[Rev. 11/22/2013 10:09:13 AM--2013]

[NAC-640A Revised Date: 3-12]

CHAPTER 640A - OCCUPATIONAL THERAPISTS

GENERAL PROVISIONS

640A.010         Definitions.

640A.011         “Active license” defined.

640A.0115       “Board” defined.

640A.012         “Certified occupational therapy assistant” defined.

640A.0125       “Continuing education” defined.

640A.013         “Hour of continuing education” defined.

640A.0135       “Inactive license” defined.

640A.014         “Occupational therapist registered” defined.

640A.0145       “Program of intervention” defined.

640A.016         “Provisional license” defined.

640A.0165       “Supervision” defined.

640A.017         “Temporary license” defined.

LICENSING

640A.020         Applicants: Requests by Board for additional information or oral interview.

640A.030         Prerequisites to receipt, renewal, reinstatement or conversion of status of license; proration of fee.

640A.041         Eligibility to obtain active license.

640A.050         Expiration and renewal of license.

640A.055         Reinstatement of expired active license.

640A.060         Licensing of person whose active license has been expired for 5 years or more.

640A.062         Temporary licensing; conversion of temporary license to active license.

640A.065         Provisional licensing; conversion of provisional license to active license.

640A.068         Inactive license: Conversion from or to active license; continuing education; renewal.

640A.070         Continuing education: Generally.

640A.080         Continuing education: Requests for approval of credit for certain activities.

640A.090         Continuing education: Subject matter; qualifying activities.

640A.101         Continuing education: Waiver of requirements for extenuating circumstances.

640A.110         Display and alteration of license and license card.

640A.120         Change of name after issuance of license; replacement of lost license.

640A.130         Notification of addresses of licensee; mailing of notice to licensee.

640A.135         Request for verification of license.

640A.140         Annual list of licensees.

640A.150         Inclusion of license number on or with documents submitted to Board.

640A.155         Payments to Board.

640A.160         Fees.

STANDARDS OF PRACTICE

640A.195         Practice under name on license.

640A.200         Use of professional title or initials.

640A.205         Adoption by reference of code of ethics and standards of practice.

640A.210         Prohibitions: Use of license; misrepresentations.

640A.220         Professional responsibility regarding patients.

640A.230         Scope of services with and without referral of patient by licensed provider of health care.

640A.250         Practice by occupational therapy assistant or provisional licensee.

640A.260         Supervision and employment of occupational therapy assistant: Verification; notice of termination.

640A.265         Delegation of duties to occupational therapy assistants and unlicensed persons; limitations.

640A.267         Delegation of duties to student or provisional licensee; limitations.

640A.270         Delegation of duties to occupational therapy aide or technician; limitations.

640A.275         Supervision of occupational therapy aide or technician: “Directly supervise” interpreted.

640A.280         Termination or interruption of treatment.

640A.290         Records of patients: Maintenance; release; falsification; review before signing.

640A.300         Fees and billing.

640A.310         Advertising.

640A.320         Conduct of programs of research.

DISCIPLINARY ACTION

640A.340         Complaints against licensees.

640A.350         Acts constituting unprofessional conduct.

640A.361         Unprofessional conduct: Imposition of conditions on use of license.

640A.370         Recovery by Board of attorney’s fees and costs.

PROCEEDINGS BEFORE BOARD

640A.400         Action by Board on its own motion; petition for adoption, amendment or repeal of regulation or for hearing.

640A.410         Fees and expenses of witnesses.

 

GENERAL PROVISIONS

      NAC 640A.010  Definitions. (NRS 640A.110)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 640A.011 to 640A.017, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Occupational Therapy by R210-07, 9-18-2008)

      NAC 640A.011  “Active license” defined. (NRS 640A.110)  “Active license” means a license as an occupational therapist or occupational therapy assistant issued by the Board pursuant to NAC 640A.041.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.0115  “Board” defined. (NRS 640A.110)  “Board” means the Board of Occupational Therapy.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.012  “Certified occupational therapy assistant” defined. (NRS 640A.110)  “Certified occupational therapy assistant” means a person who is certified as an occupational therapy assistant by the National Board for Certification in Occupational Therapy, Inc., or its successor organization.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.0125  “Continuing education” defined. (NRS 640A.110)  “Continuing education” means structured educational experiences which are intended to provide advanced knowledge in a particular area and which:

     1.  Relate to roles and responsibilities in occupational therapy;

     2.  Serve to protect the public by enhancing the knowledge, performance skills, interpersonal abilities, critical reasoning skills or ethical reasoning skills that are necessary to perform professional responsibilities that an occupational therapist or occupational therapy assistant develops and maintains; and

     3.  Do not include:

     (a) Experiences that involve entry-level knowledge, skills or academic degree work; or

     (b) Employee orientation or training activities required by an employer.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.013  “Hour of continuing education” defined. (NRS 640A.110)  “Hour of continuing education” means 60 minutes of continuing education, not including time for meals or breaks.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.0135  “Inactive license” defined. (NRS 640A.110)  “Inactive license” means a once active license that is no longer active pursuant to NAC 640A.068.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.014  “Occupational therapist registered” defined. (NRS 640A.110)  “Occupational therapist registered” means a person who is certified as an occupational therapist by the National Board for Certification in Occupational Therapy, Inc., or its successor organization.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

 

 

      NAC 640A.0145  “Program of intervention” defined. (NRS 640A.110)  “Program of intervention” means activities which are documented in writing and which are determined to be appropriate by an occupational therapist to assess, teach and assist patients by application of occupational therapy methods and modalities.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.016  “Provisional license” defined. (NRS 640A.110)  “Provisional license” means a license as an occupational therapist or occupational therapy assistant issued by the Board pursuant to NAC 640A.065.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.0165  “Supervision” defined. (NRS 640A.110)  “Supervision” means a collaborative process for the responsible, periodic review and inspection of all aspects of any occupational therapy services provided.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.017  “Temporary license” defined. (NRS 640A.110)  “Temporary license” means a license as an occupational therapist or occupational therapy assistant issued by the Board pursuant to NAC 640A.062.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

LICENSING

      NAC 640A.020  Applicants: Requests by Board for additional information or oral interview. (NRS 640A.110, 640A.140)  For any application submitted to the Board, the Board may request additional information or an oral interview, or both, as the Board designates.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.030  Prerequisites to receipt, renewal, reinstatement or conversion of status of license; proration of fee. (NRS 640A.110, 640A.140)

     1.  In order to receive, renew, reinstate or convert the status of, as applicable, any type of license issued by the Board, an applicant must complete an application to be provided by the Board.

