[Rev. 6/29/2024 4:45:26 PM--2023]

CHAPTER 632 - NURSING

GENERAL PROVISIONS

NRS 632.005           Legislative declaration.

NRS 632.010           Definitions.

NRS 632.011           “Accredited school of nursing” defined.

NRS 632.0112         “Accredited school of practical nursing” defined.

NRS 632.0114         “Accredited school of professional nursing” defined.

NRS 632.012           “Advanced practice registered nurse” defined.

NRS 632.0125         “Agency to provide nursing in the home” defined.

NRS 632.0126         “Approved school of nursing” defined.

NRS 632.01262       “Approved school of practical nursing” defined.

NRS 632.01264       “Approved school of professional nursing” defined.

NRS 632.01265       “Authorized medications” defined.

NRS 632.0127         “Basic nursing services” defined.

NRS 632.013           “Board” defined.

NRS 632.0135         “Certificate” defined.

NRS 632.014           “Certified registered nurse anesthetist” defined.

NRS 632.0143         “Dermal or soft tissue filler” defined.

NRS 632.0145         “Designated facility” defined.

NRS 632.015           “Emergency” defined.

NRS 632.0155         “Facility for long-term care” defined.

NRS 632.016           “Licensed practical nurse” defined.

NRS 632.0162         “Licensee” defined.

NRS 632.0164         “Medical facility” defined.

NRS 632.0165         “Medication aide - certified” defined.

NRS 632.0166         “Nursing assistant” defined.

NRS 632.0168         “Nursing assistant trainee” defined.

NRS 632.0169         “Practice of nursing” defined.

NRS 632.017           “Practice of practical nursing” defined.

NRS 632.018           “Practice of professional nursing” defined.

NRS 632.019           “Registered nurse” defined.

NRS 632.0193         “Screening, brief intervention and referral to treatment approach” defined.

NRS 632.0195         “System for the delivery of health care” defined.

NRS 632.01955       Applicability of chapter.

STATE BOARD OF NURSING

NRS 632.020           Creation; number of members.

NRS 632.030           Members: Qualifications; appointment; terms; vacancies.

NRS 632.040           Time for filling vacancies.

NRS 632.050           Removal of member.

NRS 632.060           Officers; Executive Director.

NRS 632.065           Offices and employees of Board.

NRS 632.068           Limitations on liability of members, employees and agents of Board.

NRS 632.070           Meetings; examinations; quorum.

NRS 632.072           Advisory Committee on Nursing Assistants and Medication Aides: Creation; appointment; duties.

NRS 632.073           Authority to appoint advisory committees; reimbursement of members for actual expenses.

NRS 632.080           Compensation of members; per diem allowances and travel expenses of members and employees; payment from money of Board.

NRS 632.085           Fiscal year.

NRS 632.090           Deposit and use of money; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or costs of investigation.

NRS 632.100           Records and publications of Board.

NRS 632.120           Duties; regulations; additional fees.

NRS 632.121           Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events; confidentiality of information.

NRS 632.122           Acceptance of gifts, grants and payments; contracts.

NRS 632.125           Hospitals and agencies employing nurses, nursing assistants or medication aides - certified required to submit list of such personnel to Board; confidentiality of list; medical facilities required to confirm qualifications with Board before employment of nursing assistant, nursing assistant trainee or medication aide - certified.

NRS 632.126           Inspection of premises by Board.

NRS 632.127           Board required to supply list of approved training programs to Division of Public and Behavioral Health of the Department of Health and Human Services upon request; Board required to share information with state agency concerning disciplinary action against nursing assistants or medication aides - certified employed in agency’s facilities.

PROFESSIONAL NURSING

NRS 632.140           Qualifications and fee for applicants for license.

NRS 632.150           Examination of applicants and issuance of licenses.

NRS 632.160           Admission to practice without examination.

NRS 632.161           Expedited license by endorsement: Requirements; procedure for issuance.

NRS 632.162           Expedited license by endorsement to practice as professional nurse 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 632.170           Validity of licenses or certificates of registration issued on or before July 1, 1947.

NRS 632.235           Authorized acts under emergency or special conditions; regulations.

NRS 632.237           Advanced practice registered nurse: Qualifications; issuance of license; scope of practice; regulations; exceptions.

NRS 632.2375         Advanced practice registered nurse: Training relating to persons with substance use or other addictive disorders and prescribing of opioids if registered to dispense controlled substances; exemption for one licensure period for certain registration; regulations.

NRS 632.238           Advanced practice registered nurse: Authority of Board to require maintenance of professional liability insurance.

