[Rev. 5/23/2016 8:44:23 AM--2015]

CHAPTER 637B - AUDIOLOGISTS, SPEECH-LANGUAGE PATHOLOGISTS AND HEARING AID SPECIALISTS

GENERAL PROVISIONS

NRS 637B.010        Legislative declaration.

NRS 637B.020        Definitions.

NRS 637B.025        “Apprentice” defined.

NRS 637B.030        “Audiologist” defined.

NRS 637B.040        “Board” defined.

NRS 637B.042        “Dispensing audiologist” defined.

NRS 637B.044        “Hearing aid” defined.

NRS 637B.045        “Hearing aid specialist” defined.

NRS 637B.047        “Manufacturer” defined.

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

NRS 637B.055        “Practice of fitting and dispensing hearing aids” defined.

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

NRS 637B.070        “Speech-language pathologist” defined.

NRS 637B.075        “Sponsor” defined.

NRS 637B.080        Applicability of chapter.

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 [Repealed.]

SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING BOARD

NRS 637B.100        Creation; number, appointment and qualifications of members; terms. [Effective through June 30, 2017.]

NRS 637B.100        Creation; number, appointment and qualifications of members; terms. [Effective July 1, 2017.]

NRS 637B.105        Advisory member: Appointment; restrictions.

NRS 637B.110        Officers. [Repealed.]

NRS 637B.120        Officers; meetings; quorum.

NRS 637B.130        Salary of members; per diem allowance and travel expenses of members and employees; employment of Executive Director and other employees; payment of expenses and salaries.

NRS 637B.132        Duties; regulations.

NRS 637B.135        Subpoenas; oaths; seal.

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

NRS 637B.140        Fiscal year.

NRS 637B.145        Deposit and use of fees; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

NRS 637B.150        Regulations. [Repealed.]

LICENSES

General Provisions

NRS 637B.160        Qualifications of applicants.

NRS 637B.166        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 637B.166        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 637B.170        Examinations. [Repealed.]

NRS 637B.175        Fees.

NRS 637B.190        Issuance of license without examination.

NRS 637B.191        Regulations; placement of license on inactive status.

 

Requirements for Specific Licenses

NRS 637B.193        Hearing aid specialists: Qualifications of applicants.

NRS 637B.194        Hearing aid specialists and apprentices: Regulations.

NRS 637B.195        Apprentices: Issuance of license; proof of sponsor.

NRS 637B.196        Speech-language pathologists and audiologists: Educational requirements.

NRS 637B.197        Speech-language pathologists: Certificate of clinical competence required; exception.

 

Special Categories of Licenses and Endorsements

NRS 637B.200        Temporary licenses.

NRS 637B.201        Provisional license to practice speech-language pathology or fitting and dispensing hearing aids.

NRS 637B.202        Limited license to practice audiology or speech-language pathology for demonstration, instructional or educational purposes.

NRS 637B.203        Expedited license by endorsement to practice audiology or speech-language pathology: Requirements; procedure for issuance.

NRS 637B.204        Expedited license by endorsement to practice audiology or speech-language pathology for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 637B.205        Endorsement for certain licensees or applicants to practice fitting and dispensing hearing aids.

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

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

NRS 637B.230        Fees. [Replaced in revision by NRS 637B.175.]

REGULATION OF PRACTICE

NRS 637B.235        Apprentices: Regulations.

NRS 637B.236        Apprentices: Supervision of and responsibility for work; selection of hearing aid; signing of audiogram or sales document.

NRS 637B.237        Apprentices: Identification; use of title in advertisements or promotional materials.

NRS 637B.238        Apprentices: Limitation on period of apprenticeship.

NRS 637B.239        Hearing aid specialists and apprentices: Display of license.

NRS 637B.240        Deposit and use of fees; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation. [Replaced in revision by NRS 637B.145.]

NRS 637B.241        Hearing aid specialists and apprentices: Notice to Board of change of address.

NRS 637B.242        Sale of hearing aids by catalog, mail or Internet: Conditions; records; regulations.

NRS 637B.243        Audiograms for use of physician or member of related profession.

NRS 637B.244        Telepractice: Requirements for practice.

DISCIPLINARY AND OTHER ACTIONS

NRS 637B.250        Grounds.

NRS 637B.255        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

NRS 637B.280        Authority of Board to take disciplinary or other action; private reprimands prohibited; orders imposing discipline deemed public records.

