NRS: CHAPTER 622 - GENERAL PROVISIONS GOVERNING REGULATORY BODIES

[Rev. 6/29/2024 4:42:20 PM--2023]

TITLE 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES

CHAPTER 622 - GENERAL PROVISIONS GOVERNING REGULATORY BODIES

GENERAL PROVISIONS

NRS 622.005 Definitions.

NRS 622.020 “Immediate relative” defined.

NRS 622.030 “License” defined.

NRS 622.040 “Licensee” defined.

NRS 622.050 “Member of a regulatory body” defined.

NRS 622.060 “Regulatory body” defined.

REGULATORY DUTIES

NRS 622.080 Enforcement of provisions of title for protection and benefit of public.

NRS 622.085 Development and implementation of process for preliminary determination of whether person’s criminal history will disqualify person from obtaining license; fee; posting of requirements and list of disqualifying crimes for licensure on Internet website; request for criminal history record; prohibition on submission of false or misleading information.

NRS 622.087 Equivalent credit towards satisfaction of requirements for issuance of license for completion of certain training programs: Determination; appeal; applicability to apprenticeship program; regulations.

NRS 622.090 Application of grading methodology included in examination to determine passage of examination.

NRS 622.095 Creation of online resource for immigrants to provide information relating to licensure.

REPORTS

NRS 622.100 Quarterly reports of disciplinary actions and regulatory activities: Submission by regulatory bodies to Director of Legislative Counsel Bureau; duties of Director.

NRS 622.120 Annual report to Interagency Council on Veterans Affairs on military and veteran status of applicants for license required.

ADMINISTRATION AND PERSONNEL

NRS 622.200 Provision of materials to and training of members regarding duties and responsibilities upon initial appointment; Attorney General authorized to charge for training.

NRS 622.205 Conditions and limitations regarding members who are not licensees of regulatory body.

NRS 622.207 Limitation on tenure of members of regulatory bodies; exception.

NRS 622.210 Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.

NRS 622.213 Contingency fee contract between regulatory body and attorney prohibited.

NRS 622.215 Contribution of regulatory body to Fund for Insurance Premiums; conditions and limitations regarding employment of attorney as legal counsel or contracting with attorney to provide services as independent contractor.

NRS 622.220 Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.

NRS 622.230 Conditions and limitations regarding contracting with person to provide services as independent contractor.

NRS 622.233 Acceptance of credit cards, debit cards and electronic transfers of money: Prerequisites; fees for use.

NRS 622.234 Written internal controls required concerning withdrawals of money deposited by regulatory body; regular reviews of expenditures; quarterly review of financial statements.

REGULATORY PROCEEDINGS; RECORDS

NRS 622.238 Legislative declaration; denial of application for license solely on immigration or citizenship status prohibited; provision of alternative personally identifying number if applicant does not have social security number; disclosure of social security number or alternative personally identifying number by regulatory body to person who is not its employee prohibited; exceptions; confidentiality of such numbers provided to regulatory body.

NRS 622.240 Application for renewal of license: Information concerning state business license required; conditions which require denial.

NRS 622.300 Duty of licensee to disclose certain information regarding immediate relatives.

NRS 622.310 Certain medical information and records protected from disclosure.

NRS 622.315 Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 622.320 Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.

NRS 622.330 Consent and settlement agreements: Conditions for entry; deemed public records; exceptions.

NRS 622.340 Requirements for meetings conducted by audio or video teleconference.

NRS 622.350 Certain meetings conducted outside State prohibited.

NRS 622.360 Disciplinary proceedings: Authority to require licensee to submit fingerprints; additional grounds for disciplinary action; supplemental provision.

ATTORNEY’S FEES AND COSTS

NRS 622.400 Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

NRS 622.410 Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.

SPECIAL CATEGORIES OF LICENSES

NRS 622.500 “Veteran” defined.

NRS 622.510 Regulatory body to develop opportunities for reciprocity for qualified active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse.

NRS 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [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 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [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 622.530 Regulatory body to adopt regulations for license by endorsement for qualified persons; restrictions; issuance of license by endorsement; conflicts with other license by endorsement provisions. [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 622.530 Regulatory body to adopt regulations for license by endorsement for qualified persons; restrictions; issuance of license by endorsement; conflicts with other license by endorsement provisions. [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.]