NRS 632.2383         Advanced practice registered nurse: Duty to counsel and provide certain information to patient diagnosed as having opioid use disorder; duty if patient requests medication-assisted treatment.

NRS 632.2385         Advanced practice registered nurse: Inquiry into and documentation of veteran status of new adult patients; provision of contact information for Department of Veterans Services; authority of Board to ask applicant for renewal regarding performance of such actions.

NRS 632.239           Advanced practice registered nurse: Authority to issue order for school or authorized entity to obtain and maintain auto-injectable epinephrine; immunity from liability.

NRS 632.2395         Certified registered nurse anesthetist: Qualifications; issuance of certificate; regulations.

NRS 632.2397         Certified registered nurse anesthetist: Authorized practice; prohibited acts.

NRS 632.240           System for delivery of health care: Nursing services must be supervised by chief administrative nurse.

PRACTICAL NURSING

NRS 632.270           Qualifications of applicant for license; regulations.

NRS 632.280           Issuance of license; admission without examination.

NRS 632.281           Expedited license by endorsement: Requirements; procedure for issuance.

NRS 632.282           Expedited license by endorsement 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.

NURSING ASSISTANTS

NRS 632.285           Practicing or offering to practice without certificate unlawful; enforcement.

NRS 632.2852         Qualifications of applicant for certificate; certification by examination or by endorsement; issuance of certificate.

NRS 632.2856         Training programs; tests; regulations.

NRS 632.2858         Examination of applicants.

MEDICATION AIDES - CERTIFIED

NRS 632.291           Practicing or offering to practice without certificate unlawful; enforcement.

NRS 632.292           Qualifications of applicant for certificate; certification by endorsement; issuance of certificate.

NRS 632.293           Designation of types of medical facilities that may employ medication aides - certified; notice; regulations.

NRS 632.294           Authorized services that may be provided by medication aide - certified; restrictions on scope of practice; regulations by Board regarding scope of practice.

NRS 632.296           Unlawful acts.

LICENSES AND CERTIFICATES GENERALLY; FEES

NRS 632.300           Temporary license or certificate.

NRS 632.305           Interim permit; regulations.

NRS 632.307           Nondisciplinary condition, limitation or restriction placed on license or certificate by Board.

NRS 632.310           Investigation of actions of licensee or holder of certificate by Board or Executive Director; authority of Board to request from employer complete name and work assignments of licensee, nursing assistant or medication aide - certified under investigation by Board; retention of complaints.

NRS 632.315           Practicing or offering to practice nursing without license unlawful; enforcement.

NRS 632.316           Exemptions from provisions requiring licensure.

NRS 632.330           Regulations concerning reissuance of license or certificate after revocation.

NRS 632.3405         Board prohibited from issuing or renewing license unless applicant attests to knowledge of and compliance with certain guidelines related to safe and appropriate injection practices.

NRS 632.341           Renewal and reinstatement of license; transfer to inactive list; issuance of temporary license.

NRS 632.3415         Renewal of license as registered nurse: Duty of Board to require applicant to report receipt of training in treatment of mental and emotional trauma and willingness to respond during emergency or disaster; maintenance and provision of related lists of names by Board; failure of applicant to comply not ground for denial; confidentiality of information.

NRS 632.342           Renewal of certificate.

NRS 632.3423         Renewal of license or certificate: Duty 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 632.3425         Renewal of suspended license or certificate.

NRS 632.343           Renewal of license: Completion of program of continuing education required; exemption; review of courses by Board; required and recommended courses.

NRS 632.344           Applicant for license or certificate required to submit set of fingerprints to Board.

NRS 632.3446         Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; 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 632.3446         Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; 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 632.345           Fees.

DISCIPLINARY AND OTHER ACTIONS

NRS 632.347           Grounds for denial, revocation or suspension of license or certificate or other disciplinary action. [Effective through June 30, 2027.]

NRS 632.347           Grounds for denial, revocation or suspension of license or certificate or other disciplinary action. [Effective July 1, 2027.]

NRS 632.348           Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [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 632.349           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 632.350           Filing of administrative complaint and service of notice required; right to obtain certain documents in possession of Board; hearing.

NRS 632.352           Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for advanced practice registered nurses regarding relevant law.

NRS 632.353           Summary suspension of licensee’s authority to prescribe, administer or dispense certain controlled substances; issuance of order; formal hearing and decision.

NRS 632.355           Delegation of authority to conduct hearing concerning discipline of licensee or holder of certificate.