     2.  An application must be accompanied by payment of the appropriate fee or fees, which may be prorated by the Board if the initial period of the license will be shorter than usual for that license.

     3.  An application submitted to the Board must be notarized if so required.

     4.  An application must be submitted to the Board by the applicable date, if any.

     5.  If an applicant is required to provide an official transcript from an educational program that is accredited by an agency approved by the Board or from an educational program in another country, the applicant must ensure that:

     (a) A sealed, official transcript is attached to his or her application; or

     (b) A sealed, official transcript is sent directly from his or her educational program to the Board.

     6.  If an applicant is required to provide proof of certification as an occupational therapist registered or a certified occupational therapy assistant, the applicant must ensure that proof of certification is sent directly to the Board by the agency who certified the applicant.

     7.  If an applicant is required to provide proof of a license obtained in another state, territory or country, the applicant must ensure that:

     (a) A copy of the license is attached to his or her application; and

     (b) Additional proof of such a license is sent directly by an official governmental entity to the Board for:

          (1) Any such license presently held; and

          (2) Any such license held within 5 years of the submission of the application.

     8.  If an applicant is required to provide proof of employment and supervision by an occupational therapist in this State, the applicant must ensure that proof of such employment and supervision is sent directly to the Board, on a form to be provided by the Board, by the applicable date, if any.

     9.  If an applicant is required to complete continuing education, the applicant must provide proof of completion of continuing education to the Board.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-95; R083-99, 9-27-99; R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.041  Eligibility to obtain active license. (NRS 640A.110, 640A.120)  In addition to the requirements set forth in NAC 640A.030, to be eligible to obtain an active license, a person must:

     1.  Have graduated from:

     (a) An educational program which is accredited by an agency approved by the Board and which includes a fieldwork program; or

     (b) An educational program in another country;

     2.  Have achieved a passing score on an examination provided by an agency approved by the Board; and

     3.  Have current certification as an occupational therapist registered or certified occupational therapy assistant.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.050  Expiration and renewal of license. (NRS 640A.110, 640A.180)

     1.  A license issued by the Board expires on a date to be established by the Board.

     2.  In addition to the requirements of NAC 640A.030, to renew an active license, a person must provide proof of the completion of any applicable continuing education requirements.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.055  Reinstatement of expired active license. (NRS 640A.110, 640A.180)

     1.  An active license that has expired may be reinstated within 5 years of its expiration.

     2.  In addition to the requirements set forth in NAC 640A.030, to reinstate an expired active license, a person must:

     (a) Provide proof of certification as an occupational therapist registered or certified occupational therapy assistant;

     (b) Provide proof of the completion of 10 hours of continuing education within the year immediately preceding the request for reinstatement; and

     (c) For the reinstatement of an expired active license as an occupational therapy assistant, submit proof of employment and supervision by a licensed occupational therapist upon reinstatement of the license.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.060  Licensing of person whose active license has been expired for 5 years or more. (NRS 640A.110, 640A.180)  If a person whose active license as an occupational therapist or occupational therapy assistant has been expired for 5 years or more, he or she must apply for a license as if he or she were a new applicant.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

 

      NAC 640A.062  Temporary licensing; conversion of temporary license to active license. (NRS 640A.110, 640A.170)

     1.  A person who is currently certified as an occupational therapist registered or certified occupational therapy assistant and who holds a license that is active and in good standing as an occupational therapist or occupational therapy assistant issued in another state or territory of the United States may apply to the Board for a temporary license to practice in this state by meeting the requirements set forth in NAC 640A.030.

     2.  A temporary license expires 6 months after the date on which it is issued.

     3.  A temporary license may be renewed not more than once.

     4.  A temporary license may be converted to an active license if the person:

     (a) Meets the requirements set forth in NAC 640A.030 and 640A.041; and

     (b) For a temporary license as an occupational therapy assistant, submits proof of employment and supervision by a licensed occupational therapist upon conversion of the license.

     5.  A person who has previously been issued a temporary license may not apply for another temporary license until 6 months after the expiration of his or her last original or renewed temporary license, as applicable.

     (Added to NAC by Bd. of Occupational Therapy, eff. 5-23-95; A by R083-99, 9-27-99; R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.065  Provisional licensing; conversion of provisional license to active license. (NRS 640A.110, 640A.120)

     1.  A provisional license may be granted to a person:

     (a) Who meets the requirements set forth in NAC 640A.030;

     (b) Who has graduated from an educational program which is accredited by an agency approved by the Board and which includes a fieldwork program;

     (c) Who submits proof of employment and supervision by a licensed occupational therapist upon receiving the license; and

     (d) Who:

          (1) Is not certified as an occupational therapist registered or a certified occupational therapy assistant; or

          (2) Has not yet achieved a passing score on an examination provided by an agency approved by the Board but is eligible and scheduled to take such an examination, with the results to be sent directly to the Board.