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

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 637B.290        Practice without license: Prohibition; penalties.

NRS 637B.291        Practice without license: Reporting requirements of Board.

NRS 637B.295        Inspection of premises by Board.

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

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

NRS 637B.320        Penalty.

_________

GENERAL PROVISIONS

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

      (Added to NRS by 1979, 1253; A 2015, 2301)

      NRS 637B.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637B.025 to 637B.075, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1979, 1253; A 2015, 2301)

      NRS 637B.025  “Apprentice” defined.  “Apprentice” means a person who is completing in-service training under the supervision of a sponsor to become eligible to apply for a license to engage in the practice of fitting and dispensing hearing aids.

      (Added to NRS by 2015, 2295)

      NRS 637B.030  “Audiologist” defined.  “Audiologist” means any person who is licensed to engage in the practice of audiology pursuant to the provisions of this chapter.

      (Added to NRS by 1979, 1253; A 2015, 2301)

      NRS 637B.040  “Board” defined.  “Board” means the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board.

      (Added to NRS by 1979, 1253; A 2015, 2301)

      NRS 637B.042  “Dispensing audiologist” defined.  “Dispensing audiologist” means a licensed audiologist who has obtained an endorsement from the Board to engage in the practice of fitting and dispensing hearing aids.

      (Added to NRS by 2015, 2295)

      NRS 637B.044  “Hearing aid” defined.  “Hearing aid” means any:

      1.  Device worn by a person who suffers from impaired hearing for the purpose of amplifying sound to improve hearing or compensate for impaired hearing, including, without limitation, an earmold; and

      2.  Part, attachment or accessory for such a device.

      (Added to NRS by 2015, 2295)

      NRS 637B.045  “Hearing aid specialist” defined.  “Hearing aid specialist” means any person licensed to engage in the practice of fitting and dispensing hearing aids pursuant to the provisions of this chapter.

      (Added to NRS by 2015, 2295)

      NRS 637B.047  “Manufacturer” defined.  “Manufacturer” means any person who assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.

      (Added to NRS by 2015, 2295)

      NRS 637B.050  “Practice of audiology” defined.  “Practice of audiology” means the application of principles, methods and procedures relating to hearing and balance, hearing disorders and related speech and language disorders and includes, without limitation:

      1.  The conservation of auditory system functions;

      2.  Screening, identifying, assessing and interpreting, preventing and rehabilitating auditory and balance system disorders;

      3.  The selection, fitting, programming and dispensing of hearing aids, the programming of cochlear implants and other technology which assists persons with hearing loss and training persons to use such technology;

      4.  Providing vestibular and auditory rehabilitation, cerumen management and associated counseling services;

      5.  Conducting research on hearing and hearing disorders for the purpose of modifying disorders in communication involving speech, language and hearing;

      6.  Providing referral services for medical diagnosis and treatment; and

      7.  At the request of a physician, participating in the diagnosis of a person.

      (Added to NRS by 1979, 1253; A 2015, 2301)

      NRS 637B.055  “Practice of fitting and dispensing hearing aids” defined.  “Practice of fitting and dispensing hearing aids” means measuring human hearing and selecting, adapting, distributing or selling hearing aids and includes, without limitation:

      1.  Making impressions for earmolds;

      2.  Administering and interpreting tests of human hearing and middle ear functions;

      3.  Determining whether a person who suffers from impaired hearing would benefit from a hearing aid;

      4.  Selecting and fitting hearing aids;

      5.  Providing assistance to a person after the fitting of a hearing aid;

      6.  Providing services relating to the care and repair of hearing aids;

      7.  Providing supervision and in-service training concerning measuring human hearing and selecting, adapting, distributing or selling hearing aids; and

      8.  Providing referral services for clinical evaluation, rehabilitation and medical treatment of hearing impairment.

      (Added to NRS by 2015, 2295)

      NRS 637B.060  “Practice of speech-language pathology” defined.  “Practice of speech-language pathology” means the application of principles, methods and procedures relating to the development and effectiveness of human communication and disorders of human communication, and includes, without limitation:

      1.  The prevention, screening, consultation, assessment, treatment, counseling, collaboration and referral services for disorders of speech, fluency, resonance voice language, feeding, swallowing and cognitive aspects of communication;