NRS 632.360           Issuance of subpoenas; service of process.

NRS 632.380           Depositions of witnesses.

NRS 632.390           Power of district court to compel attendance of witness and production of books and papers.

NRS 632.400           Time for rendering decision; notice of decision required; effective date of decision.

NRS 632.405           Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; exceptions.

NURSING SCHOOLS

NRS 632.430           Schools of practical nursing: Standards and curricula; approval by Board; removal from approved list for just cause.

NRS 632.440           Schools and courses of professional nursing: Standards and curricula; surveys; approval by Board.

NRS 632.460           Schools of professional nursing: Survey and written report required before approval.

NRS 632.470           Schools of professional nursing: Periodic survey of approved schools; acceptance of survey from nationally recognized association; reports and recommendations; notice of deficiencies; effect of failure to remedy deficiencies.

NRS 632.4705         Schools of practical nursing or professional nursing: Ratio of faculty members to students for course providing clinical training.

MISCELLANEOUS PROVISIONS

NRS 632.472           Persons required to report on conduct constituting violation of licensees or holders of certificates; voluntary reports; immunity from civil liability.

NRS 632.4725         Employer of licensee, nursing assistant or medication aide - certified required to prepare and maintain record of work assignments.

NRS 632.473           Treatment of patients by nurse employed by Department of Corrections.

NRS 632.474           Pronouncement of death by registered nurse.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 632.475           Unlawful to require participation in abortion; penalty.

NRS 632.477           Identification including surname of licensee prohibited.

NRS 632.480           Injunctive relief against violations of chapter.

NRS 632.490           Prosecution of violators.

NRS 632.495           Citations.

NRS 632.500           Penalties.

_________

 

GENERAL PROVISIONS

      NRS 632.005  Legislative declaration.  The Legislature hereby declares that the practice of nursing is a learned profession affecting the safety, health and welfare of the public and is subject to regulation to protect the public from the practice of nursing by unqualified and unlicensed persons and from unprofessional conduct by persons licensed to practice nursing. The Legislature further declares that the purpose of the State Board of Nursing is to regulate the practice of nursing and to enforce the provisions of this chapter.

      (Added to NRS by 1995, 1648)

      NRS 632.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.0195, inclusive, have the meanings ascribed to them in those sections.

      [2:256:1947; A 1949, 536; 1943 NCL § 4756.02] + [2:154:1949; 1943 NCL § 4759.02]—(NRS A 1963, 608; 1973, 522; 1977, 189; 1979, 1870; 1987, 1526; 1989, 2013, 2050; 1999, 1324; 2003, 336; 2011, 1326; 2017, 1257; 2021, 390)

      NRS 632.011  “Accredited school of nursing” defined.  “Accredited school of nursing” means a school of nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit schools of nursing in the state in which the school is located.

      (Added to NRS by 1987, 1524; A 1999, 1324; 2003, 336)

      NRS 632.0112  “Accredited school of practical nursing” defined.  “Accredited school of practical nursing” means a school of practical nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit schools of practical nursing in the state in which the school is located.

      (Added to NRS by 2003, 335)

      NRS 632.0114  “Accredited school of professional nursing” defined.  “Accredited school of professional nursing” means a school of professional nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit schools of professional nursing in the state in which the school is located.

      (Added to NRS by 2003, 336)

      NRS 632.012  “Advanced practice registered nurse” defined.  “Advanced practice registered nurse” means a registered nurse who:

      1.  Has specialized skills, knowledge and experience; and

      2.  Is licensed by the Board to provide services in addition to those that other registered nurses are authorized to provide.

      (Added to NRS by 1987, 1524; A 1991, 790; 2013, 2071)

      NRS 632.0125  “Agency to provide nursing in the home” defined.  “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015.

      (Added to NRS by 1989, 2007)

      NRS 632.0126  “Approved school of nursing” defined.  “Approved school of nursing” means a school of nursing that is approved by the Board as meeting the standards for nursing education established by the Board pursuant to NRS 632.430 to 632.4705, inclusive.

      (Added to NRS by 1999, 1324; A 2007, 1827; 2023, 193)

      NRS 632.01262  “Approved school of practical nursing” defined.  “Approved school of practical nursing” means a school of practical nursing that is approved by the Board as meeting the standards for practical nursing education established by the Board pursuant to NRS 632.430.

      (Added to NRS by 2003, 336)

      NRS 632.01264  “Approved school of professional nursing” defined.  “Approved school of professional nursing” means a school of professional nursing that is approved by the Board as meeting the standards for professional nursing education established by the Board pursuant to NRS 632.440 to 632.4705, inclusive.