     2.  If a person who was previously certified receives a provisional license and the person has not practiced occupational therapy within 5 years before receipt of the license, the person must, while holding the license, complete a minimum of 640 hours of supervised practice under a licensed occupational therapist.

     3.  A provisional license expires 6 months after the date on which it is issued or renewed.

     4.  A provisional license may be renewed not more than once.

     5.  A provisional licensee may convert his or her provisional license to an active license if, in addition to the requirements set forth in NAC 640A.030:

     (a) The Board receives proof of the certification of the provisional licensee as an occupational therapist registered or a certified occupational therapy assistant;

     (b) The licensee provides an official transcript from an educational program that is accredited by an agency approved by the Board; and

     (c) If applicable, the licensee has completed 640 hours of supervised practice under a licensed occupational therapist.

     (Added to NAC by Bd. of Occupational Therapy by R179-01, eff. 9-20-2002; A by R210-07, 9-18-2008)

      NAC 640A.068  Inactive license: Conversion from or to active license; continuing education; renewal. (NRS 640A.110, 640A.180)

     1.  In addition to the requirements set forth in NAC 640A.030, to convert an active license to an inactive license:

     (a) The license must be active and not be suspended, revoked or otherwise restricted at the time of the request; and

     (b) The person must complete a form to be provided by the Board indicating that he or she no longer practices or represents to others that he or she is authorized to practice occupational therapy in this State.

     2.  A person with an inactive license must comply with the same requirements for continuing education as a person who holds an active license.

     3.  To renew an inactive license, a person must meet the requirements of NAC 640A.030.

     4.  The holder of an inactive license may request that the license be converted to an active license.

     5.  In addition to the requirements set forth in NAC 640A.030, to convert an inactive license to an active license, a person must:

     (a) Make a written request to the Board; and

     (b) For an inactive license as an occupational therapy assistant, submit proof of employment and supervision by a licensed occupational therapist upon conversion of the license.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.070  Continuing education: Generally. (NRS 640A.110, 640A.180)

     1.  Except as otherwise provided in subsection 4 and NAC 640A.101, a person with an active license shall complete, to the satisfaction of the Board, at least 10 hours of continuing education per year.

     2.  If the licensee obtains more than 10 hours of continuing education in a year, he or she may request that the Board carry over a maximum of 10 hours to apply towards completion of his or her requirement for continuing education for the following year.

     3.  A person may receive credit for the same continuing education activity only once during two successive renewal periods.

     4.  A person who obtains an active license within 12 months of graduation from an educational program which is accredited by an agency approved by the Board and which includes a fieldwork program is not required to obtain any hours of continuing education in order to renew the license for the first time.

     5.  Proof of the completion of the requirements for continuing education, including, without limitation, a completed form to be provided by the Board, must be submitted at least 30 days before the expiration of an active license.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.080  Continuing education: Requests for approval of credit for certain activities. (NRS 640A.110, 640A.180)

     1.  The Board will consider the written request of a licensee that it approve credit for any continuing education that is not specified in NAC 640A.090 if the request is submitted to the Board by the applicable date that proof of the completion of the requirements for continuing education is due.

     2.  If a written request pursuant to subsection 1 is not granted, the Board may grant extra time for the licensee to fulfill any required continuing education that has not been completed.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.090  Continuing education: Subject matter; qualifying activities. (NRS 640A.110, 640A.180)

     1.  The subject matter for continuing education activities includes, without limitation:

     (a) Research relating to occupational therapy;

     (b) Theoretical or practical courses relating to the practice of occupational therapy;

     (c) The development, administration, supervision or teaching of the clinical practice of occupational therapy; and

     (d) Service delivery programs performed by an occupational therapist or occupational therapy assistant.

     2.  Activities that qualify as continuing education include, without limitation:

     (a) Attendance and participation at a live presentation:

          (1) Which includes, without limitation, a workshop, seminar, conference or in-service educational program; and

          (2) Which is afterwards followed by the submission of a certificate of completion or other similar document and a completed form to be provided by the Board, which will include, without limitation, a narrative statement that describes how the activity broadens the person’s knowledge of occupational therapy or relates to current or anticipated roles and responsibilities of the person in the practice of occupational therapy;

     (b) Participation in a course of self-study that requires a formal assessment of learning:

          (1) Which includes, without limitation, self-study through an electronic or Internet-based course, a self-paced clinical course or any other formalized self-administered course; and

          (2) Which is afterwards followed by the submission of a certificate of completion or other similar document and a completed form to be provided by the Board, which will include, without limitation, a narrative statement that describes how the activity broadens the person’s knowledge of occupational therapy or relates to current or anticipated roles and responsibilities of the person in the practice of occupational therapy;

     (c) Enrollment in an academic course:

          (1) Which includes, without limitation, an on-site or distance learning course; and

          (2) Which is afterwards followed by the submission of a copy of a transcript indicating successful completion of the course and a completed form to be provided by the Board, which will include, without limitation, a narrative statement that describes how the activity broadens the person’s knowledge of occupational therapy or relates to current or anticipated roles and responsibilities of the person in the practice of occupational therapy;

     (d) Participation in a mentorship agreement:

          (1) Which requires participation as a mentor or mentee, as proven by a signed, formalized agreement that outlines specific goals and activities that must relate to the development of new occupational therapy skills not required for a current employment position; and

          (2) Which is afterwards followed by the submission of a copy of the signed agreement and a completed form to be provided by the Board, which will include, without limitation, the dates and hours of activities and a description of the results of the mentorship;

     (e) Supervision of fieldwork:

          (1) Which includes, without limitation, acting as a primary clinical fieldwork educator for level I fieldwork or level II fieldwork for occupational therapist or occupational therapy assistant students;

          (2) Which is afterwards followed by the submission of a completed form to be provided by the Board and a document from the sponsoring educational program indicating the names of the students supervised, the name of the sponsoring educational program and the dates of the fieldwork; and