_________

GENERAL PROVISIONS

NRS 622.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622.020 to 622.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 1185, 3416)

NRS 622.020 “Immediate relative” defined. “Immediate relative” means:

1. A spouse.

2. A parent, by blood, marriage or adoption.

3. A child, by blood, marriage or adoption.

(Added to NRS by 2003, 1185)

NRS 622.030 “License” defined. “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

(Added to NRS by 2003, 1185, 3416)

NRS 622.040 “Licensee” defined. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

(Added to NRS by 2003, 1185, 3416)

NRS 622.050 “Member of a regulatory body” defined. “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.

(Added to NRS by 2003, 1185)

NRS 622.060 “Regulatory body” defined. “Regulatory body” means:

1. Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

2. Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

(Added to NRS by 2003, 1185, 3416; A 2005, 752; 2021, 1589)

REGULATORY DUTIES

NRS 622.080 Enforcement of provisions of title for protection and benefit of public. In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

(Added to NRS by 2003, 1185, 3417; A 2021, 1589)

1. Except as otherwise provided in chapters 624 and 648 of NRS, a regulatory body shall develop and implement a process by which a person with a criminal history may petition the regulatory body to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license from the regulatory body.

2. Not later than 90 days after a petition is submitted to a regulatory body pursuant to subsection 1, a regulatory body shall inform the person of the determination of the regulatory body of whether the person’s criminal history will disqualify the person from obtaining a license. A regulatory body is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

3. A regulatory body may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the regulatory body at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the regulatory body.

5. A person may submit a new petition to the regulatory body not earlier than 2 years after the final determination of the initial petition submitted to the regulatory body.

6. A regulatory body may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. A regulatory body may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. A regulatory body may post on its Internet website:

(a) The requirements to obtain a license from the regulatory body; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the regulatory body.

8. A regulatory body may request the criminal history record of a person who petitions the regulatory body for a determination pursuant to subsection 1. To the extent consistent with federal law, if the regulatory body makes such a request of a person, the regulatory body shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

9. A person who petitions a regulatory body for a determination pursuant to subsection 1 shall not submit false or misleading information to the regulatory body.

(Added to NRS by 2019, 2901)

1. A person who, in secondary or postsecondary education, completes a training program for occupational, vocational, career, trade or technical education approved by the State Board of Education and receives a certificate for the completion of that program is eligible to receive equivalent credit towards the satisfaction of requirements for the issuance of any license relating to the training received.

2. For a person to be eligible to receive equivalent credit pursuant to subsection 1, the secondary or postsecondary education received by the person pursuant to title 34 of NRS must be consistent with the requirements for the issuance of a license established pursuant to the provisions of this title and the regulations adopted pursuant thereto.

3. Any person aggrieved by a decision of a regulatory body concerning eligibility for equivalent credit pursuant to this section may appeal to the regulatory body for a determination of whether the training satisfies the requirements for a license. An appeal made pursuant to this subsection must be conducted as provided for the appeal of the denial of a license by that regulatory body.

4. Except as otherwise provided in a determination by the State Apprenticeship Council pursuant to NRS 610.175, participation in, completion of or receipt of a certificate for completion of a training program for occupational, vocational, career, trade or technical education as described in this section is not a substitute for participation in or completion of a program of training and instruction as an apprentice pursuant to chapter 610 of NRS.

5. Each regulatory body shall adopt regulations to effectuate the purposes of this section.

(Added to NRS by 2021, 2156)

NRS 622.090 Application of grading methodology included in examination to determine passage of examination. Notwithstanding the provisions of any specific statute to the contrary, if a regulatory body, in any testing authorized or required pursuant to this title or any regulations adopted pursuant thereto, uses or accepts a national or other examination which is produced or administered by an organization other than the regulatory body and which includes a methodology for determining the level of performance that constitutes a passing grade or score on the examination, the regulatory body shall apply that methodology in determining whether a person who took the examination achieved a passing grade or score.

(Added to NRS by 2007, 2939)

NRS 622.095 Creation of online resource for immigrants to provide information relating to licensure. Each regulatory body shall create an online resource for immigrants that provides information on how to obtain a license in this State to practice each occupation or profession which the regulatory body regulates.