      (Added to NRS by 2003, 336; A 2023, 193)

      NRS 632.01265  “Authorized medications” defined.  “Authorized medications” means all prescription and nonprescription drugs and medications other than controlled substances.

      (Added to NRS by 2011, 1324)

      NRS 632.0127  “Basic nursing services” defined.  “Basic nursing services” means the performance of acts designated by the Board which are within the practice of nursing under the direction of a registered nurse or a licensed practical nurse that do not require the substantial specialized skill, judgment and knowledge required of a registered nurse or licensed practical nurse.

      (Added to NRS by 1989, 2007)

      NRS 632.013  “Board” defined.  “Board” means the State Board of Nursing.

      (Added to NRS by 1987, 1524)

      NRS 632.0135  “Certificate” defined.  “Certificate” means a document which authorizes a person to practice as a nursing assistant or medication aide - certified.

      (Added to NRS by 1989, 2007; A 2011, 1326)

      NRS 632.014  “Certified registered nurse anesthetist” defined.  “Certified registered nurse anesthetist” means a registered nurse who is certified by the Board pursuant to NRS 632.2395 to administer anesthetic agents to a person under the care of a licensed physician, a licensed dentist or a licensed podiatric physician.

      (Added to NRS by 1987, 1524; A 1993, 2217; 2023, 1445)

      NRS 632.0143  “Dermal or soft tissue filler” defined.  “Dermal or soft tissue filler” has the meaning ascribed to it in NRS 629.086.

      (Added to NRS by 2017, 1257)

      NRS 632.0145  “Designated facility” defined.  “Designated facility” means a medical facility designated by the Board as a facility in which medication aides - certified may practice.

      (Added to NRS by 2011, 1324)

      NRS 632.015  “Emergency” defined.  “Emergency” means an unforeseen combination of circumstances calling for immediate action.

      (Added to NRS by 1987, 1525)

      NRS 632.0155  “Facility for long-term care” defined.  “Facility for long-term care” means a facility for intermediate care, as defined in NRS 449.0038, or a facility for skilled nursing, as defined in NRS 449.0039.

      (Added to NRS by 1989, 2007)

      NRS 632.016  “Licensed practical nurse” defined.  “Licensed practical nurse” means a person who is licensed to practice practical nursing as provided in this chapter.

      (Added to NRS by 1987, 1525)

      NRS 632.0162  “Licensee” defined.  “Licensee” means a person licensed pursuant to this chapter.

      (Added to NRS by 1989, 2050)

      NRS 632.0164  “Medical facility” defined.  “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (Added to NRS by 1989, 2008)

      NRS 632.0165  “Medication aide - certified” defined.  “Medication aide - certified” means a nursing assistant who is certified by the Board to administer authorized medications in designated facilities.

      (Added to NRS by 2011, 1324)

      NRS 632.0166  “Nursing assistant” defined.

      1.  “Nursing assistant” means a person who, under the direction of a licensed nurse, performs basic restorative services and basic nursing services which are directed at the safety, comfort, personal hygiene, basic mental health and protection of patients and the protection of the rights of patients.

      2.  The term does not include a person who is employed by this State or under contract with this State to provide, or assist in the provision of, personal care of other persons if he or she does not primarily perform acts that are within the authorized scope of practice of a nursing assistant.

      (Added to NRS by 1989, 2008; A 1997, 922; 1999, 1324)

      NRS 632.0168  “Nursing assistant trainee” defined.  “Nursing assistant trainee” means a person who is:

      1.  Enrolled in a training program required for certification as a nursing assistant; or

      2.  Awaiting the results of a certification examination.

      (Added to NRS by 1989, 2008)

      NRS 632.0169  “Practice of nursing” defined.  “Practice of nursing” means the general observation, diagnosis and treatment of changes in a person’s health. The term does not include acts of medical diagnosis or prescription of therapeutic or corrective measures, except as authorized by specific statute.

      (Added to NRS by 1989, 2050)

      NRS 632.017  “Practice of practical nursing” defined.  “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practice registered nurse, a licensed physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      (Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 1, 792; 2007, 1828; 2013, 2071)

      NRS 632.018  “Practice of professional nursing” defined.  “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practice registered nurse, a licensed physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

      (Added to NRS by 1987, 1525; A 1993, 2218; 1999, 1325; 2001, 2, 792; 2007, 1828; 2013, 2071)

      NRS 632.019  “Registered nurse” defined.  “Registered nurse” means a person who is licensed to practice professional nursing.