          (3) Which may result in, for the year in which the fieldwork ends:

               (I) A maximum of 2 hours of continuing education for level I fieldwork supervision; or

               (II) A maximum of 1 hour of continuing education for each week of level II fieldwork supervision;

     (f) Writing in a professional capacity:

          (1) Which results in the publication of a peer-reviewed book, chapter of a book, or article regarding occupational therapy;

          (2) Which is afterwards followed by the submission of a completed form to be provided by the Board and:

               (I) Information regarding the publication, including, without limitation, the title, author, editor and date of the publication; or

               (II) If not yet published, a copy of a letter indicating acceptance of the writing for publication by the publisher; and

          (3) Which may result in, for the year the writing is published:

               (I) Ten hours of continuing education for publication of a book;

               (II) Three hours of continuing education for publication of a chapter of a book; or

               (III) One hour of continuing education for publication of an article;

     (g) Teaching an educational course:

          (1) Which includes, without limitation, an in-person academic course, workshop, seminar, in-service course or electronic or Internet-based course; and

          (2) Which is afterwards followed by the submission of a copy of the official program, schedule or syllabus of the course and a completed form to be provided by the Board, which includes, without limitation, the title, dates, hours and objectives of the course, a description of the students enrolled in the course and the signature of an appropriate official of the sponsor of the course;

     (h) Participation in an official meeting of a professional organization formed to promote and enhance the practice of occupational therapy:

          (1) Which includes, without limitation, an official board or committee meeting of such an organization;

          (2) Which is afterwards followed by the submission of a completed form to be provided by the Board and a signed document from the organization that indicates the name of the organization, the purpose of the meeting and a description of the person’s role in the organization and at the meeting; and

          (3) Which may result in a maximum of 2 hours of continuing education per meeting; and

     (i) Achievement of a type of certification, approved by the Board, from an agency approved by the Board:

          (1) Which includes, without limitation, engaging in activities that are required for certification in an occupational therapy specialty by an agency approved by the Board;

          (2) Which is afterwards followed by the submission of a completed form to be provided by the Board and a document from the agency showing achievement of the certification; and

          (3) Which may result in a maximum of 5 hours of continuing education for the year in which the certification is achieved.

     3.  As used in this section:

     (a) “Level I fieldwork” means fieldwork designed to enrich didactic course work through direct observation and participation in selected aspects of the occupational therapy process.

     (b) “Level II fieldwork” means in-depth fieldwork in delivering occupational therapy services across a variety of settings.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.101  Continuing education: Waiver of requirements for extenuating circumstances. (NRS 640A.110, 640A.180)

     1.  The Board may waive all or part of the requirements for continuing education for a person who holds an active license if the person:

     (a) Submits a written request for a waiver; and

     (b) Provides evidence satisfactory to the Board of an extenuating circumstance which does not allow the completion of the required continuing education.

     2.  Examples of an extenuating circumstance include, without limitation, extreme:

     (a) Illness or injury;

     (b) Financial hardship; or

     (c) Family hardship.

     3.  If a waiver is granted, the unfulfilled requirements for continuing education will be added to the person’s requirements for the following year.

     4.  If a waiver is not granted, the Board may grant extra time for the person to fulfill any required continuing education that has not been completed.

     5.  A written request for a waiver must be submitted by the applicable date on which proof of completion of the required continuing education is due.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.110  Display and alteration of license and license card. (NRS 640A.110)

     1.  A licensee shall display his or her current license card or a copy of the card in a prominent location which is accessible to the public in the principal location of his or her practice.

     2.  A licensee may display the original license or a copy of the license in addition to the current license card or a copy of the card.

     3.  A licensee shall not alter the license or license card.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R210-07, 9-18-2008)

      NAC 640A.120  Change of name after issuance of license; replacement of lost license. (NRS 640A.110)

     1.  If an occupational therapist or an occupational therapy assistant changes his or her name after his or her license is issued, he or she must submit, within 30 days after the change, proof satisfactory to the Board that his or her name was legally changed. Proof consists of a copy of a marriage certificate or court decree.

     2.  The Board will issue a new license in the case of a name change upon payment of the appropriate fee.

     3.  An occupational therapist or occupational therapy assistant who has lost his or her license may request in writing from the Board a duplicate license. The Board will issue a duplicate license upon payment of the appropriate fee.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R210-07, 9-18-2008)

      NAC 640A.130  Notification of addresses of licensee; mailing of notice to licensee. (NRS 640A.110)

     1.  Each licensee shall file his or her current residential address and business address with the Board.

     2.  A licensee shall notify the Board of any change in his or her residential address or business address within 30 days after the change.

     3.  If the Board is required by law or the provisions of this chapter to deliver any notice by mail to a licensee, the notice will be mailed to the last residential address of the licensee which was filed with the Board in accordance with this section.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.135  Request for verification of license. (NRS 640A.110)  A person may request that verification of his or her license be provided to another organization or state by submitting to the Board:

     1.  A written request; and

     2.  Payment of the appropriate fee.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.140  Annual list of licensees. (NRS 640A.110)

     1.  The Board will prepare and maintain an annual list of persons licensed by the Board.

     2.  A copy of the list of licensees may be obtained from the Board upon written application accompanied by the cost of reproduction as determined by the Board.

     3.  The Board will provide a copy of its list of licensees to the Commissioner of Insurance without charge.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.150  Inclusion of license number on or with documents submitted to Board. (NRS 640A.110)  The license number assigned to the licensee by the Board must accompany or be written upon every document which he or she submits to the Board.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.155  Payments to Board. (NRS 640A.110)

     1.  Acceptable forms of payment to the Board are:

     (a) Personal check;

     (b) Money order;

     (c) Cashier’s check; and

     (d) Credit card.

