[Rev. 11/21/2013 12:49:39 PM--2013]

CHAPTER 638 - VETERINARIANS

GENERAL PROVISIONS

NRS 638.001           Definitions.

NRS 638.0015         “Agency” defined.

NRS 638.002           “Animal” defined.

NRS 638.004           “Board” defined.

NRS 638.005           “Euthanasia technician” defined.

NRS 638.007           “Licensed veterinarian” defined.

NRS 638.008           “Practice of veterinary medicine” defined.

NRS 638.009           “School of veterinary medicine” defined.

NRS 638.011           “Veterinarian” defined.

NRS 638.012           “Veterinary medicine” defined.

NRS 638.013           “Veterinary technician” defined.

NRS 638.015           Applicability.

NRS 638.017           Service of process.

NRS 638.019           Action to collect compensation for regulated services requires proof of licensure at time of service.

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

NRS 638.020           Creation; number, appointment, qualifications and removal of members.

NRS 638.030           Oaths of appointive members.

NRS 638.040           Compensation of members and employees.

NRS 638.050           Officers; employment of Executive Director.

NRS 638.060           Meetings; quorum.

NRS 638.070           Regulations; powers; employees; offices.

NRS 638.073           Administration of oaths.

NRS 638.077           Inspections.

NRS 638.080           Duties of Executive Director; deposit, use and payment of Board’s money.

NRS 638.085           Fiscal year.

NRS 638.087           Records: General requirements; confidentiality of certain records of Board; exceptions.

NRS 638.089           Records: Additional provisions governing confidentiality and disclosure.

LICENSING

NRS 638.090           Unlawful to practice without license.

NRS 638.100           Application for license; qualifications; fee; grounds for refusal of license.

NRS 638.103           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 638.103           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 638.105           Admission to practice without examination.

NRS 638.110           Examination for license.

NRS 638.116           Euthanasia technician: Application for license; qualifications; fee.

NRS 638.117           Euthanasia technician: Examination.

NRS 638.118           Euthanasia technician: Duties upon cessation of qualified employment.

NRS 638.119           Euthanasia technician: Regulations.

NRS 638.122           Veterinary technicians: Application for license; qualifications; fee.

NRS 638.123           Veterinary technicians: Examination.

NRS 638.124           Veterinary technicians: Regulations of Board; responsibility of supervising veterinarian.

NRS 638.125           Practice by veterinarians licensed by adjoining states in areas not adequately served; conditions.

NRS 638.127           Renewal of license; penalty for delinquency; examination before renewal; limitation on issuance of license by reciprocity.

NRS 638.128           Placement of license on inactive status: Application; qualifications; effect; regulations.

NRS 638.129           Removal of limitation or suspension of license; reinstatement of revoked license.

NRS 638.131           Provision of regulations to licensees.

NRS 638.132           Board to adopt regulations for licensure of facility in which veterinary medicine is practiced.

NRS 638.133           Duty to report claim for malpractice or negligence and disposition.

NRS 638.134           Duty to recommend vaccinations for zoonotic diseases; duty to provide veterinary services at level of quality required by chapter.

DISCIPLINARY ACTION

Grounds

NRS 638.140           Statutory or regulatory violations; criminal offenses; improper or unlawful acts involving controlled substances; incompetence, negligence or malpractice; other grounds.

NRS 638.1402         Fraudulent acts.

NRS 638.1404         Claiming professional superiority; accepting money to cure manifestly incurable disease; participating in agreement to split fees or provide rebates in connection with referral of client without informing client of agreement.

NRS 638.1406         Allowing improper use of name; unlawful professional association; failure to report revocation of license to practice in another state, territory or district of United States.

NRS 638.1408         Failure to maintain facilities in sanitary condition; failure to maintain or alteration of records; filing false report or failing to make required report; inhumane or cruel treatment of animals.

 

Complaints, Investigations and Summary Orders

NRS 638.1413         Filing of complaint; investigation by Board; contents of notice sent by Executive Director.

NRS 638.1416         Physical examination of animal after filing of complaint concerning care of animal.

NRS 638.1419         Conduct of investigation.

NRS 638.142           Mental or physical examination; examination of competency to practice.

NRS 638.1423         Summary order of suspension or prohibition; hearing; investigation; order.

NRS 638.1429         Procedure after investigation completed.

NRS 638.144           Issuance and enforcement of subpoenas.

NRS 638.1445         Search warrant.

 

Disciplinary Proceedings

NRS 638.145           Evidentiary standard for refusing to issue license or taking disciplinary action.

NRS 638.147           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 638.1471         Issuance of citation by Board containing order of abatement or order to pay administrative fine; contents; penalty for failure to comply; regulations.

NRS 638.1473         Expenses of Board; deposit of money collected or received by Board or its delegate; delegation of Board’s authority to take disciplinary action; presentation of claim for payment of attorney’s fees and cost of investigation.

NRS 638.148           Judicial review.

 

Miscellaneous Provisions

NRS 638.151           Representation of Board at hearing.

NRS 638.1515         Requirements for proof.

NRS 638.152           Immunity from civil action.

NRS 638.1525         Unlawful for licensee to provide medical assistance, treatment or counsel to human being; exception; ground for disciplinary action; suspension of license; penalty.

NRS 638.1527         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.]

ENFORCEMENT; PENALTIES

NRS 638.153           Criminal prosecution not precluded by disciplinary action.

NRS 638.155           Injunctive relief for violations of chapter.

NRS 638.1551         Injunctive relief for unprofessional conduct.

NRS 638.1555         Allegation necessary for injunction.

NRS 638.160           Prosecution of violators by Attorney General or district attorneys.

NRS 638.170           Penalties.

MISCELLANEOUS PROVISIONS

NRS 638.200           Donated drugs: Restrictions on reissuance; donation; immunity from liability; maintenance of records; regulations.

_________

 

GENERAL PROVISIONS

      NRS 638.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 638.0015 to 638.013, inclusive, have the meanings ascribed to them in those sections.

      [Part 2:17:1919; 1919 RL p. 3204; NCL § 7791] + [Part 8:17:1919; 1919 RL p. 3205; NCL § 7797]—(NRS A 1960, 410; 1965, 364; 1975, 1148; 1985, 534; 1989, 537; 1995, 1676)

      NRS 638.0015  “Agency” defined.  “Agency” means:

      1.  A law enforcement agency;

      2.  An animal control agency; or

      3.  A society for the prevention of cruelty to animals which is in compliance with the provisions of chapter 574 of NRS.

      (Added to NRS by 1995, 1675)

      NRS 638.002  “Animal” defined.  “Animal” excludes a human being and includes any mammal, amphibian, fowl, bird, fish or reptile, wild or domestic, living or dead.