(Added to NRS by 2019, 4362)

REPORTS

NRS 622.100 Quarterly reports of disciplinary actions and regulatory activities: Submission by regulatory bodies to Director of Legislative Counsel Bureau; duties of Director.

1. Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

(a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

(b) A report that includes:

(1) For the immediately preceding calendar quarter:

(I) The number of licenses issued by the regulatory body;

(II) The total number of applications for licensure received by the regulatory body;

(III) The number of applications rejected by the regulatory body as incomplete;

(IV) The average number of days between the date of rejection of an application as incomplete and the resubmission by the applicant of a complete application;

(V) A list of each reason given by the regulatory body for the denial of an application and the number of applications denied by the regulatory body for each such reason;

(VI) The number of applications reviewed on an individual basis by the regulatory body or the executive head of the regulatory body;

(VII) The number of petitions submitted to the regulatory body pursuant to NRS 622.085;

(VIII) The number of determinations of disqualification made by the regulatory body pursuant to NRS 622.085; and

(IX) The reasons for such determinations; and

(2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

2. The Director shall:

(a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

(b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

(c) Transmit a compilation of the information received pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

3. The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

(Added to NRS by 2001, 947; A 2003, 1186, 3418; 2007, 2939; 2009, 2940, 2941; 2017, 3513; 2019, 2902)

NRS 622.120 Annual report to Interagency Council on Veterans Affairs on military and veteran status of applicants for license required.

1. For the purposes of NRS 417.0194, a regulatory body shall collect information regarding the number of veterans and service members who have:

(a) Applied for a license from the regulatory body.

(b) Been issued a license by the regulatory body.

2. The form used by the regulatory body to collect information regarding whether an applicant for a license is a veteran or a service member, including, without limitation, a digital form posted on an Internet website, shall include the following questions:

(a) “Have you ever served on active duty in the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

(b) “Have you ever been assigned to duty for a minimum of 6 continuous years in the National Guard or a reserve component of the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

(c) “Have you ever served the Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States in the capacity of a commissioned officer while on active duty in defense of the United States and separated from such service under conditions other than dishonorable?”

3. As used in this section:

(a) “Service member” has the meaning ascribed to it in NRS 125C.0635.

(b) “Veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 2015, 3865; A 2017, 37, 2201)

ADMINISTRATION AND PERSONNEL

NRS 622.200 Provision of materials to and training of members regarding duties and responsibilities upon initial appointment; Attorney General authorized to charge for training.

1. As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

(a) A written summary of the duties and responsibilities of a member of the regulatory body; and

(b) Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218G.400, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

2. The Attorney General may, in accordance with the provisions of NRS 228.113, charge a regulatory body for all training provided pursuant to paragraph (b) of subsection 1.

(Added to NRS by 2003, 1185; A 2011, 368)

NRS 622.205 Conditions and limitations regarding members who are not licensees of regulatory body. A member of a regulatory body who is not a licensee of the regulatory body of which he or she is a member:

1. Shall reside in this State;

2. Must be a person of recognized ability and integrity;

3. Shall not have substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

4. Shall not have an immediate relative who has substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

5. Shall not be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of licensees of the regulatory body on which he or she serves; and

6. Must not be a registered lobbyist representing any interest or association relating to the practice of any occupation or profession that the regulatory body has the authority to regulate.

(Added to NRS by 2009, 871)

NRS 622.207 Limitation on tenure of members of regulatory bodies; exception.

1. Except as otherwise provided in subsection 2, notwithstanding any other provision of law, a person may not be appointed as a member of a regulatory body if the person has served as a member of that regulatory body, or at the expiration of his or her current term if he or she is so serving will have served, 12 years or more at the time of his or her appointment.

2. The provisions of subsection 1 do not apply to a person who has served as a member of a regulatory body which has less than 250 licensees.

(Added to NRS by 2017, 3512)

NRS 622.210 Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body. Except as otherwise provided in NRS 622.220, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.

(Added to NRS by 2003, 1186)

NRS 622.213 Contingency fee contract between regulatory body and attorney prohibited.