      (Added to NRS by 1987, 1524)

      NRS 632.0193  “Screening, brief intervention and referral to treatment approach” defined.  “Screening, brief intervention and referral to treatment approach” means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:

      1.  Screening to assess the severity of substance use and identify the appropriate level of treatment;

      2.  Brief intervention to increase awareness of the person’s substance use and motivation to change his or her behavior; and

      3.  Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.

      (Added to NRS by 2021, 390)

      NRS 632.0195  “System for the delivery of health care” defined.  “System for the delivery of health care” means a licensed medical facility, as defined in NRS 449.0151, or other organization that provides organized nursing services.

      (Added to NRS by 1999, 1324)

      NRS 632.01955  Applicability of chapter.

      1.  Except as otherwise provided in NRS 632.472, this chapter does not apply to any person permitted to practice any other healing art under this title who does so within the scope of that authority.

      2.  As used in this section, “healing art” has the meaning ascribed to it in NRS 630.0122.

      (Added to NRS by 2023, 1444)

STATE BOARD OF NURSING

      NRS 632.020  Creation; number of members.  The State Board of Nursing, consisting of seven members appointed by the Governor, is hereby created.

      [Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 609; 1973, 523; 1977, 1251)

      NRS 632.030  Members: Qualifications; appointment; terms; vacancies.

      1.  The Governor shall appoint:

      (a) Two registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

      (b) One advanced practice registered nurse who is licensed pursuant to NRS 632.237.

      (c) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.

      (d) One nursing assistant who is certified pursuant to the provisions of this chapter.

      (e) One registered nurse who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care and who is licensed under the provisions of this chapter.

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

             (1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse.

      2.  Each member of the Board must be:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada who has resided in this State for not less than 2 years.

      3.  A representative of the general public may not:

      (a) Have a fiduciary obligation to a hospital or other health agency;

      (b) Have a material financial interest in the rendering of health services; or

      (c) Be employed in the administration of health activities or the performance of health services.

      4.  The members appointed to the Board pursuant to paragraphs (a), (b) and (c) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:

      (a) In administration.

      (b) In education.

      (c) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.

      (d) In a licensed medical facility.

      5.  Each member of the Board shall serve a term of 4 years. 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.

      [Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 609; 1973, 523; 1977, 1251; 1983, 256; 1995, 1649; 2003, 1191; 2007, 1828; 2013, 2071; 2021, 475)

      NRS 632.040  Time for filling vacancies.  All appointments to the Board must be made by the Governor within 60 days from the time a vacancy occurs.

      [Part 3:256:1947; 1943 NCL § 4756.03]—(NRS A 1963, 610; 1977, 1252; 1981, 525)

      NRS 632.050  Removal of member.  The prevailing laws of the State of Nevada controlling the removal from office of public officials shall be applicable to the removal of any member of the Board during his or her term of office.

      [4:256:1947; 1943 NCL § 4756.04]

      NRS 632.060  Officers; Executive Director.

      1.  Each year at a meeting of the Board, to be held in accordance with NRS 632.070, the Board shall elect from its members a President, a Vice President and a Secretary.

      2.  The Board may appoint an Executive Director who need not be a member of the Board. The Executive Director appointed by the Board must be a professional nurse licensed to practice nursing in the State of Nevada. The Executive Director shall perform such duties as the Board may direct and is entitled to receive compensation as set by the Board. The Executive Director is entitled to receive 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.

      [Part 5:256:1947; A 1955, 608]—(NRS A 1963, 150, 610; 1971, 224; 1983, 256; 1989, 1697; 1991, 318)

      NRS 632.065  Offices and employees of Board.  The Board may:

      1.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      2.  Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (Added to NRS by 1963, 150)

      NRS 632.068  Limitations on liability of members, employees and agents of Board.  A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

      (Added to NRS by 1999, 1324)

      NRS 632.070  Meetings; examinations; quorum.

      1.  The Board shall meet at least three times a year at approximately 4-month intervals for the purpose of transacting such business as may properly come before the Board.

      2.  The Board shall hold not less than one examination each year at such times and places as the Board may determine.

      3.  Special meetings of the Board may be held on the call of the President or upon the call of any three members. A written notice of the time, place and object of any special meeting must be mailed by the Executive Director to all members of the Board who are not parties to the call at least 15 days prior to the day of such meeting.