      (Added to NRS by 1989, 536; A 1995, 1676)

      NRS 638.004  “Board” defined.  “Board” means the Nevada State Board of Veterinary Medical Examiners.

      (Added to NRS by 1989, 536)

      NRS 638.005  “Euthanasia technician” defined.  “Euthanasia technician” means an employee of a law enforcement agency, an animal control agency, or of a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS, who is licensed by the Board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals.

      (Added to NRS by 1989, 536)

      NRS 638.007  “Licensed veterinarian” defined.  “Licensed veterinarian” means a person who is licensed by the Board and is on active status to practice veterinary medicine in this State.

      (Added to NRS by 1989, 536; A 1995, 1676)

      NRS 638.008  “Practice of veterinary medicine” defined.  “Practice of veterinary medicine” means:

      1.  To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including, but not limited to:

      (a) The prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique;

      (b) The collection of embryos;

      (c) Testing for pregnancy or for correcting sterility or infertility;

      (d) Acupuncture;

      (e) Dentistry;

      (f) Chiropractic procedures;

      (g) Surgery, including cosmetic surgery; or

      (h) Rendering advice or recommendation with regard to any of these.

      2.  To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subsection 1.

      3.  To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subsection 1, except if the person is a veterinarian.

      (Added to NRS by 1989, 536; A 1995, 1676)

      NRS 638.009  “School of veterinary medicine” defined.  “School of veterinary medicine” means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.

      (Added to NRS by 1989, 537)

      NRS 638.011  “Veterinarian” defined.  “Veterinarian” means a person who has received a doctor’s degree in veterinary medicine from a school of veterinary medicine.

      (Added to NRS by 1989, 537)

      NRS 638.012  “Veterinary medicine” defined.  “Veterinary medicine” includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

      (Added to NRS by 1989, 537)

      NRS 638.013  “Veterinary technician” defined.  “Veterinary technician” means a person who is:

      1.  Licensed by the Board pursuant to NRS 638.122; and

      2.  Formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.

      (Added to NRS by 1989, 536; A 1995, 1676; 2003, 1223)

      NRS 638.015  Applicability.  Nothing in this chapter applies:

      1.  To the gratuitous castrating, dehorning or vaccinating of domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a person under the direct supervision of a licensed veterinarian.

      2.  To debar any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which the veterinarian is assigned.

      3.  To any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association who is called into the State for consultation by a person licensed to practice under this chapter for a period not to exceed 30 days in any 12-month period if the person practices under the auspices of a licensed veterinarian.

      4.  To the giving of advice with respect to or the performance of acts which the Board by rule has prescribed as accepted livestock management practices.

      5.  To the owner of an animal or full-time regular employee of the owner who is caring for and treating an animal which belongs to the owner unless the ownership of the animal is transferred for the purposes of circumventing this chapter, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a person under the direct supervision of a licensed veterinarian.

      6.  To any person or agency that performs humane services for wildlife animals without charge.

      7.  To any person, other than a veterinarian, who renders aid, assistance or relief to an animal in an emergency without charge if the person does not represent himself or herself as holding a license to practice veterinary medicine or as holding a degree in veterinary medicine or other related field.

      8.  To any person, other than a veterinarian, who renders emergency paramedical services to an animal without charge during the transportation of the animal to a veterinary facility.

      [Part 8:17:1919; 1919 RL p. 3205; NCL § 7797]—(NRS A 1960, 413; 1965, 366; 1983, 1675; 1995, 1676)

      NRS 638.017  Service of process.  Except as otherwise provided in chapter 622A of NRS:

      1.  Service of process made pursuant to and all notices required by this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the veterinarian, veterinary technician or applicant for a license, at his or her last known address, as indicated on the records of the Board. If personal service cannot be made and if notice by mail is returned undelivered, the Executive Director of the Board shall cause a notice of the hearing or action to be published once a week for 4 consecutive weeks in a newspaper published in the county of that person’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made pursuant to this chapter must be filed with the Executive Director and recorded in the minutes of the Board.

      (Added to NRS by 1985, 1248; A 1995, 1677; 2005, 776)

      NRS 638.019  Action to collect compensation for regulated services requires proof of licensure at time of service.

      1.  A person engaged in any business or profession for which a license is required pursuant to this chapter may not bring or maintain an action in any court of this State, or be awarded judgment, for the collection of compensation for the performance of any act or contract for which such a license is required without alleging and proving that the person was licensed at all times during the performance of the act or contract.

      2.  Proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Board which establishes that the person bringing the action was licensed as required by subsection 1.

      (Added to NRS by 1991, 2067)

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

      NRS 638.020  Creation; number, appointment, qualifications and removal of members.

      1.  The Nevada State Board of Veterinary Medical Examiners is hereby created.

      2.  The Board consists of eight members appointed by the Governor.

      3.  Six of the members must:

      (a) Be residents of the State of Nevada.

      (b) Be graduates of a veterinary college accredited by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

      4.  One member must:

      (a) Be a resident of the State of Nevada.

      (b) Be a veterinary technician.

      (c) Have been lawfully engaged in practice as a veterinary technician in the State of Nevada for at least 5 years next preceding the date of his or her appointment.

      5.  One member appointed by the Governor must be a representative of the general public. This member must not be:

      (a) A veterinarian, a veterinary technician or a euthanasia technician; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.

      6.  Any member may be removed from the Board by the Governor for good cause.

      [2:17:1919; 1919 RL p. 3204; NCL § 7791]—(NRS A 1960, 411; 1975, 1149; 1977, 1256; 1979, 987; 1981, 55; 1985, 1251; 2003, 1196, 1223; 2013, 405)

      NRS 638.030  Oaths of appointive members.

      1.  Before entering upon the duties of office, each appointed member of the Board shall take the constitutional oath of office.

      2.  Each appointed member who is a licensed veterinarian shall make an oath that he or she is a graduate in veterinary medicine and legally qualified under the provisions of this chapter to practice veterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.

      [3:17:1919; 1919 RL p. 3204; NCL § 7792]—(NRS A 1960, 411; 1979, 987)

      NRS 638.040  Compensation of members and employees.