      2.  Augmentative and alternative communication techniques and strategies;

      3.  Auditory training, speech reading and speech and language intervention for persons who suffer from hearing loss;

      4.  The screening of persons for hearing loss and middle ear pathology;

      5.  The use of oral and nasal endoscopy for the purpose of vocal tract imaging and visualization;

      6.  Selecting, fitting and establishing effective use of prosthetic or adaptive devices for communication, swallowing or other upper respiratory and digestive functions, not including sensory devices used by persons with hearing loss;

      7.  Providing services to modify or enhance communication;

      8.  Providing referral services for medical diagnosis and treatment; and

      9.  At the request of a physician, participating in the diagnosis of a person.

      (Added to NRS by 1979, 1253; A 1991, 171; 2015, 2301)

      NRS 637B.070  “Speech-language pathologist” defined.  “Speech-language pathologist” means any person who is licensed to engage in the practice of speech-language pathology pursuant to the provisions of this chapter.

      (Added to NRS by 1979, 1253; A 2015, 2302)

      NRS 637B.075  “Sponsor” defined.  “Sponsor” means a hearing aid specialist or dispensing audiologist who is responsible for the direct supervision and in-service training of an apprentice in the practice of fitting and dispensing hearing aids.

      (Added to NRS by 2015, 2296)

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

      1.  Holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

      2.  Is employed by the Federal Government and engages in the practice of audiology or speech-language pathology within the scope of that employment;

      3.  Is a student enrolled in a program or school approved by the Board, is pursuing a degree in audiology or speech-language pathology and is clearly designated to the public as a student; or

      4.  Holds a current license issued pursuant to chapters 630 to 637, inclusive, or 640 to 641C, inclusive, of NRS,

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

      (Added to NRS by 1979, 1253; A 1987, 1677; 2005, 632; 2015, 2302)

      NRS 637B.090  Use of title “certified hearing aid audiologist.”  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING BOARD

      NRS 637B.100  Creation; number, appointment and qualifications of members; terms. [Effective through June 30, 2017.]

      1.  The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board, consisting of eight members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are speech-language pathologists, each of whom must practice in a different setting, including, without limitation, a university, public school, hospital or private practice;

      (b) Two members who are audiologists, at least one of whom must be a dispensing audiologist;

      (c) Two members who are hearing aid specialists; and

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

             (1) A speech-language pathologist, a hearing aid specialist or an audiologist; or

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

      3.  Each member of the Board who is an audiologist, a speech-language pathologist or a hearing aid specialist must:

      (a) Have practiced, taught or conducted research in his or her profession for the 3 years immediately preceding the appointment; and

      (b) Hold a current license issued pursuant to this chapter.

      4.  A person who is a stockholder in a manufacturer of hearing aids may not be selected to or serve as a member of the Board.

      5.  After the initial terms, each member of the Board serves a term of 3 years.

      6.  A member of the Board shall not serve for more than two terms.

      7.  If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      (Added to NRS by 1979, 1254; A 2003, 1195; 2015, 2303)

      NRS 637B.100  Creation; number, appointment and qualifications of members; terms. [Effective July 1, 2017.]

      1.  The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board, consisting of seven members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are speech-language pathologists, each of whom must practice in a different setting, including, without limitation, a university, public school, hospital or private practice;

      (b) Two members who are audiologists, at least one of whom must be a dispensing audiologist;

      (c) One member who is a hearing aid specialist; and

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

             (1) A speech-language pathologist, a hearing aid specialist or an audiologist; or

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

      3.  Each member of the Board who is an audiologist, a speech-language pathologist or a hearing aid specialist must:

      (a) Have practiced, taught or conducted research in his or her profession for the 3 years immediately preceding the appointment; and

      (b) Hold a current license issued pursuant to this chapter.

      4.  A person who is a stockholder in a manufacturer of hearing aids may not be selected to or serve as a member of the Board.

      5.  After the initial terms, each member of the Board serves a term of 3 years.

      6.  A member of the Board shall not serve for more than two terms.

      7.  If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      (Added to NRS by 1979, 1254; A 2003, 1195; 2015, 2303, 2304, effective July 1, 2017)

      NRS 637B.105  Advisory member: Appointment; restrictions.

      1.  Except as otherwise provided in subsection 2, the Board may, by majority vote, select one or more persons, including, without limitation, a physician licensed pursuant to chapter 630 of NRS, an osteopathic physician licensed pursuant to chapter 633 of NRS or a member of the public, to serve as an advisory member of the Board.

      2.  A person who is a stockholder in a manufacturer of hearing aids may not be selected to or serve as an advisory member of the Board.