     2.  The Board will charge a fee for each check returned to the Board because the person had insufficient money with the drawee to pay the check or because the person stopped payment on the check. The amount of the original check and the returned check fee must be paid within 15 days after the notice of the invalid check by one of the other forms of payment accepted by the Board.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.160  Fees. (NRS 640A.110, 640A.190)  The following fees are established:

     1.  For an occupational therapist:

 

     (a) Initial active license.............................................................................................

              $250

     (b) Renewal of an active license...............................................................................

                175

     (c) A temporary or provisional license......................................................................

                150

     (d) Renewal of a temporary or provisional license...................................................

                100

     (e) Convert a temporary or provisional license to an active license..........................

                100

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

                200

     (g) Renewal of an inactive license............................................................................

                100

     (h) Convert an inactive license to an active license..................................................

                  75

     2.  For an occupational therapy assistant:

 

     (a) Initial active license.............................................................................................

              $175

     (b) Renewal of an active license...............................................................................

                125

     (c) A temporary or provisional license......................................................................

                100

     (d) Renewal of a temporary or provisional license...................................................

                  75

     (e) Convert a temporary or provisional license to an active license..........................

                  75

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

                125

     (g) Renewal of an inactive license............................................................................

                  75

     (h) Convert an inactive license to an active license..................................................

                  50

     3.  General:

 

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

                $50

     (b) Duplicate of a lost license or license card...........................................................

                  50

     (c) Processing of an initial license............................................................................

                150

     (d) Late fee for renewal of a license........................................................................

                125

     (e) Verification of a license......................................................................................

                  25

     (f) Returned check processing..................................................................................

                  25

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-95; R083-99, 9-27-99; R179-01, 9-20-2002; R210-07, 9-18-2008)

STANDARDS OF PRACTICE

      NAC 640A.195  Practice under name on license. (NRS 640A.110)  A person may only practice occupational therapy under the name under which he or she is licensed by the Board.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.200  Use of professional title or initials. (NRS 640A.110)

     1.  An occupational therapist shall, in all appropriate professional circumstances, refer to himself or herself professionally as an “occupational therapist,” a “licensed occupational therapist,” an “occupational therapist licensed” or by the title’s initials, including, without limitation, “OT/L.”

     2.  If presently certified by an agency approved by the Board, an occupational therapist may refer to himself or herself professionally by his or her applicable certification title or by the title’s initials, including, without limitation, “occupational therapist registered,” “occupational therapist registered licensed,” “OTR” or “OTR/L.”

     3.  An occupational therapy assistant shall, in all appropriate professional circumstances, refer to himself or herself professionally as an “occupational therapy assistant,” a “licensed occupational therapy assistant,” an “occupational therapy assistant licensed” or by the title’s initials, including, without limitation, “OTA/L.”

     4.  If presently certified by an agency approved by the Board, an occupational therapy assistant may refer to himself or herself by his or her applicable certification title or by the title’s initials, including, without limitation, “certified occupational therapy assistant,” “certified occupational therapy assistant licensed,” “COTA” or “COTA/L.”

     5.  An occupational therapist or occupational therapy assistant shall not use a title or initials for a title that are misleadingly similar to a title or certification, or initials for a title or certification, that he or she has not earned.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R210-07, 9-18-2008)

      NAC 640A.205  Adoption by reference of code of ethics and standards of practice. (NRS 640A.110)

     1.  The Board hereby adopts by reference:

     (a) The Occupational Therapy Code of Ethics approved by the representative assembly of the American Occupational Therapy Association or its successor organization; and

     (b) The Standards of Practice for Occupational Therapy approved by the representative assembly of the American Occupational Therapy Association or its successor organization.

     2.  A copy of the Occupational Therapy Code of Ethics or the Standards of Practice for Occupational Therapy may be obtained, free of charge, from the Board by written request.

     (Added to NAC by Bd. of Occupational Therapy by R083-99, eff. 9-27-99; A by R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.210  Prohibitions: Use of license; misrepresentations. (NRS 640A.110)

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

     (a) Support any claim, promise or guaranty concerning the success of the treatment he or she administers; or

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

     2.  A licensee shall not misrepresent:

     (a) His or her professional qualifications;

     (b) His or her affiliations;

     (c) His or her licenses; or

     (d) The licenses or professional qualifications of:

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

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

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.220  Professional responsibility regarding patients. (NRS 640A.110)  A licensee:

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

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

     (a) Race;

     (b) Color;

     (c) Sex;

     (d) Age;

     (e) Religion;

     (f) National origin;

     (g) Mental or physical disability; or

     (h) Sexual orientation.

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

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

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

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

     7.  Shall not suggest to a patient who is referred to him or her by one provider of health care that the patient seek the treatment of another provider of health care. If there is no referring provider of health care or if the patient does not wish to return to the referring provider of health care, a list containing the names of providers of health care may be offered to the patient by the licensee. If possible, such a list must contain the names of at least two providers of health care.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99)

      NAC 640A.230  Scope of services with and without referral of patient by licensed provider of health care. (NRS 640A.110)

     1.  An occupational therapist may practice occupational therapy on a patient for specific medical conditions if the patient has been referred to the occupational therapist by a provider of health care licensed to practice in this state.

     2.  An occupational therapist may, without referral, provide occupational therapy services, including, without limitation, evaluation, planning and implementing a program of intervention, monitoring services and consultation for a person whose ability to perform the tasks of daily living is impaired by:

     (a) Developmental deficiencies;

     (b) The aging process;

     (c) Environmental deprivation;

     (d) Sensory impairment;

     (e) Psychological or social dysfunction; or

     (f) Other conditions.

     3.  An occupational therapist may provide the occupational therapy services listed in subsection 2 in a nonmedical setting, including, without limitation, a residential setting, an educational setting, a vocational setting, a recreational setting, or a center that provides for the care of adults or children during the day.