      1.  Members of the Board are entitled to receive:

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

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

      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.  Salaries and expenses may be paid only to the extent that sufficient money is received from licensees.

      [Part 7:17:1919; 1919 RL p. 3205; NCL § 7796]—(NRS A 1963, 155; 1975, 305, 1150; 1981, 1993; 1989, 1701; 2007, 2951)

      NRS 638.050  Officers; employment of Executive Director.

      1.  The Board shall elect from its appointed members a President and Vice President, who serve at the pleasure of the Board.

      2.  The Board may elect from its appointed members at least one member to act as a representative of the Board at any meeting held within the State or outside the State when the Board considers such representation beneficial.

      3.  The Board shall:

      (a) Employ an Executive Director, who shall maintain a copy of all correspondence;

      (b) Adopt regulations concerning the duties and qualifications of the Executive Director; and

      (c) At least annually, review the performance of the Executive Director.

      [Part 4:17:1919; A 1951, 63]—(NRS A 1960, 411; 1963, 156; 1975, 1150; 1981, 55; 1985, 1251; 1995, 1677)

      NRS 638.060  Meetings; quorum.

      1.  The Board shall meet at least annually and on the call of the President or any five of its members.

      2.  Five members of the Board constitute a quorum, and a quorum is necessary to conduct the business of the Board. Any action taken by the Board must be approved by at least a majority of the members present at a hearing or meeting of the Board.

      [Part 4:17:1919; A 1951, 63]—(NRS A 1960, 412; 1979, 987; 1985, 1252; 2003, 1223; 2013, 405)

      NRS 638.070  Regulations; powers; employees; offices.

      1.  The Board shall adopt regulations providing an administrative fine in an amount not to exceed $500 if an applicant for a license or the renewal of a license:

      (a) Intentionally or knowingly makes a false or misleading statement on an application;

      (b) Knowingly fails to submit a notarized application; or

      (c) Fails to inform the Board of any change of information which was contained in an application.

      2.  The Board may adopt regulations:

      (a) Necessary to carry out the provisions of this chapter;

      (b) Concerning the rights and responsibilities of veterinary interns and externs and graduates of schools of veterinary medicine located outside the United States or Canada;

      (c) Concerning the rights and responsibilities of a veterinarian’s employees who are not licensed nor working towards obtaining a license pursuant to this chapter and whose duties require them to spend a substantial portion of their time in direct contact with animals;

      (d) Concerning requirements for continuing education;

      (e) Establishing procedures to approve schools which confer the degree of veterinary technician or its equivalent;

      (f) Concerning the disposition of animals which are abandoned or left unclaimed at the office of a veterinarian;

      (g) Establishing sanitary requirements for facilities in which veterinary medicine is practiced, including, but not limited to, precautions to be taken to prevent the creation or spread of any infectious or contagious disease; and

      (h) Concerning alternative veterinary medicine, including, but not limited to, acupuncture, chiropractic procedures, dentistry, cosmetic surgery, holistic medicine, and the provision of such services by a licensed provider of health care under the direction of a licensed veterinarian.

      3.  The Board may:

      (a) Employ attorneys, investigators, hearing officers for disciplinary hearings, and other professional consultants and clerical personnel necessary to the discharge of its duties;

      (b) Conduct investigations and take and record evidence as to any matter cognizable by it;

      (c) Maintain offices in as many localities in the State as it considers necessary to carry out the provisions of this chapter; and

      (d) Purchase or rent any office space, equipment and supplies that it considers necessary to carry out the provisions of this chapter.

      [Part 4:17:1919; A 1951, 63]—(NRS A 1963, 156; 1975, 1150; 1981, 101; 1985, 1252; 1995, 1678)

      NRS 638.073  Administration of oaths.  The President of the Board, or in the President’s absence, the Vice President, may administer oaths in the performance of his or her duties.

      (Added to NRS by 1985, 1251)

      NRS 638.077  Inspections.  The Board, a member thereof or its authorized representative may inspect a facility in which veterinary medicine is practiced at any time during which the facility is open for business, to ensure compliance with the requirements of this chapter and the regulations of the Board.

      (Added to NRS by 1985, 1251)

      NRS 638.080  Duties of Executive Director; deposit, use and payment of Board’s money.

      1.  The Executive Director is the custodian of all the records and money of the Board, and shall deposit all money received by the Board pursuant to the provisions of this chapter, except fines imposed by the Board, in banks or savings and loan associations in the State of Nevada. The money must be used to meet the expenses of the Board.

      2.  Payment of money must be made upon the written order of the President of the Board countersigned by the Executive Director.

      [Part 4:17:1919; A 1951, 63] + [Part 7:17:1919; 1919 RL p. 3205; NCL § 7796]—(NRS A 1960, 412; 1963, 156; 1985, 1252; 1995, 1679)

      NRS 638.085  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1963, 155)

      NRS 638.087  Records: General requirements; confidentiality of certain records of Board; exceptions.

      1.  The Board shall keep a record of:

      (a) All charges filed against a licensee;

      (b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

      (c) Any order filed by the Board; and

      (d) All licenses issued by the Board including the name of the holder of the license, his or her business address, the date the license was issued and the number of the license.

      2.  Except as otherwise provided in this section, the records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

      3.  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.

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

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

      (Added to NRS by 1985, 1250; A 2003, 1224, 3453; 2005, 777; 2007, 2140)

      NRS 638.089  Records: Additional provisions governing confidentiality and disclosure.

      1.  Except as provided in this section and NRS 239.0115, all information received by the Board concerning an applicant for a license or a licensee, including the results of an investigation, is confidential.

      2.  If the Board takes disciplinary action against an applicant or licensee, the complaint and the action taken are no longer required to be confidential.

      3.  If the Board conducts any proceeding other than a disciplinary action regarding an applicant or licensee, its statement of findings and any order issued relating thereto are no longer required to be confidential.

      4.  Information concerning an applicant or a licensee may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state or any political subdivision of this State. Notice of the disclosure and the contents of the information must be given to the applicant or licensee within 3 business days before the disclosure.

      (Added to NRS by 1985, 1246; A 2007, 2141)

LICENSING

      NRS 638.090  Unlawful to practice without license.  It is unlawful for any person to practice veterinary medicine, surgery, obstetrics or dentistry within the State of Nevada without a license issued pursuant to the provisions of this chapter.