1. Notwithstanding the provisions of NRS 228.111 to 228.1118, inclusive, and any other provision of law, a regulatory body shall not employ, retain or otherwise contract with an attorney or law firm pursuant to a contingent fee contract.

2. As used in this section, “contingent fee contract” means a contract for legal services between a regulatory body and an attorney or law firm, pursuant to which the fee of the attorney or law firm is payable, in whole or in part, from any money recovered in a matter governed by the contract.

(Added to NRS by 2017, 3513)

1. Each regulatory body shall contribute to the Fund for Insurance Premiums as required by NRS 331.187.

2. If a regulatory body employs an attorney as legal counsel, the attorney may not be employed as legal counsel of another regulatory body.

3. If a regulatory body retains an attorney to act as legal counsel for the regulatory body as an independent contractor, the attorney:

(a) May contract with more than one regulatory body to act as legal counsel as an independent contractor.

(b) Shall obtain or otherwise carry, before acting as legal counsel for a regulatory body, a policy of professional liability insurance which insures the attorney against any liability arising from acting as legal counsel for the regulatory body.

(Added to NRS by 2017, 2843)

NRS 622.220 Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position. If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

1. Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position;

2. Must be a resident of this State;

3. Must not be employed by another regulatory body as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary; and

4. Must not be the immediate relative of:

(a) A member or employee of the regulatory body; or

(b) A licensee of the regulatory body.

(Added to NRS by 2003, 1186; A 2017, 2844)

NRS 622.230 Conditions and limitations regarding contracting with person to provide services as independent contractor. A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

1. A member or employee of the regulatory body; or

2. A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.

(Added to NRS by 2003, 1186)

NRS 622.233 Acceptance of credit cards, debit cards and electronic transfers of money: Prerequisites; fees for use.

1. A regulatory body may:

(a) Enter into a contract with an issuer of credit cards or debit cards or an operator of a system that provides for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the regulatory body for the payment of money owed to the regulatory body for a fee, fine or other assessment authorized by law; or

(b) Upon approval of the Director of the Office of Finance, participate in a contract entered into by the Director pursuant to NRS 353.1466.

2. If the issuer or operator charges the regulatory body a fee for each use of a credit card or debit card or for each electronic transfer of money, the regulatory body may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee. The total convenience fees charged by the regulatory body in a fiscal year must not exceed the total amount of fees charged to the regulatory body by the issuer or operator in that fiscal year.

3. As used in this section:

(a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

(b) “Convenience fee” means a fee paid by a cardholder or person requesting the electronic transfer of money to a regulatory body for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment.

(c) “Credit card” means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

(e) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

(f) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

(Added to NRS by 2019, 1303)

NRS 622.234 Written internal controls required concerning withdrawals of money deposited by regulatory body; regular reviews of expenditures; quarterly review of financial statements. If a regulatory body has established and deposited money in an account in a bank, credit union, savings and loan association or savings bank, the regulatory body must establish written internal controls with respect to any withdrawals from the account, which must include, without limitation:

1. A system by which two or more members of the regulatory body conduct regular reviews of the expenditures made by the regulatory body and the supporting documentation for such expenditures. Each member who participates in such a review shall prepare a signed and dated attestation regarding his or her participation, which the regulatory body shall retain for its records.

2. A requirement that the regulatory body conduct a quarterly review of its financial statements, including, without limitation, a schedule of its disbursements.

(Added to NRS by 2019, 1304)

NRS 622.235 Duty of Department of Administration to adopt regulations establishing standards for financial operation and administration of regulatory bodies and minimum level of professional liability insurance for independent contractor acting as legal counsel for regulatory body. The Department of Administration shall adopt regulations establishing standards for the financial operation and administration of regulatory bodies. The regulations must include, without limitation, provisions which establish the minimum level of professional liability insurance that an attorney who contracts with a regulatory body to act as legal counsel must carry pursuant to subsection 3 of NRS 622.215.

(Added to NRS by 2017, 2844)

REGULATORY PROCEEDINGS; RECORDS

1. The Legislature hereby finds and declares that:

(a) It is in the best interests of this State to make full use of the skills and talents of every resident of this State.

(b) It is the public policy of this State that each resident of this State, regardless of his or her immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate or permit pursuant to 8 U.S.C. § 1621(d).

