NRS: CHAPTER 640A - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

[Rev. 6/29/2024 4:48:21 PM--2023]

CHAPTER 640A - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

GENERAL PROVISIONS

NRS 640A.010 Legislative declaration.

NRS 640A.020 Definitions.

NRS 640A.030 “Board” defined.

NRS 640A.040 “Occupational therapist” defined.

NRS 640A.050 “Occupational therapy” defined.

NRS 640A.060 “Occupational therapy assistant” defined.

NRS 640A.070 Applicability of chapter.

BOARD OF OCCUPATIONAL THERAPY

NRS 640A.080 Creation; qualifications, appointment and terms of members; vacancies.

NRS 640A.090 Meetings; Chair; compliance with Open Meeting Law; quorum.

NRS 640A.100 Salary, per diem allowance and travel expenses of members; employment, duties and salaries of Executive Director and other employees; payment of expenses and salaries.

NRS 640A.110 Powers and duties; regulations.

NRS 640A.115 Inspection of premises by Board.

LICENSES

NRS 640A.120 Qualifications for license.

NRS 640A.130 Waiver for completion of equivalent foreign education and experience. [Repealed.]

NRS 640A.140 Application for license.

NRS 640A.145 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 640A.145 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 640A.150 Examination for license.

NRS 640A.160 Issuance of license without examination. [Repealed.]

NRS 640A.165 Expedited license by endorsement as occupational therapist: Requirements; procedure for issuance.

NRS 640A.166 Expedited license by endorsement as occupational therapist for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 640A.168 Reciprocal license: Qualifications; application; issuance.

NRS 640A.170 Temporary license: Qualifications; issuance; period of validity; renewal; revocation.

NRS 640A.172 Provisional license: Qualifications; issuance; limitations; period of validity; renewal; revocation.

NRS 640A.180 Expiration, renewal and reinstatement of license; placement of license on inactive status; regulations.

NRS 640A.185 Renewal of license: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 640A.190 Fees; regulations.

DISCIPLINARY AND OTHER ACTIONS

NRS 640A.200 Authorized disciplinary or other action; grounds; reinstatement of revoked license; orders imposing discipline deemed public records.

NRS 640A.205 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640A.210 Authority to conduct investigations, hold hearings and examine witnesses; oaths; subpoenas.

NRS 640A.215 Filing of complaints.

NRS 640A.217 Administrative citation: Issuance; order to take corrective action; payment or waiver of administrative fine; additional sanction.

NRS 640A.220 Confidentiality of certain records of Board; exceptions; retention of complaints.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 640A.230 Unauthorized practice prohibited; penalties.

NRS 640A.250 Injunctive relief.

_________

GENERAL PROVISIONS

NRS 640A.010 Legislative declaration. The Legislature declares that the purpose of this chapter is to protect the public health, safety and welfare by ensuring that:

1. Only competent and scrupulous persons practice occupational therapy in this state; and

2. Persons who practice occupational therapy in this state maintain an appropriate standard of professional conduct.

(Added to NRS by 1991, 986)

NRS 640A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640A.030 to 640A.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1991, 986)

NRS 640A.030 “Board” defined. “Board” means the Board of Occupational Therapy.

(Added to NRS by 1991, 986)

NRS 640A.040 “Occupational therapist” defined. “Occupational therapist” means a person who is licensed pursuant to this chapter to practice occupational therapy.

(Added to NRS by 1991, 986)

NRS 640A.050 “Occupational therapy” defined. “Occupational therapy” means the use of evaluations, teachings and interventions to facilitate the activities of daily living of a client in groups or on an individual basis to enable the client to participate in and perform activities of daily living in various settings, including, without limitation, at home, at school, in the workplace and in the community. The term includes:

1. Providing services for habilitation, rehabilitation and the promotion of health and wellness to a client;

2. Assisting a client in achieving the highest practicable physical, cognitive and psychosocial well-being to improve the physical and mental health of the client and the quality of life of the client;

3. Teaching a client skills for daily living;

4. Assisting a client in the development of cognitive and perceptual motor skills, and in the integration of sensory functions;

5. Assisting a client in learning to play and to use his or her leisure time constructively;

6. Assisting a client in developing functional skills necessary to be considered for employment;

7. Assessing the need for, designing, constructing and training a client in the use and application of selected orthotic devices and adaptive equipment;

8. Assessing the need for prosthetic devices for the upper body and training a client in the functional use of prosthetic devices;

9. Teaching a client crafts and exercises designed to enhance his or her ability to function normally;

10. Administering to a client manual tests of his or her muscles and range of motion, and interpreting the results of those tests;

11. Incorporating into the treatment of a client the safe and appropriate use of physical agent modalities and techniques which have been acquired through an educational program required to obtain the certification described in NRS 640A.120, or through a program of continuing education or higher education; and

12. Adapting the environment of a client to reduce the effects of handicaps.

(Added to NRS by 1991, 986; A 2013, 275; 2023, 434)

NRS 640A.060 “Occupational therapy assistant” defined. “Occupational therapy assistant” means a person who is licensed pursuant to this chapter to practice occupational therapy under the general supervision of an occupational therapist.