      [1:17:1919; 1919 RL p. 3204; NCL § 7790]—(NRS A 1960, 412; 1995, 1679)

      NRS 638.100  Application for license; qualifications; fee; grounds for refusal of license.

      1.  Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

      2.  The application must include all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character;

      (b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that the applicant has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association;

      (c) Has passed each examination required by the Board pursuant to NRS 638.110; and

      (d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      3.  A veterinary student in his or her final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue a license until the student has complied with the requirements of subsection 2.

      4.  The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.

      5.  The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

      [Part 5:17:1919; A 1951, 63]—(NRS A 1960, 412; 1971, 221; 1975, 1150; 1977, 1566; 1985, 1253; 1995, 1679; 1997, 2145; 2003, 1224, 3453; 2005, 2743, 2807, 2817)

      NRS 638.103  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 practice as a veterinarian, euthanasia technician or veterinary technician 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 practice as a veterinarian, euthanasia technician or veterinary technician 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 practice as a veterinarian, euthanasia technician or veterinary technician 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, 2144; A 2005, 2744, 2807)

      NRS 638.103  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 practice as a veterinarian, euthanasia technician or veterinary technician 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 practice as a veterinarian, euthanasia technician or veterinary technician 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, 2144; A 2005, 2744, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 638.105  Admission to practice without examination.

      1.  The Board may in its discretion license an applicant solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the applicant has, within the previous 5 years, successfully passed any examination approved by:

      (a) The Board; and

      (b) A national testing service for veterinary medicine that has been approved by the Board.

      2.  The Board may, upon payment of the fee prescribed under NRS 638.100, license without examination any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to the specialty in which the person is certified. If an applicant for a license under this section is denied a license, any fee tendered by the applicant may be returned to the applicant at the discretion of the Board.

      [Part 5:17:1919; A 1951, 63]—(NRS A 1960, 413; 1975, 1151; 1995, 1680; 1999, 184)

      NRS 638.110  Examination for license.

      1.  Except as otherwise provided by NRS 638.105, each applicant for an initial license must pass:

      (a) The state examination administered by the Board; and

      (b) Any other examination approved by the Board and a national testing service for veterinary medicine that has been approved by the Board.

      2.  The Board shall adopt regulations prescribing the requirements for the examination of an applicant.

      3.  The written examination required of an applicant may be supplemented by such oral interviews and practical demonstrations as the Board considers necessary.

      4.  If the Board denies an applicant a license because the applicant did not comply with the requirements of this section, the Board is not required to return the fee submitted with the application.

      [Part 5:17:1919; A 1951, 63]—(NRS A 1960, 413; 1975, 1151; 1995, 1680; 1999, 185)

      NRS 638.116  Euthanasia technician: Application for license; qualifications; fee.

      1.  Any person who desires to secure a license as a euthanasia technician must make written application to the Executive Director of the Board.

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

      (d) Has not been convicted of a felony.

      (e) Has furnished any other information required by the Board.

      3.  The application must be accompanied by:

      (a) A fee to be set by the Board in an amount not to exceed $500; and

      (b) All information required to complete the application.

      (Added to NRS by 1989, 537; A 1995, 1680; 1997, 2146; 2005, 2745, 2807)

      NRS 638.117  Euthanasia technician: Examination.

      1.  The Board shall examine every applicant for a license as a euthanasia technician in order to determine his or her qualifications, and may issue or deny a license on the basis of the examination. All examinees must be tested by a written examination which may be supplemented by oral interviews and practical demonstrations as the Board considers necessary.

      2.  The Board may waive the practical examination requirements of subsection 1 if an applicant submits to the Board proof that he or she is licensed by an agency which the Board determines has substantially equivalent examination requirements as the practical examination requirements of the Board.

      (Added to NRS by 1989, 537; A 1995, 1681)

      NRS 638.118  Euthanasia technician: Duties upon cessation of qualified employment.  A euthanasia technician shall surrender his or her license to the Board, and notify the State Board of Pharmacy, when the euthanasia technician ceases to be employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

      (Added to NRS by 1989, 537)

      NRS 638.119  Euthanasia technician: Regulations.  The Board may adopt regulations governing the tasks and procedures that may be performed by a euthanasia technician.

      (Added to NRS by 1989, 537)

      NRS 638.122  Veterinary technicians: Application for license; qualifications; fee.

      1.  Any person who desires to secure a license as a veterinary technician must make written application to the Executive Director of the Board.

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the Board.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has furnished any other information required by the Board.

      3.  The application must be accompanied by:

      (a) A fee to be set by the Board in an amount not to exceed $500; and

      (b) All information required to complete the application.

      (Added to NRS by 1975, 1146; A 1985, 1253; 1995, 1681; 1997, 2146; 2005, 2745, 2807)

      NRS 638.123  Veterinary technicians: Examination.

      1.  Each applicant for a license as a veterinary technician must pass:

      (a) The state examination administered by the Board; and

      (b) The Veterinary Technician National Examination or any other examination approved by the Board.

      2.  The Board may supplement the written examination required by this section with oral interviews and practical demonstrations as the Board considers necessary.

      3.  The Board shall adopt regulations prescribing the requirements for examination.

      (Added to NRS by 1975, 1147; A 1995, 1681; 2003, 1225)

      NRS 638.124  Veterinary technicians: Regulations of Board; responsibility of supervising veterinarian.

      1.  The Board shall adopt regulations pertaining to and limiting the activities of veterinary technicians.

      2.  Regulations adopted by the Board pursuant to this section do not reduce the responsibility of the licensed veterinarian for acts performed by the veterinary technician on behalf of the licensed veterinarian and under his or her supervision and control.

      (Added to NRS by 1975, 1147; A 1995, 1682)

      NRS 638.125  Practice by veterinarians licensed by adjoining states in areas not adequately served; conditions.  Unless the Board finds, after the filing with the Board of a protest by a person licensed under the provisions of this chapter, that the area involved is adequately served by a person or persons licensed under the provisions of this chapter, any veterinarian who resides in an adjoining state, and whose area of practice reasonably extends to points within this State, may practice veterinary medicine, surgery, obstetrics or dentistry within this State if:

      1.  The greater portion of the veterinarian’s practice is in the state of his or her residence.

      2.  The veterinarian does not open or maintain an office or branch office within this State.

      3.  The veterinarian is licensed to practice veterinary medicine, surgery, obstetrics and dentistry in the state wherein he or she resides.

      (Added to NRS by 1960, 414)

      NRS 638.127  Renewal of license; penalty for delinquency; examination before renewal; limitation on issuance of license by reciprocity.