     4.  As used in this section:

     (a) “Consultation” includes working with providers of health care and other persons involved in the care of a patient to provide advice and services.

     (b) “Monitoring services” includes those services which are characterized by regular contact at least once per month to:

          (1) Check or regulate adaptive and positioning equipment to ensure its proper use; or

          (2) Assess the level of skills of a patient, including, without limitation, the adaptive skills of the patient.

     (c) “Specific medical conditions” includes those conditions of acute trauma, infection, disease, aging or postsurgical status where custom requires the involvement of a provider of health care.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.250  Practice by occupational therapy assistant or provisional licensee. (NRS 640A.110, 640A.230)

     1.  An occupational therapy assistant or a provisional licensee shall not practice occupational therapy without the general supervision of an occupational therapist. Immediate physical presence or constant presence on the premises where the occupational therapy assistant or provisional licensee is practicing is not required of the supervising occupational therapist. To provide satisfactory general supervision, the occupational therapist shall:

     (a) Provide an initial program of intervention, and any subsequent changes to the initial program, for patients assigned to the occupational therapy assistant or provisional licensee.

     (b) Not less than 1 hour for each 40 hours of work performed by the occupational therapy assistant or provisional licensee and, in any event, not less than 1 hour each month, engage in:

          (1) Clinical observation of the occupational therapy assistant or provisional licensee; or

          (2) Direct communication with the occupational therapy assistant or provisional licensee. The mode and frequency of that communication is dependent upon the setting for the practice of the occupational therapy assistant or provisional licensee. Direct communication may consist of, without limitation:

               (I) Direct or joint treatment of a patient;

               (II) Personal supervision of the occupational therapy assistant or provisional licensee while providing services;

               (III) Conversation, in person or by telephone;

               (IV) Exchange of written comments;

               (V) Review of patient records; or

               (VI) Conferences, or other face-to-face meetings.

     (c) Establish the caseload of the occupational therapy assistant or provisional licensee based on the competency of the occupational therapy assistant or provisional licensee as determined by the supervising occupational therapist.

     (d) Review written documentation prepared by the occupational therapy assistant or provisional licensee during the course of treatment of a patient. The completion of this review by the occupational therapist may be evidenced by:

          (1) Preparation of a separate progress note; or

          (2) The occupational therapist signing and dating the document prepared by the occupational therapy assistant or provisional licensee.

     2.  The supervising occupational therapist and the occupational therapy assistant or provisional licensee shall jointly:

     (a) Document, in a manner other than the mere signing of service records prepared by another person, the supervision required pursuant to this section by preparing, without limitation:

          (1) Daily or weekly treatment or intervention schedules;

          (2) Logs of supervision, which must include, without limitation, the time and date of supervision, the type of supervision provided and the subject matter covered during the supervision; and

          (3) Patient records.

     (b) Ensure that each record regarding a patient treated by the occupational therapy assistant or provisional licensee is signed, dated and reviewed at least monthly by the occupational therapy assistant or provisional licensee and the supervising occupational therapist. In reviewing the record, the occupational therapist and the occupational therapy assistant or provisional licensee shall verify, without limitation:

          (1) The accuracy of the record; and

          (2) That there is continuity in the services received by the patient pursuant to the program of intervention.

     3.  An occupational therapy assistant or provisional licensee may assist a supervising occupational therapist to:

     (a) Prepare and disseminate any written or oral reports, including, without limitation, the final evaluation and discharge summary of a patient; and

     (b) Unless the treatment is terminated by a patient or his or her provider of health care, determine when to terminate treatment.

     4.  An occupational therapy assistant or provisional licensee shall document all treatment provided to a patient by the occupational therapy assistant or provisional licensee.

     5.  A supervising occupational therapist shall not delegate responsibilities to an occupational therapy assistant or provisional licensee which are beyond the scope of the training of the occupational therapy assistant or provisional licensee.

     6.  The provisions of this section do not prohibit an occupational therapy assistant or provisional licensee from responding to acute changes in a patient’s condition that warrant immediate assistance or treatment.

     7.  As used in this section, “sign” means to inscribe by handwriting or electronic means one’s name, initials or license number.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-95; R083-99, 9-27-99; R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.260  Supervision and employment of occupational therapy assistant: Verification; notice of termination. (NRS 640A.110)

     1.  An occupational therapy assistant shall submit verification of his or her employment and supervision by a licensed occupational therapist to the Board within 30 days after a change in the employment or supervision. The verification must be submitted on a form approved by the Board.

     2.  An occupational therapist who is licensed by the Board shall notify the Board within 30 days after the termination of his or her supervision of an occupational therapy assistant.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.265  Delegation of duties to occupational therapy assistants and unlicensed persons; limitations. (NRS 640A.110, 640A.230)

     1.  An occupational therapist shall supervise any program of intervention which is delegated to an occupational therapy assistant.

     2.  Only an occupational therapist may:

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

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

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

     (d) Determine the appropriate portion of the program of intervention and evaluation to be delegated to an occupational therapy assistant;

     (e) Delegate the treatment to be administered by the occupational therapy assistant;

     (f) Instruct the occupational therapy assistant regarding:

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

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

          (3) Any special problem of a patient;

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

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

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

     (h) Record the goal of treatment of a patient; and

     (i) Revise the plan of care when indicated.

     3.  Except as otherwise provided in NAC 640A.267, a licensee shall not knowingly delegate to a person who is less qualified than the licensee any program of intervention which requires the skill, common knowledge and judgment of the licensee.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.267  Delegation of duties to student or provisional licensee; limitations. (NRS 640A.110)  An occupational therapist who is supervising a:

     1.  Student participating in the supervised experience required by NRS 640A.120; or

     2.  Provisional licensee,

Ê may delegate duties to the student or provisional licensee if the occupational therapist determines, before delegating a duty, that the student or provisional licensee possesses the necessary knowledge, competence, training and skills to perform the duty.