(Added to NRS by 1991, 987)

NRS 640A.070 Applicability of chapter. This chapter does not apply to a person:

1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.

2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.

3. Enrolled in an educational program that is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc. or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

(Added to NRS by 1991, 987; A 2003, 904; 2013, 276; 2021, 1600; 2023, 434, 1680)

BOARD OF OCCUPATIONAL THERAPY

NRS 640A.080 Creation; qualifications, appointment and terms of members; vacancies.

1. The Board of Occupational Therapy, consisting of five members appointed by the Governor, is hereby created.

2. The Governor shall appoint to the Board:

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

(1) An occupational therapist or an occupational therapy assistant; or

(2) The spouse or the parent or child, by blood, marriage or adoption, of an occupational therapist or an occupational therapy assistant.

(b) One member who is an occupational therapist or occupational therapy assistant.

3. Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:

(a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding the appointment; and

(b) Except for the initial members, hold a license issued pursuant to this chapter.

4. No member of the Board may serve more than two consecutive terms.

5. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this chapter to replace that member for the remainder of the unexpired term.

(Added to NRS by 1991, 987; A 1995, 93; 2003, 1197; 2007, 1846)

NRS 640A.090 Meetings; Chair; compliance with Open Meeting Law; quorum.

1. The Board shall:

(a) Hold at least two meetings a year at the call of the Chair or upon the written request of two or more members.

(b) Elect a Chair at the first regular meeting of each year.

2. A majority of the members of the Board constitutes a quorum.

(Added to NRS by 1991, 988; A 2005, 979; 2013, 276)

NRS 640A.100 Salary, per diem allowance and travel expenses of members; employment, duties and salaries of Executive Director and other employees; payment of expenses and salaries.

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

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

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

2. The Board may employ an Executive Director and any other employees it deems necessary, establish their duties and fix their salaries.

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

(Added to NRS by 1991, 988; A 2013, 277; 2023, 435)

NRS 640A.110 Powers and duties; regulations.

1. The Board shall:

(a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

(b) Prepare and maintain a record of its proceedings, including, without limitation, any administrative proceedings;

(c) Evaluate the qualifications and determine the eligibility of an applicant for a license as an occupational therapist or occupational therapy assistant and, upon payment of the appropriate fee, issue the appropriate license to a qualified applicant;

(d) Adopt regulations establishing standards of practice for persons licensed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter;

(e) Require a person licensed pursuant to this chapter to submit to the Board such documentation as the Board deems necessary to determine whether the licensee has acquired the skills necessary to perform physical agent modalities;

(f) Investigate any complaint filed with the Board against a licensee; and

(g) Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice occupational therapy or as an occupational therapy assistant without the appropriate license issued pursuant to the provisions of this chapter.

2. The Board may transact any other business necessary to enable the Board to carry out its duties pursuant to this chapter.

(Added to NRS by 1991, 988; A 2013, 277, 2242)

NRS 640A.115 Inspection of premises by Board. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices occupational therapy or as an occupational therapy assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing occupational therapy or as an occupational therapy assistant without the appropriate license issued pursuant to the provisions of this chapter.

(Added to NRS by 2013, 2242)

LICENSES

NRS 640A.120 Qualifications for license. Except as otherwise provided in NRS 640A.172, to be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:

1. Have passed the examination approved by the Board pursuant to NRS 640A.150; and

2. Hold a current certification as an occupational therapist or occupational therapy assistant, as applicable, with the National Board for Certification in Occupational Therapy, or its successor organization.

(Added to NRS by 1991, 988; A 2013, 277; 2015, 3024, 3902; 2023, 435)

NRS 640A.130 Waiver for completion of equivalent foreign education and experience. Repealed. (See chapter 88, Statutes of Nevada 2023, at page 440.)

NRS 640A.140 Application for license.

1. Except as otherwise provided in NRS 640A.165, 640A.166 and 640A.168, a person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:

(a) Submit an application to the Board in the manner prescribed by the Board; and

(b) Provide evidence satisfactory to the Board that he or she possesses the qualifications required pursuant to NRS 640A.120.