      1.  On or before November 15 of each year, the Executive Director shall mail to each person licensed under the provisions of this chapter an application form for renewal of the license.

      2.  Each applicant for renewal must complete the form and return it to the Executive Director, accompanied by all information required to complete the renewal, the renewal fee and full payment of all fines which the applicant owes to the Board, on or before January 1 of each year. Each application for renewal must be signed by the applicant. The renewal fee for licensees and persons on inactive status must be in an amount determined by the Board.

      3.  Upon receipt of the application and all required information and payment of the renewal fee and all fines owed, the Board shall issue to that person a certificate of renewal.

      4.  Any person who fails to renew a license on or before March 1 of each year forfeits the license.

      5.  When a person has forfeited his or her license in the manner provided in subsection 4, the Board may reinstate the license and issue a certificate of renewal upon receipt of all information required to complete the renewal and payment of:

      (a) The renewal fee;

      (b) All fines owed; and

      (c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after January 1.

      6.  If a licensee does not practice for more than 12 consecutive months, the Board may require the licensee to take an examination to determine his or her competency before renewing the license.

      7.  If a licensee does not renew his or her license and is licensed to practice in another state or territory of the United States, the Board may not issue the licensee a license to practice in the State by reciprocity. Such a licensee must reinstate the license in the manner prescribed by the Board.

      (Added to NRS by 1960, 414; A 1975, 1151; 1981, 55; 1985, 1254; 1989, 538; 1991, 2069; 1995, 1682; 1997, 2147; 2003, 1225; 2005, 2746, 2807)

      NRS 638.128  Placement of license on inactive status: Application; qualifications; effect; regulations.

      1.  A licensed veterinarian may apply to the Board to be placed on inactive status. The Board may grant the application if the applicant has:

      (a) A medical disability as determined by the Board;

      (b) Changed the location of his or her practice of veterinary medicine from this State to another state or country;

      (c) Never engaged in the practice of veterinary medicine in this State after licensure; or

      (d) Ceased to engage in the practice of veterinary medicine in this State for 12 consecutive months,

Ê and, as of the date of the application, has met all requirements for the issuance or renewal of a license to practice veterinary medicine.

      2.  If the application is granted, the applicant shall not engage in the practice of veterinary medicine in this State unless the applicant is returned to active status.

      3.  A person whose license has been placed on inactive status pursuant to this section is exempt from any requirements for continuing education.

      4.  The Board shall adopt regulations prescribing the:

      (a) Procedures for making an application pursuant to this section;

      (b) Procedures and terms upon which a person whose license has been placed on inactive status may resume the practice of veterinary medicine; and

      (c) Fees for renewal of inactive status.

      (Added to NRS by 1991, 2067; A 1995, 1682)

      NRS 638.129  Removal of limitation or suspension of license; reinstatement of revoked license.

      1.  Any person:

      (a) Whose practice of veterinary medicine has been limited; or

      (b) Whose license to practice veterinary medicine has been suspended until further order or revoked,

Ê may apply to the Board after a reasonable period for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination by physicians whom it designates or to an examination testing the person’s competence by other persons whom it designates, and submit such other evidence of changed conditions and of fitness as it considers proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as the evidence warrants.

      (Added to NRS by 1985, 1249; A 2005, 777)

      NRS 638.131  Provision of regulations to licensees.  A copy of the regulations of the Board governing the sanitary conditions of facilities in which veterinary medicine is practiced must be furnished to each person to whom a license is issued for the practice of veterinary medicine pursuant to this chapter.

      (Added to NRS by 1985, 1251)

      NRS 638.132  Board to adopt regulations for licensure of facility in which veterinary medicine is practiced.  The Board shall adopt regulations which prescribe the requirements for the licensure of a facility in which veterinary medicine is practiced, including, without limitation, the fee for the issuance and renewal of a license.

      (Added to NRS by 1995, 1675)

      NRS 638.133  Duty to report claim for malpractice or negligence and disposition.  Every veterinarian or veterinary technician licensed pursuant to this chapter shall report to the Board any claim for malpractice or negligence filed against him or her and its disposition within 90 days after the claim is filed and after its disposition.

      (Added to NRS by 1985, 1250; A 1995, 1683)

      NRS 638.134  Duty to recommend vaccinations for zoonotic diseases; duty to provide veterinary services at level of quality required by chapter.

      1.  Each licensed veterinarian to whom an animal is brought for treatment shall recommend to the owner of the animal or to the person delivering the animal for treatment that the animal receive the vaccinations for zoonotic diseases that are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. The vaccinations must be administered by a licensed veterinarian or under the direct supervision of a licensed veterinarian. The Board may adopt regulations to ensure compliance with the provisions of this subsection.

      2.  A licensed veterinarian who agrees to perform veterinary services on an animal shall provide the services at the level of quality required by this chapter regardless of the fee, if any, which the veterinarian charges for his or her services. A violation of this subsection is a ground for disciplinary action.

      (Added to NRS by 1995, 1675)

DISCIPLINARY ACTION

Grounds

      NRS 638.140  Statutory or regulatory violations; criminal offenses; improper or unlawful acts involving controlled substances; incompetence, negligence or malpractice; other grounds.  The following acts, among others, are grounds for disciplinary action:

      1.  Violation of a regulation adopted by the State Board of Pharmacy or the Nevada State Board of Veterinary Medical Examiners;

      2.  Habitual drunkenness;

      3.  Addiction to the use of a controlled substance;

      4.  Conviction of or a plea of nolo contendere to a felony related to the practice of veterinary medicine, or any offense involving moral turpitude;

      5.  Incompetence;

      6.  Negligence;

      7.  Malpractice pertaining to veterinary medicine as evidenced by an action for malpractice in which the holder of a license is found liable for damages;

      8.  Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance or a dangerous drug as defined in chapter 454 of NRS;

      9.  Willful failure to comply with any provision of this chapter, a regulation, subpoena or order of the Board, the standard of care established by the American Veterinary Medical Association or an order of a court;

      10.  Prescribing, administering or dispensing a controlled substance to an animal to influence the outcome of a competitive event in which the animal is a competitor;

      11.  Willful failure to comply with a request by the Board for medical records within 14 days after receipt of a demand letter issued by the Board;

      12.  Willful failure to accept service by mail or in person from the Board;

      13.  Failure of a supervising veterinarian to provide immediate or direct supervision to licensed or unlicensed personnel if the failure results in malpractice or the death of an animal; and

      14.  Failure of a supervising veterinarian to ensure that a licensed veterinarian is on the premises of a facility or agency when medical treatment is administered to an animal if the treatment requires direct or immediate supervision by a licensed veterinarian.