      4.  A majority of the Board constitutes a quorum at any meeting.

      [Part 5:256:1947; A 1955, 608]—(NRS A 1963, 611; 1973, 524; 1983, 257)

      NRS 632.072  Advisory Committee on Nursing Assistants and Medication Aides: Creation; appointment; duties.

      1.  The Advisory Committee on Nursing Assistants and Medication Aides, consisting of 11 members appointed by the Board, is hereby created.

      2.  The Board shall appoint to the Advisory Committee:

      (a) One representative of facilities for long-term care;

      (b) One representative of medical facilities which provide acute care;

      (c) One representative of agencies to provide nursing in the home;

      (d) One representative of the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (e) One representative of the Division of Health Care Financing and Policy of the Department of Health and Human Services;

      (f) One representative of the Aging and Disability Services Division of the Department of Health and Human Services;

      (g) One representative of the American Association of Retired Persons or a similar organization;

      (h) A nursing assistant;

      (i) A registered nurse;

      (j) A licensed practical nurse; and

      (k) A medication aide - certified.

      3.  The Advisory Committee shall advise the Board with regard to matters relating to nursing assistants and medication aides - certified.

      (Added to NRS by 1989, 2008; A 1999, 2239; 2011, 1326)

      NRS 632.073  Authority to appoint advisory committees; reimbursement of members for actual expenses.

      1.  In addition to the Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072, the Board may appoint such other advisory committees as it deems appropriate.

      2.  The members of any advisory committee appointed pursuant to subsection 1 are not entitled to be paid a salary or to receive per diem allowances for conducting the business of the advisory committee, but the Board may authorize reimbursement for the actual expenses incurred by a member for traveling to and from a meeting of the advisory committee.

      (Added to NRS by 1995, 1649; A 2011, 1326)

      NRS 632.080  Compensation of members; per diem allowances and travel expenses of members and employees; payment from money of Board.

      1.  The compensation of the members of the Board must be fixed by the Board, but may not exceed $150 for each day spent by each member in the discharge of his or her official duties.

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

      3.  All compensation, per diem allowances and travel expenses of the members and employees of the Board must be paid out of the money of the Board.

      [Part 5:256:1947; A 1955, 608]—(NRS A 1963, 151, 611; 1971, 224; 1975, 303; 1979, 719; 1981, 1992; 1985, 444; 1989, 1698; 1999, 1325; 2007, 2946)

      NRS 632.085  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1963, 150)

      NRS 632.090  Deposit and use of money; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or costs of investigation.

      1.  Except as otherwise provided in subsection 3, all money received by the Board under the provisions of this chapter must be paid to the Executive Director of the Board, who shall deposit the money in banks, credit unions, savings and loan associations or savings banks in the State of Nevada. The money may be drawn on by the Board for payment of all expenses incurred in the administration of the provisions of this chapter.

      2.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.

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

      [14:256:1947; 1943 NCL § 4756.14]—(NRS A 1963, 151, 611; 1969, 66; 1983, 257; 1993, 885; 1999, 1532)

      NRS 632.100  Records and publications of Board.

      1.  The Board shall make and keep a complete record of all its proceedings, including, without limitation:

      (a) A file of all applications for licenses and certificates under this chapter, together with the action of the Board upon each application;

      (b) A register of all nurses licensed and all nursing assistants certified in this State; and

      (c) Documentation of any disciplinary action taken by the Board against a licensee or holder of a certificate.

      2.  The Board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing has been had, or in which the licensee or holder of a certificate charged has made no defense.

      3.  At least semiannually, the Board shall publish a list of the names of all applicants whose applications were denied within the immediately preceding year and all licensees and holders of certificates who were the subject of disciplinary action within the immediately preceding year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public.

      [Part 5:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547] + [Part 16:256:1947; A 1955, 608]—(NRS A 1963, 612; 1973, 524; 1979, 958; 1989, 2014; 1999, 1325)

      NRS 632.120  Duties; regulations; additional fees.

      1.  The Board shall:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant or medication aide - certified.

             (2) Of professional conduct for the practice of nursing.

             (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

             (4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to make the diagnoses, evaluations and examinations described in NRS 432B.6078, 432B.60816, 433A.162, 433A.240, 433A.335, 433A.390, 433A.430, 484C.300 and 484C.320 to 484C.350, inclusive, the certifications described in NRS 432B.6075, 432B.60814, 433A.170, 433A.195 and 433A.200 and the sworn statements or declarations described in NRS 433A.210 and 433A.335.

      (b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

      (c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.

      (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

      (e) Develop and disseminate annually to each registered nurse who cares for children information concerning the signs and symptoms of pediatric cancer.