2. The application must include all information required to complete the application.

(Added to NRS by 1991, 989; A 1997, 2152; 2005, 2753, 2807; 2015, 3025, 3903; 2023, 435)

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

(a) An applicant for the issuance of a license as an occupational therapist or occupational therapy assistant 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 as an occupational therapist or occupational therapy assistant 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 as an occupational therapist or occupational therapy assistant 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, 2151; A 2005, 2753, 2807)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as an occupational therapist or occupational therapy assistant 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 as an occupational therapist or occupational therapy assistant may not be issued or renewed by the Board if the applicant:

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

(Added to NRS by 1997, 2151; A 2005, 2753, 2754, 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 640A.150 Examination for license. The Board shall:

1. Approve an examination on the laws and regulations governing the practice of occupational therapy in this State; and

2. Establish the requirements to pass the examination.

(Added to NRS by 1991, 989; A 2013, 278; 2023, 436)

NRS 640A.160 Issuance of license without examination. Repealed. (See chapter 88, Statutes of Nevada 2023, at page 440.)

NRS 640A.165 Expedited license by endorsement as occupational therapist: Requirements; procedure for issuance.

1. The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant satisfies the requirements set forth in NRS 640A.120 and holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States.

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

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

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as an occupational therapist; and

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

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

(c) A fee in the amount of the fee set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

(d) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving the application.

4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3023; A 2019, 4298; 2023, 436)

(a) Holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States;

(b) Meets the requirements set forth in NRS 640A.120; and

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

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

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

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as an occupational therapist; and

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

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

(c) A fee in the amount set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

(d) Any other information required by the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an occupational therapist in accordance with regulations adopted by the Board.

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

(Added to NRS by 2015, 3902; A 2019, 4299; 2023, 437)

NRS 640A.168 Reciprocal license: Qualifications; application; issuance.

1. The Board may issue a license by reciprocity as an occupational therapist or occupational therapy assistant to an applicant who meets the requirements set forth in this section. An applicant may submit an application for such a license if the applicant:

(a) Holds a valid and unrestricted license as an occupational therapist or occupational therapy assistant, as applicable, in any state that is a member of the Occupational Therapy Licensure Compact; and

(b) Meets the requirements set forth in NRS 640A.120.

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

(a) Proof satisfactory to the Board that the applicant satisfies the requirements of subsection 1;

(b) A fee in the amount set by regulation of the Board pursuant to NRS 640A.190; and

(Added to NRS by 2023, 432)

NRS 640A.170 Temporary license: Qualifications; issuance; period of validity; renewal; revocation.

1. The Board may issue a temporary license to a person who has the qualifications required pursuant to NRS 640A.120 and who is licensed as an occupational therapist or occupational therapy assistant in good standing in another state.

2. A temporary license issued pursuant to subsection 1 is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.

3. The Board may renew a temporary license not more than once and may revoke a temporary license for any of the grounds set forth in NRS 640A.200.

(Added to NRS by 1991, 990; A 2013, 278; 2023, 437)

NRS 640A.172 Provisional license: Qualifications; issuance; limitations; period of validity; renewal; revocation.

1. The Board may issue a provisional license to a person who:

(a) Has passed the examination approved by the Board pursuant to NRS 640A.150;

(b) Has graduated from an educational program accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association Inc., or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, as an equivalent requirement for certification; and

(c) Is eligible to take the national examination required for certification by the National Board for Certification in Occupational Therapy.

2. A provisional license issued pursuant to this section authorizes the person to whom the provisional license is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter.

3. A provisional license issued pursuant to this section is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.

4. The Board may renew a provisional license not more than once and may revoke a provisional license for any of the grounds set forth in NRS 640A.200.

(Added to NRS by 2023, 432)

NRS 640A.180 Expiration, renewal and reinstatement of license; placement of license on inactive status; regulations.

1. The Board shall adopt regulations prescribing the period for which a license issued pursuant to the provisions of this chapter is valid. Except as otherwise provided in NRS 640A.170 and 640A.172, the period must be not less than 1 year.

2. The Board may adopt regulations prescribing the manner in which a license issued pursuant to this chapter must be renewed, which may include requirements for continuing education. Such requirements for continuing education may require a licensee to take and pass the examination approved by the Board pursuant to NRS 640A.150 at intervals set by the Board.

3. The Board may adopt regulations providing for the late renewal of a license and the reinstatement of an expired license, except that the Board may not renew or reinstate a license if 5 years have passed since its expiration.

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

(a) Does not practice occupational therapy, or represent that the person is authorized to practice occupational therapy, in this State; and

(b) Satisfies any requirements for continuing education established by the Board.

(Added to NRS by 1991, 990; A 2013, 279; 2023, 438)

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.