      [Part 5:17:1919; A 1951, 63]—(NRS A 1965, 366; 1971, 2039; 1975, 1147, 1152; 1985, 1254; 1987, 803, 1565; 1995, 1683; 1999, 185; 2003, 2713)

      NRS 638.1402  Fraudulent acts.  The following acts, among others, are grounds for disciplinary action:

      1.  Fraud or misrepresentation to secure a license;

      2.  Conspiring to commit fraud, forgery or deception in connection with an examination for a license;

      3.  Swearing falsely in any testimony or affidavit relating to or in the course of the practice of veterinary medicine; and

      4.  Engaging in any conduct likely to deceive, defraud or harm the public, including the dissemination of information by a veterinarian, licensee of a facility or agency or an employee of either, concerning the services of the licensee which is false or misleading and which the person knew or should have known was false or misleading.

      (Added to NRS by 1985, 1249; A 1995, 1684)

      NRS 638.1404  Claiming professional superiority; accepting money to cure manifestly incurable disease; participating in agreement to split fees or provide rebates in connection with referral of client without informing client of agreement.  The following acts, among others, are grounds for disciplinary action:

      1.  Claiming or implying professional superiority over other licensees;

      2.  Accepting money to cure permanently a manifestly incurable disease; and

      3.  Participating in an agreement with other veterinarians or licensees of a facility or agency if:

      (a) The agreement is to split fees or provide rebates in connection with the referral of a client; and

      (b) The client has not been informed of the agreement.

      (Added to NRS by 1985, 1249; A 1995, 1684)

      NRS 638.1406  Allowing improper use of name; unlawful professional association; failure to report revocation of license to practice in another state, territory or district of United States.  The following acts, among others, are grounds for disciplinary action:

      1.  Allowing one’s name to be used as a veterinarian or as a veterinary technician by another person who is not licensed or permitted to practice in this State;

      2.  Having professional association with or employing any person claiming to be a veterinarian or veterinary technician unlawfully; and

      3.  Failure to report, within 30 days, the revocation of a license to practice veterinary medicine or as a veterinary technician in another state, territory or district of the United States on grounds other than nonpayment of a fee.

      (Added to NRS by 1985, 1249; A 1995, 1684)

      NRS 638.1408  Failure to maintain facilities in sanitary condition; failure to maintain or alteration of records; filing false report or failing to make required report; inhumane or cruel treatment of animals.  The following acts, among others, are grounds for disciplinary action:

      1.  Failure of a licensee to maintain his or her facilities and premises in a clean and sanitary condition;

      2.  Failure to maintain records relating to the diagnosis, treatment and care of an animal;

      3.  Altering the records of an animal;

      4.  Making or filing a report which the licensee knows to be false;

      5.  Willful failure to report any dangerous, infectious or contagious disease or the results of any medical test as required by law; or

      6.  Willfully committing any inhumane or cruel act on any animal.

      (Added to NRS by 1985, 1250)

Complaints, Investigations and Summary Orders

      NRS 638.1413  Filing of complaint; investigation by Board; contents of notice sent by Executive Director.

      1.  The Board or any of its members who becomes aware of any fact which may be any one or a combination of the grounds for initiating disciplinary action shall, and any other person who is so aware may, file with the Board a written complaint specifying the relevant facts.

      2.  The Board may, upon its own motion, and shall, upon receipt of such a complaint, investigate the actions of any applicant for a license or any holder of a license issued pursuant to the provisions of this chapter.

      3.  The Executive Director shall send written notice by certified mail with return receipt requested to the person being investigated. The notice must contain the name of the person who filed the complaint against the licensee, the nature of the complaint and a request for any medical records the licensee may have relating to the complaint.

      (Added to NRS by 1985, 1245; A 1995, 1684; 2003, 1225)

      NRS 638.1416  Physical examination of animal after filing of complaint concerning care of animal.  Any person who files with the Board a verified complaint about the care given to his or her animal by a licensee may present the animal for a physical examination. The Board may:

      1.  Schedule the examination at a reasonable time and place;

      2.  Notify the complainant at least 5 days before the examination; and

      3.  Pay the cost of the examination.

      (Added to NRS by 1985, 1250)

      NRS 638.1419  Conduct of investigation.  The Board shall appoint one of its members to conduct the investigation of a complaint. The member conducting the investigation may request assistance from the Attorney General or the Executive Director of the Board, and may employ investigators, professional consultants and any other personnel necessary to conduct the investigation.

      (Added to NRS by 1985, 1245; A 1995, 1685; 2003, 1226)

      NRS 638.142  Mental or physical examination; examination of competency to practice.

      1.  If the Board has reason to believe that the conduct of any veterinarian or veterinary technician has raised a reasonable question as to his or her competence to practice veterinary medicine or to act as a veterinary technician with reasonable skill and safety to animals, it may order that person to undergo a mental or physical examination or an examination testing his or her competence to practice veterinary medicine or to act as a veterinary technician. The examination must be conducted by physicians or other persons designated by the Board to assist it in determining the fitness of that person to practice veterinary medicine or to act as a veterinary technician.

      2.  Every veterinarian or veterinary technician who accepts a license issued pursuant to this chapter shall be deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence when directed to do so in writing by the Board.

      3.  If the Board directs a licensee to submit to a mental or physical examination or an examination testing his or her competence, the examination must be held and the results returned to the Board not later than 60 days after the Board issues the order.

      4.  The testimony or reports of the examining physicians or other persons designated by the Board are privileged communication, except as to proceedings conducted pursuant to this chapter.

      5.  Except in extraordinary circumstances, as determined by the Board, the failure of a person licensed under this chapter to submit to an examination when directed as provided in this section constitutes a ground for the immediate suspension of the license.

      (Added to NRS by 1985, 1247; A 1995, 1685)

      NRS 638.1423  Summary order of suspension or prohibition; hearing; investigation; order.  Notwithstanding the provisions of chapter 622A of NRS:

      1.  If the Board receives information that a veterinarian or veterinary technician is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it may, without a hearing, suspend his or her license or prohibit the use of certain procedures or any dangerous activity. The Board shall notify the veterinarian or veterinary technician within 2 days after taking the action.