      2.  The Board may adopt regulations establishing reasonable:

      (a) Qualifications for the issuance of a license or certificate under this chapter.

      (b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

      3.  The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

      (a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

      (b) Evaluating the professional competence of licensees or holders of a certificate;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the Board; and

      (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

      4.  For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

      5.  The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.

      6.  The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

      [Part 5:256:1947; A 1955, 608]—(NRS A 1985, 311; 1989, 2008, 2050; 1993, 1218; 1999, 1326; 2003, 336; 2011, 1327; 2015, 2994; 2017, 1738; 2019, 529, 1490; 2021, 3114; 2023, 2353)

      NRS 632.121  Board required to notify Division of Public and Behavioral Health of Department of Health and Human Services upon identification of certain sentinel events; confidentiality of information.

      1.  The Board shall immediately notify the Division of Public and Behavioral Health of the Department of Health and Human Services if the Board identifies a sentinel event which is required to be reported by a medical facility pursuant to NRS 439.835.

      2.  Except as otherwise provided in NRS 239.0115, any information provided to the Division of Public and Behavioral Health pursuant to this section relating to the identification of a sentinel event is confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      (Added to NRS by 2009, 3071)

      NRS 632.122  Acceptance of gifts, grants and payments; contracts.  The Board may:

      1.  Accept gifts or grants of money to pay for the costs of administering the provisions of this chapter.

      2.  Enter into contracts with other public agencies and accept payment from those agencies to pay the expenses incurred by the Board in carrying out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.

      (Added to NRS by 1989, 2008; A 2011, 1327)

      NRS 632.125  Hospitals and agencies employing nurses, nursing assistants or medication aides - certified required to submit list of such personnel to Board; confidentiality of list; medical facilities required to confirm qualifications with Board before employment of nursing assistant, nursing assistant trainee or medication aide - certified.

      1.  Each hospital or agency in the State employing professional or practical nurses, nursing assistants or medication aides - certified shall submit a list of such nursing personnel to the Board at least three times annually as directed by the Board. Except as otherwise provided in NRS 239.0115, each list submitted to the Board pursuant to this subsection is confidential.

      2.  A medical facility shall, before hiring a nursing assistant, nursing assistant trainee or medication aide - certified, obtain validation from the Board that the prospective employee has a current certificate, is enrolled in a training program required for certification or is awaiting the results of a certification examination.

      (Added to NRS by 1963, 610; A 1989, 2013, 2014; 2001, 623; 2007, 2135; 2011, 1328)

      NRS 632.126  Inspection of premises by Board.  Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices nursing or as a nursing assistant or medication aide - certified 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 nursing or as a nursing assistant or medication aide - certified without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 2013, 2221)

      NRS 632.127  Board required to supply list of approved training programs to Division of Public and Behavioral Health of the Department of Health and Human Services upon request; Board required to share information with state agency concerning disciplinary action against nursing assistants or medication aides - certified employed in agency’s facilities.

      1.  The Board shall supply the Division of Public and Behavioral Health of the Department of Health and Human Services upon request with a list of each training program approved by the Board.

      2.  The Board shall share with each state agency which regulates medical facilities and facilities for the dependent any information the Board receives concerning disciplinary action taken against nursing assistants or medication aides - certified who work in the facilities.

      (Added to NRS by 1989, 2013; A 2011, 1328)

PROFESSIONAL NURSING

      NRS 632.140  Qualifications and fee for applicants for license.  Except as otherwise provided in NRS 632.161 and 632.162:

      1.  Every applicant for a license to practice as a professional nurse in the State of Nevada must submit to the Board written evidence under oath that the applicant:

      (a) Is of good moral character.

      (b) Is in good physical and mental health.

      (c) Has completed a course of study in:

             (1) An accredited school of professional nursing and holds a diploma therefrom; or

             (2) An approved school of professional nursing in the process of obtaining accreditation and holds a diploma therefrom.

      (d) Meets such other reasonable preliminary qualification requirements as the Board may from time to time prescribe.

      2.  Each applicant must remit the fee required by this chapter with the application for a license to practice as a professional nurse in this State.

      [6:256:1947; A 1949, 536; 1943 NCL § 4756.06] + [Part 8:256:1947; A 1955, 608]—(NRS A 1963, 612; 1973, 525; 2003, 337; 2015, 3005, 3881)

      NRS 632.150  Examination of applicants and issuance of licenses.