      3.  An advisory member may not vote on any matter before the Board.

      (Added to NRS by 2015, 2296)

      NRS 637B.110  Officers.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

      NRS 637B.120  Officers; meetings; quorum.

      1.  The Board shall elect from its members a Chair and Vice Chair. The officers of the Board hold their respective offices at the pleasure of the Board.

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

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

      4.  The Board shall comply with the provisions of chapter 241 of NRS, and all meetings of the Board must be conducted in accordance with that chapter.

      (Added to NRS by 1979, 1254; A 2015, 2304)

      NRS 637B.130  Salary of members; per diem allowance and travel expenses of members and employees; employment of Executive Director and other employees; payment of expenses and salaries.

      1.  A member of the Board is entitled to receive:

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

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

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

      3.  The Board may employ and fix the compensation of an Executive Director and any other employee necessary to the discharge of its duties.

      4.  The expenses of the Board and members of the Board, and the salaries of its employees, must be paid from the fees received by the Board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the State General Fund.

      (Added to NRS by 1979, 1254; A 1983, 197; 1985, 445; 1989, 1701; 2007, 2951; 2015, 2305)

      NRS 637B.132  Duties; regulations.  The Board shall:

      1.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      2.  Prepare and maintain a record of its proceedings, including, without limitation, any administrative proceedings;

      3.  Evaluate the qualifications and determine the eligibility of an applicant for any license or endorsement of a license issued pursuant to this chapter and, upon payment of the appropriate fee, issue the appropriate license or endorsement of a license to a qualified applicant;

      4.  Adopt regulations establishing standards of practice for persons licensed or endorsed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter;

      5.  Require a person licensed or endorsed pursuant to this chapter to submit to the Board documentation required by the Board to determine whether the person has acquired the skills necessary to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids;

      6.  Investigate any complaint received by the Board against any person licensed or endorsed pursuant to this chapter;

      7.  Hold hearings to determine whether any provision of this chapter or any regulation adopted pursuant to this chapter has been violated; and

      8.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids without the appropriate license or endorsement issued pursuant to the provisions of this chapter.

      (Added to NRS by 2015, 2296)

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

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

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

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

      (Added to NRS by 1987, 830)

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

      1.  The district court in the county in which any hearing is being conducted by the Board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.

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

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

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

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

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

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

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

      (Added to NRS by 1987, 831)

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

      (Added to NRS by 1979, 1254)

      NRS 637B.145  Deposit and use of fees; delegation of authority to take disciplinary action; deposit of fines; claims for attorney’s fees and costs of investigation.

      1.  All fees collected under the provisions of this chapter must be paid to the Board to be used to defray the necessary expenses of the Board. The Board shall deposit the fees in qualified banks, credit unions or savings and loan associations in this State.

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

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 1979, 1254; A 1983, 1540; 1999, 1534; 2005, 775; 2015, 2307)—(Substituted in revision for NRS 637B.240)

      NRS 637B.150  Regulations.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

LICENSES

General Provisions

      NRS 637B.160  Qualifications of applicants.  Except as otherwise provided in NRS 637B.195, 637B.200, 637B.201, 637B.203 and 637B.204, to be eligible for licensing by the Board, an applicant for a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids must:

      1.  Be a natural person of good moral character;

      2.  Pass an examination prescribed by the Board pursuant to NRS 637B.191 or 637B.194, as applicable;

      3.  Pay the fees provided for in this chapter; and

      4.  Submit all information required to complete an application for a license.

      (Added to NRS by 1979, 1255; A 1983, 1045; 1997, 2143; 2005, 2741, 2807; 2015, 2305, 3017, 3894)

      NRS 637B.166  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2142; A 2005, 2741, 2807; 2015, 2306)

      NRS 637B.166  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2142; A 2005, 2741, 2742, 2807; 2015, 2306, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 637B.170  Examinations.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

      NRS 637B.175  Fees.

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

 

Application fee..................................................................................................... $150

License fee............................................................................................................... 100

Fee for the renewal of a license............................................................................ 100

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

Examination fee..................................................................................................... 300

Fee for converting to a different type of license................................................. 50

Fee for each additional license or endorsement.................................................. 50

Fee for obtaining license information................................................................... 50

 

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 637B.204, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

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

      (Added to NRS by 1979, 1256; A 1983, 198; 1991, 172; 2015, 2307, 3017, 3895)—(Substituted in revision for NRS 637B.230)

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

      1.  A current certificate of clinical competence issued by the American Speech-Language-Hearing Association in the field of practice for which the person is applying for a license; or

      2.  Current certification from the American Board of Audiology.

      (Added to NRS by 1979, 1255; A 1983, 197; 2015, 2306)

      NRS 637B.191  Regulations; placement of license on inactive status.