      2.  The Board shall, within 14 days after notifying the veterinarian or veterinary technician, hold an informal hearing to determine if cause exists to extend the order. The veterinarian or veterinary technician may present evidence at that hearing. After the hearing the Board may extend the order for no more than 60 days.

      3.  The issuance or extension of the order is not an adjudication on the merits. During the period of suspension, the Board shall investigate further and if it decides it is necessary, hold a formal hearing which must take priority over any other proceeding before the Board. If the Board finds, after the formal hearing, that the licensee is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it shall issue an order stating its findings and the action taken.

      (Added to NRS by 1985, 1247; A 1995, 1685; 2005, 778)

      NRS 638.1429  Procedure after investigation completed.

      1.  After the investigation of the complaint is completed, the member of the Board who conducted the investigation shall submit to the Board a written report of his or her findings and recommendations concerning the disposition of the complaint.

      2.  If the Board determines that there is not sufficient evidence to believe that a licensee has committed an act which constitutes a cause for disciplinary action, the Board shall dismiss the complaint and send a written notice to the person who filed the complaint and the licensee who was the subject of the investigation that the complaint was dismissed.

      3.  If the Board determines that there is sufficient evidence to believe that a licensee has committed an act which constitutes a ground for disciplinary action, the Board may enter into a settlement agreement with the licensee. The settlement agreement must be signed by the licensee and the President of the Board. The Board shall send a written notice of the settlement to the person who filed the complaint against the licensee. The notice must include a copy of the settlement agreement. The complaint and the settlement agreement are public records.

      (Added to NRS by 1985, 1245; A 1995, 1686; 2003, 1226; 2005, 778)

      NRS 638.144  Issuance and enforcement of subpoenas.

      1.  The Board, or a member assigned to investigate a complaint, may issue subpoenas to compel the attendance of witnesses and the production of books, records, papers and any other article related to the practice of veterinary medicine.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may report to the district court in 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 required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the articles required by the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify before the Board or produce the articles as required by the subpoena.

      3.  Upon receiving the petition, the court may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified before the Board or produced the articles as required by the subpoena. 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 shall 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 articles, and upon failure to obey the order the witness may be dealt with as for contempt of court.

      (Added to NRS by 1981, 54; A 1985, 1255)

      NRS 638.1445  Search warrant.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may request and obtain a search warrant from a magistrate upon a showing that the warrant is needed to carry out an order of the Board or for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.

      (Added to NRS by 1985, 1250; A 2005, 779)

Disciplinary Proceedings

      NRS 638.145  Evidentiary standard for refusing to issue license or taking disciplinary action.  The Board shall not refuse to issue a license to an applicant or take any disciplinary action against a licensee unless the Board finds, by substantial evidence, that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.

      (Added to NRS by 1975, 1147; A 1985, 1256; 2003, 1227; 2005, 779)

      NRS 638.147  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board determines that any applicant for a license or any person licensed pursuant to this chapter has committed any of the acts which are grounds for disciplinary action, the Board may:

      (a) Refuse to issue a license.

      (b) Refuse to renew a license.

      (c) Revoke a license.

      (d) Suspend a license for a definite period or until further order of the Board.

      (e) Impose a fine in an amount not to exceed $10,000 for each act which constitutes a ground for disciplinary action.

      (f) Place a licensee on probation subject to any reasonable conditions imposed by the Board, including requiring courses in continuing education or a periodic or continuous review of the licensee’s practice.

      (g) Administer a public reprimand.

      (h) Limit the practice of the licensee to specified branches of veterinary medicine.

      (i) Require the licensee to take a competency examination or a mental or physical examination.

      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 1975, 1147; A 1981, 56; 1985, 1256; 1995, 1686; 2003, 3454)

      NRS 638.1471  Issuance of citation by Board containing order of abatement or order to pay administrative fine; contents; penalty for failure to comply; regulations.  Notwithstanding the provisions of chapter 622A of NRS:

      1.  The Board may issue to a licensee a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the Board when the licensee is in violation of any provision of this chapter or any regulation adopted by the Board.

      2.  A citation must be in writing and describe with particularity the nature of the violation, including specific reference to the provision of law or the regulation determined to have been violated, and the amount of the fine, if any. A citation must be issued for each violation of this chapter or any regulation adopted by the Board.

      3.  Where appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.

      4.  The administrative fine assessed by the Board must not exceed $5,000 for each violation. In assessing a fine the Board shall give consideration to the appropriateness of the amount of the fine with respect to such factors as the gravity of the violation, the good faith of the licensee and the history of previous violations.

      5.  A citation must inform the licensee that if he or she desires a hearing to contest the finding of a violation or the amount of the fine assessed, the hearing must be requested by written notice to the Board within 30 days after the date of issuance of the citation. If a hearing is not requested pursuant to this section, a settlement does not constitute an admission of the violation charged unless the settlement agreement stipulates to such an admission.

      6.  Failure of a licensee to pay a fine within 30 days after the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the Board. Where a citation is not contested and a fine is not paid, the full amount of the fine that is assessed must be added to the fee for renewal of the license. A license must not be renewed without payment of the renewal fee and fine.

      7.  Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine constitutes a satisfactory resolution of the matter for purposes of public disclosure of the disposition of the violation.

      8.  The Board may adopt regulations to carry out this section. It may also adopt regulations to establish similar provisions for the issuance of a citation to a person who is practicing veterinary medicine without a license.

      (Added to NRS by 1991, 2068; A 1995, 1687; 2005, 779)

      NRS 638.1473  Expenses of Board; deposit of money collected or received by Board or its delegate; delegation of Board’s authority to take disciplinary action; presentation of claim for payment of attorney’s fees and cost of investigation.

      1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  Except as otherwise provided in this section, all money collected by the Board from the imposition of fines must be deposited with the State Treasurer for credit to the State General Fund. All other money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this State and paid out on its order for its expenses.

      3.  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 fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines 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 1985, 1246; A 1995, 1688; 1999, 1535; 2005, 780)

      NRS 638.148  Judicial review.

      1.  Any person against whom disciplinary action has been taken by the Board is entitled to judicial review of the Board’s order.

      2.  Every order of the Board imposing a sanction pursuant to NRS 638.147 is effective from the date the President and Executive Director certify the order until the date the order is modified or reversed by a final judgment of the court.

