as an environmental health specialist who fails an examination and who desires to be reexamined must pay a fee set by the Board not to exceed $200 for each reexamination.

      3.  Each person who holds a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay to the Secretary of the Board on or before the date fixed by the Board an annual fee for the certificate of registration to be set by the Board not to exceed $100. The annual fee for the certificate of registration must be collected for the year in which the person is initially issued the certificate of registration and for each year thereafter in which the person holds the certificate of registration.

      4.  If a person holds a certificate of registration as an environmental health specialist or environmental health specialist trainee and the person fails to pay the annual fee for the certificate of registration within 60 days after it is due or submit all information required to complete the annual registration, the person’s certificate of registration is automatically suspended. The Board must notify the person that the certificate of registration has been suspended pursuant to this subsection. It may be reinstated pursuant to regulations adopted by the Board.

      (Added to NRS by 1987, 1159; A 1995, 91; 1997, 2117; 2005, 1991, 2711, 2807)

      NRS 625A.140  Contents of certificate.  Each certificate of registration issued by the Board must be numbered and contain:

      1.  The designation “Registered Environmental Health Specialist” or “Environmental Health Specialist Trainee,” as applicable.

      2.  The name of the person registered.

      3.  The registration number.

      4.  The date of issuance.

      5.  The Great Seal of the State of Nevada.

      6.  The signatures of the Chair and Secretary of the Board.

      (Added to NRS by 1987, 1160; A 1995, 91; 2005, 1992)

      NRS 625A.150  Continuing education; exemptions.

      1.  The Board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a certificate of registration as an environmental health specialist.

      2.  The Board may exempt an environmental health specialist from the requirements for continuing education if he or she is able to show good cause why the requirements could not be met. The exemption may not be granted to a person more than once in any 6-year period.

      3.  An environmental health specialist who submits evidence satisfactory to the Board that he or she has retired and is no longer engaged in the practice of environmental health is exempt from the requirements for continuing education established pursuant to this section.

      (Added to NRS by 1987, 1160; A 1995, 92; 2005, 1992)

DISCIPLINARY ACTION

      NRS 625A.160  Grounds for disciplinary action.  The grounds for initiating disciplinary action under this chapter are:

      1.  Unprofessional conduct;

      2.  Conviction of a felony relating to the practice of environmental health or any offense involving moral turpitude;

      3.  The suspension or revocation of a certificate or license as an environmental health specialist by any other jurisdiction; or

      4.  Failure to meet the requirements for continuing education.

      (Added to NRS by 1987, 1160; A 1995, 92; 2003, 2705; 2005, 1992)

      NRS 625A.165  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      2.  The Board shall reinstate a certificate of registration as an environmental health specialist or environmental health specialist trainee that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2116; A 2005, 1993, 2807)

      NRS 625A.170  Unprofessional conduct.  The following acts, among others established by the Board, constitute unprofessional conduct:

      1.  Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a certificate of registration;

      2.  Habitual drunkenness or addiction to the use of a controlled substance;

      3.  Engaging in any conduct in his or her professional activities which is intended to deceive or which the Board has determined is unethical; or

      4.  Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter or a regulation of the Board.

      (Added to NRS by 1987, 1160; A 2005, 1993)

      NRS 625A.180  Authorized actions; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board finds after notice and a hearing as required by law, or after providing an opportunity for such a hearing, that disciplinary action is necessary, it may by order:

      (a) Place the environmental health specialist or environmental health specialist trainee on probation for a specified period or until further order of the Board;

      (b) Administer a public reprimand; or

      (c) Suspend or revoke his or her certificate of registration.

      2.  If the order places an environmental health specialist or environmental health specialist trainee on probation, the Board may impose such limitations or conditions upon his or her professional activities as the Board finds consistent to protect the public health.

      3.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1987, 1160; A 1995, 92; 2003, 3424; 2005, 759, 1993)

      NRS 625A.185  Confidentiality of certain records of Board; exceptions.

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

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

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2003, 3424; A 2005, 759; 2007, 2133)

UNLAWFUL ACTS; PENALTIES

      NRS 625A.900  Unlawful to practice without certificate; penalties.

      1.  On and after July 1, 2007, a person shall not engage in the practice of environmental health in this State unless the person holds a certificate of registration as an environmental health specialist or an environmental health specialist trainee issued by the Board pursuant to this chapter.

      2.  Any person who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 2005, 1985)

      NRS 625A.910  Unlawful to use certain titles, abbreviations or letters without certificate; penalties.

      1.  A person shall not use the title “registered environmental health specialist,” “environmental health specialist,” “registered sanitarian” or “sanitarian,” or the abbreviation “R.E.H.S.,” “E.H.S.” or “R.S.” after his or her name, unless the person holds a certificate of registration as an environmental health specialist issued by the Board pursuant to this chapter.

      2.  A person shall not use the title “environmental health specialist trainee,” or any abbreviation or letters after his or her name that would suggest that the person is an environmental health specialist trainee, unless the person holds a certificate of registration as an environmental health specialist trainee issued by the Board pursuant to this chapter.

      3.  Any person who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 1161; A 1995, 93; 2005, 1994)—(Substituted in revision for NRS 625A.200)