      1.  The Board shall adopt regulations prescribing:

      (a) The examinations required pursuant to NRS 637B.160 and concerning the practice of audiology and the practice of speech-language pathology;

      (b) The period for which a license issued pursuant to the provisions of this chapter is valid which, except as otherwise provided in NRS 637B.200 and 637B.202, must be not less than 1 year; and

      (c) The manner in which a license or endorsement issued pursuant to this chapter must be renewed, which may include requirements for continuing education.

      2.  The Board may adopt regulations providing for the late renewal of a license and the reinstatement of an expired license, except that the Board must not renew or reinstate a license more than 3 years after the license expired.

      3.  The Board may, at the request of a person licensed pursuant to this chapter, place a license on inactive status if the holder of the license:

      (a) Does not engage in, or represent that the person is authorized to engage in, the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State; and

      (b) Satisfies any requirements for continuing education prescribed by the Board pursuant to this section.

      (Added to NRS by 2015, 2296)

Requirements for Specific Licenses

      NRS 637B.193  Hearing aid specialists: Qualifications of applicants.  An applicant for a license to engage in the practice of fitting and dispensing hearing aids must:

      1.  Successfully complete a program of education or training approved by the Board which requires, without limitation, that the applicant:

      (a) Hold an associate’s degree or bachelor’s degree in hearing instrument sciences; or

      (b) Hold a high school diploma or its equivalent or an associate’s degree or bachelor’s degree in any field other than hearing instrument sciences, and successfully complete a training program in hearing instrument sciences as prescribed by regulation of the Board.

      2.  Except as otherwise provided in NRS 637B.201, be certified by the National Board for Certification in Hearing Instrument Sciences.

      3.  Pass the examination prescribed pursuant to NRS 637B.194.

      4.  Comply with the regulations adopted pursuant to NRS 637B.194.

      5.  Include in his or her application the complete street address of each location from which the applicant intends to engage in the practice of fitting and dispensing hearing aids.

      (Added to NRS by 2015, 2299)

      NRS 637B.194  Hearing aid specialists and apprentices: Regulations.  The Board shall adopt regulations regarding the practice of fitting and dispensing hearing aids, including, without limitation:

      1.  The licensing of hearing aid specialists and apprentices;

      2.  The educational and training requirements for hearing aid specialists and apprentices;

      3.  The examination required pursuant to NRS 637B.160, 637B.193, 637B.205 and 637B.238 concerning the practice of fitting and dispensing hearing aids; and

      4.  A program of in-service training for apprentices.

      (Added to NRS by 2015, 2298)

      NRS 637B.195  Apprentices: Issuance of license; proof of sponsor.

      1.  The Board may issue an apprentice license to an applicant who has not yet completed a program of education or training approved by the Board pursuant to NRS 637B.193 or passed the examination prescribed pursuant to NRS 637B.194.

      2.  An applicant for an apprentice license must provide proof satisfactory to the Board that a sponsor has agreed to assume responsibility for the direct supervision and in-service training of the applicant.

      (Added to NRS by 2015, 2299)

      NRS 637B.196  Speech-language pathologists and audiologists: Educational requirements.

      1.  Except as otherwise provided in subsection 2:

      (a) An applicant for a license to engage in the practice of speech-language pathology must satisfy the academic requirements of an educational program accredited by the American Speech-Language-Hearing Association or its successor organization approved by the Board.

      (b) An applicant for a license to engage in the practice of audiology must satisfy the academic requirements of an educational program accredited by the:

             (1) American Speech-Language-Hearing Association or its successor organization approved by the Board; or

             (2) Accreditation Commission for Audiology Education or its successor organization approved by the Board.

      2.  An applicant for a license to engage in the practice of audiology or speech-language pathology who receives an education in audiology or speech-language pathology from a foreign school must prove to the satisfaction of the Board that his or her educational program:

      (a) Is substantially equivalent to the requirements set forth in subsection 1, as applicable; and

      (b) Is accredited by an accrediting agency approved by the Board.