      (Added to NRS by 1985, 1248; A 1989, 1658; 1995, 1688; 2003, 1227)

Miscellaneous Provisions

      NRS 638.151  Representation of Board at hearing.  In a manner consistent with the provisions of chapter 622A of NRS, at all hearings the Attorney General, or an attorney employed by the Board, shall represent the Board.

      (Added to NRS by 1985, 1246; A 2005, 780)

      NRS 638.1515  Requirements for proof.

      1.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding:

      (a) Proof of actual injury need not be established where the charge is deceptive or unethical professional conduct.

      (b) If proof of actual injury is an issue, proof of actual injury may be established by the testimony and opinion of a witness who is not an expert witness.

      (c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.

      2.  As used in this section, “actual injury” means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.

      (Added to NRS by 1985, 1248; A 1995, 1688; 2003, 1227; 2005, 780)

      NRS 638.152  Immunity from civil action.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a veterinary society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning a veterinarian or veterinary technician, is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      (Added to NRS by 1985, 1249; A 1995, 1689; 2005, 781)

      NRS 638.1525  Unlawful for licensee to provide medical assistance, treatment or counsel to human being; exception; ground for disciplinary action; suspension of license; penalty.

      1.  Except as otherwise provided in NRS 41.500, a person licensed pursuant to the provisions of this chapter shall not provide medical assistance, treatment or counsel to a human being. Such conduct is a ground for disciplinary action.

      2.  The Board shall immediately suspend the license of a person who violates the provisions of this section.

      3.  Any person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  The Board may report an alleged violation of this section to the Attorney General or any district attorney. Upon receiving a report from the Board, the Attorney General or district attorney shall institute necessary proceedings in a court of competent jurisdiction against the person responsible for the alleged violation of this section.

      (Added to NRS by 1995, 1675; A 1997, 540, 1192)

      NRS 638.1527  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 practice as a veterinarian, euthanasia technician or veterinary technician, 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 practice as a veterinarian, euthanasia technician or veterinary technician that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose 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.

      (Added to NRS by 1997, 2145; A 2005, 2807)

ENFORCEMENT; PENALTIES

      NRS 638.153  Criminal prosecution not precluded by disciplinary action.  Notwithstanding the provisions of chapter 622A of NRS, the filing and review of a complaint, its dismissal without further action or its transmittal to the Attorney General, and any subsequent disposition by the Board, the Attorney General or any reviewing court do not preclude any appropriate criminal prosecution by the Attorney General or a district attorney based upon the same or other facts.

      (Added to NRS by 1985, 1249; A 2005, 781)

      NRS 638.155  Injunctive relief for violations of chapter.  Whenever any person has violated or is about to violate any of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the act or practice.

      (Added to NRS by 1981, 55)

      NRS 638.1551  Injunctive relief for unprofessional conduct.

      1.  In addition to any other remedy provided by law, the Board, through its President or the Attorney General, may apply to a court to enjoin any unprofessional conduct of a veterinarian or veterinary technician, or to limit his or her practice or suspend his or her license.

      2.  The court may issue a temporary restraining order or a preliminary injunction for such purposes:

      (a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

      (b) Pending proceedings for disciplinary action by the Board. Such proceedings must be instituted and determined as promptly as practicable.

      (Added to NRS by 1985, 1246; A 1995, 1689)

      NRS 638.1555  Allegation necessary for injunction.  Any person seeking to enjoin another person from acting as a veterinarian or veterinary technician without a license need allege only that the other person did, on a specified date in this State, so act without having a license.

      (Added to NRS by 1985, 1251; A 1995, 1689)

      NRS 638.160  Prosecution of violators by Attorney General or district attorneys.  Notwithstanding the provisions of chapter 622A of NRS, when requested by the Board, the Attorney General or the district attorneys of the respective counties of this State shall prosecute violators of this chapter.

      [Part 9:17:1919; 1919 RL p. 3206; NCL § 7798]—(NRS A 1975, 1152; 2005, 781)

      NRS 638.170  Penalties.

      1.  Except as otherwise provided in subsections 2 and 3 of this section and NRS 638.1525, a person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      2.  A person who practices veterinary medicine without a license issued pursuant to the provisions of this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  A person who practices as a veterinary technician without a license issued pursuant to the provisions of this chapter is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.

      [Part 9:17:1919; 1919 RL p. 3206; NCL § 7798]—(NRS A 1985, 1257; 1995, 1311, 1689; 1997, 540; 2013, 992)

MISCELLANEOUS PROVISIONS

      NRS 638.200  Donated drugs: Restrictions on reissuance; donation; immunity from liability; maintenance of records; regulations.

      1.  An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.

      2.  Except as otherwise provided in subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if:

      (a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug based on economic need;

      (b) The licensed veterinarian determines that the drug is suitable for that purpose;

      (c) The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced which is licensed pursuant to NRS 638.132, a pharmacy licensed pursuant to chapter 639 of NRS or an Internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;

      (d) The drug is not a controlled substance;

      (e) The drug is not a compounded drug;

      (f) Except as otherwise provided in subsection 3, the drug does not require refrigeration;

      (g) Except as otherwise provided in subsection 4, the drug is not in a liquid form;

      (h) The usefulness of the drug has not expired;

      (i) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (j) The name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

      3.  For the purposes of paragraph (f) of subsection 2, the drug may be donated if refrigeration of the drug is required only after opening and the drug is unopened when donated.

      4.  For the purposes of paragraph (g) of subsection 2, the drug may be donated if it is in a liquid form and is packaged in a single dose in an ampule or vial.

      5.  A licensed veterinarian or other person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and any regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation, acceptance, distribution or dispensation of the drug.

      6.  A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to this section and any regulations adopted pursuant thereto.

      7.  A licensed veterinarian shall not sell or resell any drug accepted pursuant to this section.

      8.  A licensed veterinarian shall:

      (a) Identify and maintain separately from other stock any drug accepted pursuant to this section; and

      (b) Make a record of each drug accepted pursuant to this section that includes, without limitation:

             (1) The date on which the drug was donated;

             (2) The name of the person who donated the drug;

             (3) The expiration date of the drug; and

             (4) If the drug expires while in the custody of the licensed veterinarian and the drug is destroyed, the date on which the drug was destroyed.

Ê The record must be maintained for not less than 4 years.

      9.  A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.

      10.  The Board may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) Requirements for reissuing drugs pursuant to this section, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

      (b) Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this section.

      (c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

      11.  As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865.

      (Added to NRS by 2011, 833)