2. Notwithstanding any other provision of this title, a regulatory body shall not deny the application of a person for the issuance of a license pursuant to this title based solely on his or her immigration or citizenship status.

3. Notwithstanding the provisions of NRS 623.225, 623A.185, 624.268, 625.387, 625A.105, 628.0345, 628B.320, 630.197, 630A.246, 631.225, 632.3446, 633.307, 634.095, 634A.115, 634B.240, 635.056, 636.159, 637.113, 637B.166, 638.103, 639.129, 640.095, 640A.145, 640B.340, 640C.430, 640D.120, 640E.200, 641.175, 641A.215, 641B.206, 641C.280, 641D.330, 642.0195, 643.095, 644A.485, 645.358, 645A.025, 645B.023, 645B.420, 645C.295, 645C.655, 645D.195, 645G.110, 645H.550, 648.085, 649.233, 652.075, 653.550, 654.145, 655.075 and 656.155, an applicant for a license who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license.

4. A regulatory body shall not disclose to any person who is not employed by the regulatory body the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

(a) Tax purposes;

(b) Licensing purposes; and

5. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.

(Added to NRS by 2019, 4256; A 2021, 1589; 2023, 1670)

NRS 622.240 Application for renewal of license: Information concerning state business license required; conditions which require denial.

1. In addition to any other requirements set forth in this title, an applicant for the renewal of a license shall indicate in the application submitted to the regulatory body whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A regulatory body may not renew a license if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the regulatory body pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

(3) Demonstrated that the debt is not valid.

3. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020.

(b) “Debt” has the meaning ascribed to it in NRS 353C.040.

(Added to NRS by 2013, 2745)

NRS 622.300 Duty of licensee to disclose certain information regarding immediate relatives. If a licensee of a regulatory body appears before the regulatory body concerning any matter that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his or her knowledge, whether an immediate relative of the licensee:

1. Is employed by the regulatory body; or

2. Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.

(Added to NRS by 2003, 1186)

NRS 622.310 Certain medical information and records protected from disclosure.

1. If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply:

(a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

(b) To any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board. Such information must be kept confidential by the licensing board in whose possession the information is held.

2. As used in this section, “licensing board” has the meaning ascribed to it in NRS 644A.880.

(Added to NRS by 2003, 3417; A 2013, 2214; 2021, 1590)

NRS 622.315 Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

1. Any regulatory body may share information in its possession relating to public health concerns with any other regulatory body and with the Division of Public and Behavioral Health of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

2. Any regulatory body may conduct a joint investigation with the Division of Public and Behavioral Health if either of them so requests and the regulatory body and the Division agree that each of them will benefit from conducting a joint investigation.

(Added to NRS by 2009, 870)

NRS 622.320 Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.

1. The provisions of NRS 241.020 do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee, unless the licensee requests that the proceedings be conducted pursuant to those provisions.

2. If the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to the provisions of NRS 241.020.

(Added to NRS by 2003, 3417)

NRS 622.330 Consent and settlement agreements: Conditions for entry; deemed public records; exceptions.

1. Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

2. A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

(a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

(1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

(2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

(b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

3. If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

4. The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of an alcohol or other substance use disorder.

(Added to NRS by 2003, 3417; A 2021, 1590)

NRS 622.340 Requirements for meetings conducted by audio or video teleconference.

1. Except as otherwise provided in NRS 622.330, notice of a meeting of a regulatory body, as required pursuant to NRS 241.020, must indicate whether the meeting will be conducted by an audio or video teleconference at one or more locations.

2. If a regulatory body conducts a meeting by an audio or video teleconference at a location specified in the notice pursuant to subsection 1, the regulatory body shall allow any person present at that location to participate in the meeting.

3. The provisions of this section do not prohibit a regulatory body from holding a closed meeting or preventing a person from participating in a meeting in accordance with chapter 241 of NRS.

(Added to NRS by 2005, 2698)

NRS 622.350 Certain meetings conducted outside State prohibited.

1. A regulatory body shall not hold a meeting at a location that is outside this State if:

(a) The meeting is subject to the provisions of chapter 241 of NRS; and

(b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title.