      (Added to NRS by 2015, 2297)

      NRS 637B.197  Speech-language pathologists: Certificate of clinical competence required; exception.  Except for the holder of a provisional license issued pursuant to NRS 637B.201 and in addition to the requirements set forth in NRS 637B.196, a speech-language pathologist must hold a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or its successor organization approved by the Board.

      (Added to NRS by 2015, 2297)

Special Categories of Licenses and Endorsements

      NRS 637B.200  Temporary licenses.

      1.  The Board may issue a temporary license to engage in the practice of:

      (a) Audiology, speech-language pathology or fitting and dispensing hearing aids upon application and the payment of the fee required pursuant to NRS 637B.175 to any person who is so licensed in another state and who meets all the qualifications for licensing in this State; and

      (b) Fitting and dispensing hearing aids upon application and payment of the fee required pursuant to NRS 637B.175 to any person who meets all the qualifications for licensing as a hearing aid specialist or an endorsement of a license to engage in the practice of fitting and dispensing hearing aids other than passing the examination concerning the practice of fitting and dispensing hearing aids prescribed pursuant to NRS 637B.194.

      2.  The Board may issue a temporary license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids upon application and payment of the fee required pursuant to NRS 637B.175 to any spouse of a member of the Armed Forces of the United States who:

      (a) Is so licensed in another state; and

      (b) Attests that he or she meets all of the qualifications for licensure in this State.

      3.  A temporary license issued pursuant to this section:

      (a) Is valid for not more than 6 months;

      (b) May be renewed not more than once; and

      (c) May be converted to an active license upon the completion of all requirements for a license and payment of the fee required by NRS 637B.175.

      (Added to NRS by 1979, 1256; A 2015, 2306)

      NRS 637B.201  Provisional license to practice speech-language pathology or fitting and dispensing hearing aids.

      1.  Upon application and payment of the application fee required pursuant to NRS 637B.175, the Board may issue a provisional license to engage in the practice of:

      (a) Speech-language pathology to a person who is completing the clinical fellowship requirements for obtaining a certificate of clinical competence issued by the American Speech-Language-Hearing Association.

      (b) Fitting and dispensing hearing aids to a person who:

             (1) Holds a license to engage in the practice of fitting and dispensing hearing aids in another state; and

             (2) Is completing the training required for certification by the National Board for Certification in Hearing Instrument Sciences.

      2.  A provisional license issued pursuant to this section may be:

      (a) Renewed not more than twice; and

      (b) Converted to an active license upon payment of the fee required pursuant to NRS 637B.175 for converting the license and the award of:

             (1) A certificate of clinical competence by the American Speech-Language-Hearing Association; or

             (2) Certification by the National Board for Certification in Hearing Instrument Sciences.

      (Added to NRS by 2015, 2297)

      NRS 637B.202  Limited license to practice audiology or speech-language pathology for demonstration, instructional or educational purposes.

      1.  Upon application and payment of the application fee required pursuant to NRS 637B.175, the Board may issue a limited license to engage in the practice of audiology or speech-language pathology to a person who:

      (a) Holds a current license to engage in the practice of audiology or speech-language pathology in another state; and

      (b) Engages in the practice of audiology or speech-language pathology in this State for demonstration, instructional or educational purposes.

      2.  A limited license issued pursuant to this section is valid for not more than 15 days.

      (Added to NRS by 2015, 2297)

      NRS 637B.203  Expedited license by endorsement to practice audiology or speech-language pathology: Requirements; procedure for issuance.

      1.  The Board may issue a license by endorsement to engage in the practice of audiology or speech-language pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech-language pathology, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of audiology or speech-language pathology, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech-language pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech-language pathology, as applicable, to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to engage in the practice of audiology or speech-language pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2015, 3016)

      NRS 637B.204  Expedited license by endorsement to practice audiology or speech-language pathology for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  The Board may issue a license by endorsement to engage in the practice of audiology or speech-language pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech-language pathology, as applicable, in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to engage in the practice of audiology or speech-language pathology, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech-language pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech-language pathology, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to engage in the practice of audiology or speech-language pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to engage in the practice of audiology or speech-language pathology, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      (Added to NRS by 2015, 3893)

      NRS 637B.205  Endorsement for certain licensees or applicants to practice fitting and dispensing hearing aids.  An audiologist or an applicant for a license to engage in the practice of audiology who wishes to engage in the practice of fitting and dispensing hearing aids must:

      1.  Request an endorsement of the license to engage in the practice of fitting and dispensing hearing aids; and

      2.  Pass an examination prescribed by the Board pursuant to NRS 637B.194. The examination must be identical to the examination required for the licensure of hearing aid specialists.