     (Added to NAC by Bd. of Occupational Therapy, eff. 5-23-96; A by R179-01, 9-20-2002)

      NAC 640A.270  Delegation of duties to occupational therapy aide or technician; limitations. (NRS 640A.110, 640A.230)

     1.  A person may assist a licensed occupational therapist as an occupational therapy aide or technician. Such an occupational therapy aide or technician is not required to be licensed pursuant to the provisions of chapter 640A of NRS or possess the professional or advanced training in basic anatomical, biological, psychological or social sciences which are required for the practice of occupational therapy.

     2.  Except as otherwise provided in subsection 3, a licensed occupational therapist may delegate duties to an occupational therapy aide or technician if he or she determines, before delegating a duty, that the aide or technician possesses the necessary knowledge, competence, training and skills to perform the duty. The duties which may be delegated to an occupational therapy aide or technician include, but are not limited to, the:

     (a) Routine maintenance of a department;

     (b) Transportation of a patient;

     (c) Preparation of a work area for a therapy session with a patient;

     (d) Preparation of treatment equipment for a therapy session with a patient;

     (e) Attendance to the personal needs of a patient during treatment;

     (f) Assistance in the construction of adaptive equipment and splints;

     (g) Performance of clerical, secretarial and administrative duties; and

     (h) Monitoring a patient for safety purposes while the patient is performing an activity, including, without limitation, the practice of repetitive skills.

     3.  A licensed occupational therapist may not delegate a duty to an occupational therapy aide or technician if the duty requires the aide or technician to make independent evaluations, assessments or recommendations. The duties which may not be delegated to an aide or technician include, but are not limited to, the:

     (a) Interpretation of the record of a patient referred to an occupational therapist;

     (b) Interpretation of prescriptions for a patient;

     (c) Development, planning, adjustment or modification of procedures for the treatment of a patient;

     (d) Recordation of the treatment or progress of a patient;

     (e) Duties described in subsection 3 of NAC 640A.265; and

     (f) Performance of any duty which requires the aide or technician to act independently or without the supervision of a licensed occupational therapist during a therapy session with a patient.

     4.  An occupational therapist who delegates a duty to an aide or technician:

     (a) Shall directly supervise the aide or technician in accordance with the provisions of NAC 640A.275;

     (b) Is professionally responsible for the duty performed by the aide or technician; and

     (c) Shall note in the record of a patient any duties performed by the aide or technician.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-96; R179-01, 9-20-2002; R210-07, 9-18-2008)

      NAC 640A.275  Supervision of occupational therapy aide or technician: “Directly supervise” interpreted. (NRS 640A.110, 640A.230)  As used in NRS 640A.230, the Board interprets the term “directly supervise” to mean supervision of an occupational therapy aide or technician by a licensed occupational therapist who:

     1.  Is physically present on the premises at all times when the aide or technician is working with patients;

     2.  Provides personal instruction to the aide or technician on a regular basis;

     3.  Personally evaluates the work of the aide or technician on a regular basis; and

     4.  Sets forth detailed statements of the duties and responsibilities of the aide or technician.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-96)—(Substituted in revision for NAC 640A.360)

      NAC 640A.280  Termination or interruption of treatment. (NRS 640A.110)  A licensee:

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

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

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

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

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

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

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.290  Records of patients: Maintenance; release; falsification; review before signing. (NRS 640A.110)

     1.  A licensee shall maintain in a secure and confidential manner any record of a patient which shows a medical problem of the patient or the scope of the treatment of the patient administered by the licensee.

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

     (a) With the written consent of the patient;

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

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

     (d) When there exists a clear and immediate danger to the patient, another person or to society. If there exists such a danger, a disclosure may be made to an appropriate member of the patient’s family, to another provider of health care or to an appropriate agent of a law enforcement agency or other agency of the Federal Government, the state or one of its political subdivisions when acting in an official capacity.

     3.  A licensee shall not falsify a record of health care of a patient to indicate:

     (a) The presence of the licensee at a time when he or she is not in attendance treating a patient; or

     (b) That therapeutic procedures were performed by the licensee which he or she has not performed.

     4.  A licensee shall not sign a record of health care of a patient unless the licensee has reviewed the record. The review of the record must include, without limitation, verification of:

     (a) The accuracy of the record; and

     (b) Continuity in the services received by the patient pursuant to the program of intervention.

     5.  As used in this section, “sign” means to inscribe by handwriting or electronic means one’s name, initials or license number.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.300  Fees and billing. (NRS 640A.110)  A licensee shall:

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

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

     3.  Refrain from any misleading or deceptive billing practice.

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

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.310  Advertising. (NRS 640A.110)  A licensee shall not advertise treatment by the use of occupational therapy or equipment used in the practice of occupational therapy in such a manner that the advertising:

     1.  Contains a testimonial or endorsement by another person;

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

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

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

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

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.320  Conduct of programs of research. (NRS 640A.110)

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

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

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

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

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

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

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

DISCIPLINARY ACTION

      NAC 640A.340  Complaints against licensees. (NRS 640A.110)

     1.  Any person who believes that another person licensed by the Board has violated a provision of this chapter or chapter 640A of NRS may file a complaint with the Board on a form provided by the Board.

     2.  The Board may, on its own, initiate a complaint against a person licensed by the Board.

     3.  A complaint must, without limitation:

     (a) Identify one or more grounds for disciplinary action;

     (b) Contain a statement of facts in sufficient detail to enable the Board to understand the allegations; and

     (c) Be signed by the person making the complaint.

     4.  The Executive Director of the Board, in consultation with legal counsel, shall review each complaint and decide if the complaint merits an investigation.