2. The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.

(Added to NRS by 2005, 2697; A 2021, 1590)

NRS 622.360 Disciplinary proceedings: Authority to require licensee to submit fingerprints; additional grounds for disciplinary action; supplemental provision.

1. If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the regulatory body may require the licensee to submit to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

2. The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

3. A regulatory body has an additional ground for taking disciplinary action against the licensee if:

(a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and

(b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

4. To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

(Added to NRS by 2005, 2698; A 2015, 711; 2021, 1591)

ATTORNEY’S FEES AND COSTS

NRS 622.400 Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

1. Except as otherwise provided in this section, a regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

(a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

(b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

2. A regulatory body may not recover any attorney’s fees and costs pursuant to subsection 1 from a person who was subject to an investigative, administrative or disciplinary proceeding of the regulatory body unless the regulatory body submits an itemized statement of the fees and costs to the person.

3. As used in this section, “costs” means:

(a) Costs of an investigation.

(b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

(d) Fees for expert witnesses and other witnesses at any depositions or hearings.

(e) Fees for necessary interpreters at any depositions or hearings.

(f) Fees for service and delivery of process and subpoenas.

(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

(Added to NRS by 2003, 3417; A 2019, 540, 981; 2021, 1591)

NRS 622.410 Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions. A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

1. The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

2. The court determines that the regulatory body is the prevailing party in the action.

(Added to NRS by 2003, 3418; A 2021, 1592)

SPECIAL CATEGORIES OF LICENSES

NRS 622.500 “Veteran” defined. As used in NRS 622.510 and 622.520, unless the context otherwise requires, “veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 2015, 3865)

NRS 622.510 Regulatory body to develop opportunities for reciprocity for qualified active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse. A regulatory body shall develop opportunities for reciprocity of licensure for any person who:

1. 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; and

2. Holds a valid and unrestricted license to practice his or her profession that is not recognized by this State.

(Added to NRS by 2015, 3865)

1. A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641D, inclusive, 644A or 653 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

(b) Regulating the practice of such a person.

2. A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

(a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

(b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

3. A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

(a) Has an active license to practice his or her profession in another state or territory of the United States.

(b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

(d) Has not been refused a license to practice in any state or territory of the United States for any reason.

(e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

(g) Submits to the applicable regulatory body the statement required by NRS 425.520.

4. If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Joint Interim Standing Committee on Health and Human Services in even-numbered years.

(Added to NRS by 2015, 3865; A 2019, 2733; 2021, 1592; 2023, 1671)

(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

(b) Regulating the practice of such a person.

2. A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

(a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

3. A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

(a) Has an active license to practice his or her profession in another state or territory of the United States.

(d) Has not been refused a license to practice in any state or territory of the United States for any reason.

(e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

(Added to NRS by 2015, 3865; A 2015, 3922; 2019, 2733; 2021, 1592; 2023, 1671, 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)

1. Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:

(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

2. The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:

(a) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;

(b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

(c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

(d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

(e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State;

(g) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and

(h) Submits to the regulatory body the statement required by NRS 425.520.

3. A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

(a) Proof satisfactory to the regulatory body that the applicant:

(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

(2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;

(3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicant’s existing licensure for the period determined by the regulatory body preceding the date of the application; and

(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

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

4. Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:

(a) Sixty days after receiving the application;

(b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicant’s background based on the submission of the applicant’s fingerprints, 15 days after the regulatory body receives the report; or

(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

5. A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.

6. A regulatory body may deny an application for licensure by endorsement if:

(a) An applicant willfully fails to comply with the provisions of paragraph (g) of subsection 2; or

(b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.

7. The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.

(Added to NRS by 2017, 3510; A 2019, 4257)

NRS 622.530 Regulatory body to adopt regulations for license by endorsement for qualified persons; restrictions; issuance of license by endorsement; conflicts with other license by endorsement provisions. [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.]

(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

(b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

(c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

(d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

(e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State; and

3. A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

(a) Proof satisfactory to the regulatory body that the applicant:

(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

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

(a) Sixty days after receiving the application;

(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

6. A regulatory body may deny an application for licensure by endorsement if:

(a) An applicant willfully fails to comply with the provisions of paragraph (g) of subsection 2; or

(Added to NRS by 2017, 3510, 3514; A 2019, 4257, 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)