      (Added to NRS by 2015, 2298)

      NRS 637B.210  Expiration, renewal and reinstatement of licenses; fees; required statement.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

      NRS 637B.220  Standards for ethical conduct; continuing education as prerequisite to license renewal.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

      NRS 637B.230  Fees.  [Replaced in revision by NRS 637B.175.]

 

REGULATION OF PRACTICE

      NRS 637B.235  Apprentices: Regulations.  The Board shall adopt regulations setting forth requirements for the supervision of a licensed apprentice and the responsibilities of the sponsor and the apprentice.

      (Added to NRS by 2015, 2299)

      NRS 637B.236  Apprentices: Supervision of and responsibility for work; selection of hearing aid; signing of audiogram or sales document.

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

      2.  Any selection of a hearing aid for a customer made by a licensed apprentice must be approved by a hearing aid specialist or dispensing audiologist.

      3.  Any audiogram or sales document prepared by a licensed apprentice must be signed by the apprentice and the supervising hearing aid specialist or dispensing audiologist.

      4.  As used in this section:

      (a) “Incompetence” means a lack of ability to practice safely and skillfully as a licensed apprentice arising from:

             (1) A lack of knowledge or training; or

             (2) An impaired physical or mental capability, including the habitual abuse of alcohol or addiction to any controlled substance.

      (b) “Negligence” means a deviation from the normal standard of professional care exercised generally by apprentices.

      (Added to NRS by 2015, 2299)

      NRS 637B.237  Apprentices: Identification; use of title in advertisements or promotional materials.

      1.  A licensed apprentice shall, while engaged in the practice of fitting and dispensing hearing aids, identify himself or herself as an apprentice.

      2.  Any advertisement or promotional materials that refer to an apprentice must identify the apprentice as an apprentice.

      (Added to NRS by 2015, 2300)

      NRS 637B.238  Apprentices: Limitation on period of apprenticeship.  A person may not serve as a licensed apprentice for more than 3 years without passing the examination prescribed pursuant to NRS 637B.194.

      (Added to NRS by 2015, 2300)

      NRS 637B.239  Hearing aid specialists and apprentices: Display of license.  Every hearing aid specialist and licensed apprentice shall display his or her license conspicuously in each place where the licensee conducts business as a hearing aid specialist or a licensed apprentice.

      (Added to NRS by 2015, 2300)

      NRS 637B.240  Deposit and use of fees; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorney’s fees and costs of investigation.  [Replaced in revision by NRS 637B.145.]

 

      NRS 637B.241  Hearing aid specialists and apprentices: Notice to Board of change of address.  Every hearing aid specialist and licensed apprentice shall, within 10 days after changing the address of his or her place of business, notify the Board of the new address of his or her place of business.

      (Added to NRS by 2015, 2300)

      NRS 637B.242  Sale of hearing aids by catalog, mail or Internet: Conditions; records; regulations.

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

      (a) The hearing aid specialist or dispensing audiologist has received:

             (1) A written statement signed by:

                   (I) A physician licensed pursuant to chapter 630 or 633 of NRS, an advanced practice registered nurse licensed pursuant to NRS 632.237, an audiologist or a hearing aid specialist which verifies that he or she has performed an otoscopic examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid;

                   (II) A physician licensed pursuant to chapter 630 or 633 of NRS, an audiologist or a hearing aid specialist which verifies that he or she has performed an audiometric examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid; and

                   (III) A dispensing audiologist or a hearing aid specialist which verifies that an ear impression has been taken of the person to whom the hearing aid will be sold; or

             (2) A waiver of the medical evaluation signed by the person to whom the hearing aid will be sold as authorized pursuant to 21 C.F.R. § 801.421(a)(2); and

      (b) The person to whom the hearing aid will be sold has signed a statement acknowledging that the hearing aid specialist or dispensing audiologist is selling him or her the hearing aid by catalog, mail or the Internet based upon the information submitted by the person in accordance with this section.

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

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

      (Added to NRS by 2015, 2300)

      NRS 637B.243  Audiograms for use of physician or member of related profession.  A hearing aid specialist or dispensing audiologist, upon request by a physician or a member of a related profession specified by the Board, may make audiograms for the physician’s or member’s use in consultation with a person who suffers from impaired hearing.