     5.  The Executive Director of the Board shall bring before the Board any complaint found to have merit.

     6.  For any proceedings regarding a complaint filed against an occupational therapy assistant, the Board may require that the occupational therapy assistant be accompanied by any occupational therapist who signed, dated or reviewed a record regarding a patient related to the complaint.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

      NAC 640A.350  Acts constituting unprofessional conduct. (NRS 640A.110, 640A.200)  In addition to those acts specified in subsection 4 of NRS 640A.200, the following acts, among others, constitute “unprofessional conduct”:

     1.  Engaging in the practice of occupational therapy when unable to do so with reasonable skill and safety to patients because of the licensee’s use of alcohol or any controlled substance, or because of any mental or physical condition or illness suffered by the licensee;

     2.  Being guilty of negligence in the performance of occupational therapy;

     3.  Allowing another person to use the license issued to the licensee;

     4.  Failing to report or otherwise concealing information related to a violation of this chapter or NRS 640A.200 which could result in harm to the public health and welfare;

     5.  Intentionally making or filing a false or misleading report;

     6.  Failing to file a report which is required by law or a third person or intentionally obstructing or attempting to obstruct another person from filing such a report;

     7.  Intentionally harassing, abusing or intimidating a patient, employer, employee, colleague or other person, either physically or verbally, including, but not limited to, sexual harassment, abuse or intimidation;

     8.  Failing to notify the Board of disciplinary action imposed upon the licensee or applicant for licensure by a regulatory authority in another jurisdiction in which the licensee or applicant currently holds or held a license;

     9.  Divulging, without the consent of the patient, information gained within the context of the professional relationship with the patient, unless otherwise required by law;

     10.  Failing to obtain the informed consent of a patient before engaging in scientific research involving the patient;

     11.  Violating a provision of the Occupational Therapy Code of Ethics or the Standards of Practice for Occupational Therapy, adopted by reference in NAC 640A.205;

     12.  Referring or appearing to refer a patient to a third person to receive a fee or other consideration from the third person;

     13.  Recommending or prescribing therapeutic devices or modalities sold by a third person to receive a fee or other consideration from the third person;

     14.  Advertising in a manner that tends to deceive or mislead the public;

     15.  Making false statements, providing false information or omitting pertinent information in connection with an application for licensure or renewal of a license;

     16.  Misrepresenting or falsifying credentials, including, but not limited to, those relating to education, training, experience and areas of competency;

     17.  Practicing or offering to practice beyond the scope authorized by law; or

     18.  Performing professional services which the occupational therapist knows he or she is not competent to perform.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A 5-23-96; R083-99, 9-27-99; R210-07, 9-18-2008)

      NAC 640A.361  Unprofessional conduct: Imposition of conditions on use of license. (NRS 640A.110, 640A.200)  If the Board determines that an occupational therapist or occupational therapy assistant is guilty of unprofessional conduct pursuant to NRS 640A.200 and does not suspend or revoke his or her license, the Board will impose, as it deems appropriate, one or more of the following conditions on the use of that license:

     1.  The acceptance of a public or private reprimand administered by the Board;

     2.  Probation for a specified period or until further order of the Board;

     3.  Restrictions or limitations on the scope of the licensee’s practice;

     4.  The successful completion of a program of remedial education or treatment approved by the Board;

     5.  Supervision of the professional work of the licensee by a person approved by the Board;

     6.  The repayment to a patient of all money collected by the licensee in connection with the unprofessional conduct;

     7.  The successful completion of a physical or mental examination or an examination testing the competence of the licensee; or

     8.  Such other disciplinary action as the Board considers necessary and appropriate.

     (Added to NAC by Bd. of Occupational Therapy, eff. 5-23-96; A by R083-99, 9-27-99)

      NAC 640A.370  Recovery by Board of attorney’s fees and costs. (NRS 640A.110)  Pursuant to NRS 622.400, the Board may recover from a person reasonable attorney’s fees and costs relating to any disciplinary proceedings involving the person.

     (Added to NAC by Bd. of Occupational Therapy by R210-07, eff. 9-18-2008)

PROCEEDINGS BEFORE BOARD

      NAC 640A.400  Action by Board on its own motion; petition for adoption, amendment or repeal of regulation or for hearing. (NRS 640A.110)

     1.  The Board may act on its own motion. Any other request for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing by the Board must be submitted to the Board as a petition.

     2.  Any interested person may submit a petition to the Board for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing by the Board.

     3.  The petition must be in writing and addressed to the Chair of the Board.

     4.  An original and two legible copies of the petition must be filed with the Board. The Board may, when appropriate, direct that a copy of each petition be made available to any other person who the Board determines may be affected by the petition.

     5.  The petition must contain:

     (a) The full name and mailing address of the petitioner;

     (b) If the adoption of a new regulation is proposed, the body or substance of the proposed regulation and the supporting facts and arguments;

     (c) If the amendment or repeal of an existing regulation is proposed, the NAC citation of the regulation and the supporting facts and arguments;

     (d) If a formal hearing by the Board is requested, the relevant facts which support the request; and

     (e) A statement that the petition is made in accordance with the applicable provisions of the NRS.

     6.  The petition must be signed by the petitioner. The signature constitutes a representation by the signer that:

     (a) He or she has read the petition;

     (b) To the best of his or her knowledge, information and belief, the statements made therein are true; and

     (c) The petition is not interposed for delay.

     7.  Upon receipt of such a petition, the Board will, if necessary, request the petitioner to clarify the request.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)

      NAC 640A.410  Fees and expenses of witnesses. (NRS 640A.110, 640A.210)  A witness who participates in a proceeding held by the Board is entitled to receive fees and reimbursement for mileage in the same amounts and under the same conditions as for witnesses in the courts of this state.

     (Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92)