(Added to NRS by 2021, 806)

NRS 640A.190 Fees; regulations.

1. The Board may by regulation establish reasonable fees for:

(a) The examination of an applicant for a license;

(b) The initial issuance of a license, including a license by endorsement;

(d) The issuance of a provisional license;

(e) The issuance of a license by reciprocity pursuant to NRS 640A.168;

(f) The renewal of a license; and

(g) The late renewal of a license.

2. If an applicant submits an application for a license by endorsement pursuant to NRS 640A.166, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.

3. Except as otherwise provided in subsection 2, the fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

(Added to NRS by 1991, 990; A 2013, 279; 2015, 3025, 3903; 2023, 438)

DISCIPLINARY AND OTHER ACTIONS

NRS 640A.200 Authorized disciplinary or other action; grounds; reinstatement of revoked license; orders imposing discipline deemed public records.

1. The Board may, after notice and a hearing as required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license pursuant to the provisions of chapter 622A of NRS upon application by the person to whom the license was issued.

2. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

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

4. As used in this section, “unprofessional conduct” includes:

(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

(b) The conviction of:

(1) A felony or gross misdemeanor relating to the practice of occupational therapy; or

(2) Any crime involving moral turpitude;

(d) The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085; and

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

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

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

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

(Added to NRS by 1991, 990; A 1993, 795; 2003, 2714, 3456; 2005, 783; 2009, 897; 2021, 1582)

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 as an occupational therapist or occupational therapy assistant, 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 as an occupational therapist or occupational therapy assistant 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, 2152; A 2005, 2807)

NRS 640A.210 Authority to conduct investigations, hold hearings and examine witnesses; oaths; subpoenas.

1. In a manner consistent with the provisions of chapter 622A of NRS, the Board may conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter. For the purposes of this chapter:

(a) Any member of the Board may administer oaths; and

(b) The Chair of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any person fails to comply with the subpoena within 10 days after its issuance, the Chair of the Board may petition the district court for an order of the court compelling compliance with the subpoena.

3. Upon such a petition, the court shall enter an order directing the person subpoenaed 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 after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.

(Added to NRS by 1991, 991; A 2005, 784)

NRS 640A.215 Filing of complaints. Any person who becomes aware that a person practicing occupational therapy or as an occupational therapy assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action pursuant to NRS 640A.200 may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

(Added to NRS by 2013, 2242)

NRS 640A.217 Administrative citation: Issuance; order to take corrective action; payment or waiver of administrative fine; additional sanction.

1. A member or agent of the Board may issue a citation to a licensee if the member or agent concludes that, based on a preponderance of the evidence, the licensee has violated any regulation of the Board that requires a licensee to:

(a) Provide his or her current contact information to the Board;

(b) Provide to the Board information relating to the supervision or employment of the licensee;

(d) Practice only under the name listed on his or her license;

(e) Provide proof of continuing education; or

(f) Provide to the Board information or documentation required to be maintained by the licensee.

2. A citation issued pursuant to this section may include, without limitation, an order to:

(a) Take action to correct any condition resulting from any act that constitutes a violation of a provision set forth in subsection 1, at the cost of the person who committed the violation. If the citation contains such an order, the citation must:

(1) State the time permitted for compliance, which must be not less than 5 business days after the date the person receives the citation; and

(2) Specifically describe the corrective action to be taken.

(b) Except as otherwise provided by subsection 4, pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.

3. Any administrative fine imposed pursuant to this section must be in the amount prescribed by regulation of the Board, which must be not more than $500.

4. If a citation issued pursuant to this section contains an order to pay an administrative fine, the person to whom the citation was issued may submit a written request to the Board to waive the administrative fine. If the Board determines that good cause exists to waive the administrative fine, the Board may grant the request.

5. The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

(Added to NRS by 2023, 433)

NRS 640A.220 Confidentiality of certain records of Board; exceptions; retention of complaints.

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

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

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

4. The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.

(Added to NRS by 1991, 991; A 2003, 3457; 2005, 784; 2007, 2142; 2009, 897; 2013, 2243)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 640A.230 Unauthorized practice prohibited; penalties.

1. Except as otherwise provided in NRS 629.091, a person shall not practice occupational therapy, or represent that he or she is authorized to practice occupational therapy, in this state unless he or she holds a current license issued pursuant to this chapter. A person who violates the provisions of this subsection is guilty of a gross misdemeanor.

2. In addition to any other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:

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

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

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

(Added to NRS by 1991, 991; A 1995, 753; 2013, 279, 2243)

NRS 640A.250 Injunctive relief. Whenever any person has engaged in or is about to engage in any conduct which constitutes a violation of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Proceedings under this section must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

(Added to NRS by 2013, 2242)