      (Added to NRS by 2015, 2300)

      NRS 637B.244  Telepractice: Requirements for practice.

      1.  A person who engages in the practice of audiology or speech-language pathology by telepractice within this State and is a resident of this State or provides services by telepractice to any person in this State must:

      (a) Hold a license to engage in the practice of audiology or speech-language pathology, as applicable, in this State;

      (b) Be knowledgeable and competent in the technology used to provide services by telepractice;

      (c) Only use telepractice to provide services for which delivery by telepractice is appropriate;

      (d) Provide services by telepractice that, as determined by the Board, are substantially equivalent in quality to services provided in person;

      (e) Document any services provided by telepractice in the record of the person receiving the services; and

      (f) Comply with the provisions of this chapter and any regulations adopted pursuant thereto.

      2.  As used in this section, “telepractice” means engaging in the practice of audiology or speech-language pathology using equipment that transfers information electronically, telephonically or by fiber optics.

      (Added to NRS by 2015, 2298)

DISCIPLINARY AND OTHER ACTIONS

      NRS 637B.250  Grounds.

      1.  The grounds for initiating disciplinary action pursuant to this chapter are:

      (a) Unprofessional conduct.

      (b) Conviction of:

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

             (2) A felony or gross misdemeanor relating to the practice of audiology, speech-language pathology or fitting and dispensing hearing aids;

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

             (4) Any offense involving moral turpitude.

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

      (d) Professional incompetence.

      (e) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

             (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

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

      2.  As used in this section, “unprofessional conduct” includes, without limitation:

      (a) Conduct that is harmful to the public health or safety;

      (b) Obtaining a license through fraud or misrepresentation of a material fact;

      (c) Suspension or revocation of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids; and

      (d) A violation of any provision of:

             (1) Federal law concerning the practice of audiology, speech-language pathology or fitting and dispensing hearing aids or any regulations adopted pursuant thereto, including, without limitation, 21 C.F.R. §§ 801.420 and 801.421;

             (2) NRS 597.264 to 597.2667, inclusive, or any regulations adopted pursuant thereto; or

             (3) This chapter or any regulations adopted pursuant thereto.

      (Added to NRS by 1979, 1256; A 1981, 597; 1987, 1565; 1993, 792; 2003, 2712; 2009, 893; 2011, 856; 2015, 2308)

      NRS 637B.255  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays any fees imposed by the Board pursuant to NRS 637B.175 for the reinstatement of a license.

      (Added to NRS by 1997, 2143; A 2005, 2807; 2015, 2309)

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

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

      2.  The complaint must be in writing and may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

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

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

      NRS 637B.270  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

      NRS 637B.280  Authority of Board to take disciplinary or other action; private reprimands prohibited; orders imposing discipline deemed public records.

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

      (a) Refuse to renew a license;

      (b) Revoke a license;

      (c) Suspend a license;

      (d) Administer to the licensee a public reprimand;

      (e) Impose conditions on the practice of the licensee;

      (f) Impose a civil penalty not to exceed $5,000 for each act constituting grounds for disciplinary action; or

      (g) Impose any combination of the disciplinary actions described in paragraphs (a) to (f), inclusive.

      2.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1979, 1257; A 2003, 3453; 2005, 776; 2015, 2309)

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

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

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

      3.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2003, 3452; A 2005, 776; 2007, 2140; 2013, 2235)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

      NRS 637B.290  Practice without license: Prohibition; penalties.

      1.  A person shall not engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of this chapter.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has engaged in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of this chapter, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

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

      (Added to NRS by 1979, 1257; A 1985, 348; 1987, 1678; 2013, 2236; 2015, 2309)

      NRS 637B.291  Practice without license: Reporting requirements of Board.  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2235; A 2015, 2310)

      NRS 637B.295  Inspection of premises by Board.  A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter engages in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is engaging in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids without the appropriate license issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2235; A 2015, 2310)

      NRS 637B.300  Prescribing or administering drugs or piercing or severing body tissue.  Repealed. (See chapter 404, Statutes of Nevada 2015, at page 2322.)

 

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

      1.  The Board through its Chair or Vice Chair may maintain in any court of competent jurisdiction a suit for an injunction against any person engaging in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids without a license valid under this chapter.

      2.  Such an injunction:

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

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

      (Added to NRS by 1979, 1257; A 2015, 2310)

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

      (Added to NRS by 1979, 1257)