      1.  Except as otherwise provided in NRS 632.160, 632.161, 632.162 and 632.237, each applicant who is otherwise qualified for a license to practice nursing as a professional nurse shall be required to write and pass an examination on such subjects and in such form as the Board may from time to time determine. Such written examination may be supplemented by an oral or practical examination in the discretion of the Board.

      2.  The Board shall issue a license to practice nursing as a professional nurse in the State of Nevada to each applicant who successfully passes such examination or examinations.

      [Part 7:256:1947; 1943 NCL § 4756.07]—(NRS A 2015, 3005, 3881)

      NRS 632.160  Admission to practice without examination.  The Board shall, without examination, issue a license to practice nursing as a professional nurse to any applicant who otherwise meets the qualifications required of professional nurses in this State and who has been duly licensed or registered as a registered nurse under the laws of any other jurisdiction after passing an examination required by that jurisdiction, if it appears to the Board that the requirements and scope of the required examination were at least equivalent to those prescribed by this chapter for examinations. If the applicant was trained as a nurse in a jurisdiction where English is not the prevalent language, the Board shall require that the applicant pass an examination testing the applicant’s proficiency in reading, writing and speaking English.

      [Part 7:256:1947; 1943 NCL § 4756.07] + [Part 8:256:1947; A 1955, 608]—(NRS A 1963, 613; 1973, 525; 1979, 434)

      NRS 632.161  Expedited license by endorsement: Requirements; procedure for issuance.

      1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a professional nurse 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 to practice as a professional nurse; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; 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 to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2015, 3003; A 2019, 4275)

      NRS 632.162  Expedited license by endorsement to practice as professional nurse for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States; and

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

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) 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 to practice as a professional nurse; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; 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 to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a professional nurse 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, 3879; A 2019, 4276)

      NRS 632.170  Validity of licenses or certificates of registration issued on or before July 1, 1947.  Each person holding a valid and subsisting license or certificate of registration to practice nursing as a registered nurse in this State on July 1, 1947, shall thereafter be deemed to be licensed as a professional nurse under the provisions of this chapter.

      [10:256:1947; 1943 NCL § 4756.10]

      NRS 632.235  Authorized acts under emergency or special conditions; regulations.  A registered nurse may perform such acts, under emergency or other special conditions prescribed by regulations adopted by the Board, which include special training, as are recognized by the medical and nursing professions as proper to be performed by a registered nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes registered nurses to perform those functions and duties specifically delegated by law to persons licensed as dentists, podiatric physicians, optometrists, naprapaths or chiropractic physicians.

      (Added to NRS by 1987, 1525; A 1993, 2218; 2023, 1677)

      NRS 632.237  Advanced practice registered nurse: Qualifications; issuance of license; scope of practice; regulations; exceptions.

      1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse:

      (a) Who is licensed by endorsement pursuant to NRS 632.161 or 632.162 and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

      (b) Who:

             (1) Has completed an educational program designed to prepare a registered nurse to:

                   (I) Perform designated acts of medical diagnosis;

                   (II) Prescribe therapeutic or corrective measures; and

                   (III) Prescribe controlled substances, poisons, dangerous drugs and devices;

             (2) Except as otherwise provided in subsection 7, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

             (3) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment;

      (b) Order home health care for a patient;

      (c) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices; and

      (d) Provide his or her signature, certification, stamp, verification or endorsement when a signature, certification, stamp, verification or endorsement by a physician is required, if providing such a signature, certification, stamp, verification or endorsement is within the authorized scope of practice of an advanced practice registered nurse.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in paragraphs (a), (b) and (c) of subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, as defined in NRS 629.515, from within or outside this State or the United States.

      5.  Nothing in paragraph (d) of subsection 2 shall be deemed to expand the scope of practice of an advanced practice registered nurse who provides his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      6.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse, including, without limitation, when an advanced practice registered nurse is qualified to provide his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      7.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      (Added to NRS by 1987, 1525; A 1991, 790; 2001, 407; 2011, 1004; 2013, 2015, 2016, 2072, 2073; 2015, 624, 3005, 3881; 2017, 1739; 2019, 147)

      NRS 632.2375  Advanced practice registered nurse: Training relating to persons with substance use or other addictive disorders and prescribing of opioids if registered to dispense controlled substances; exemption for one licensure period for certain registration; regulations.

      1.  The Board shall, by regulation, require each advanced practice registered nurse who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use or other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. An advanced practice registered nurse may use training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.

      2.  An advanced practice registered nurse who obtains a registration to treat opioid dependency with narcotic medications in accordance with the Drug Addiction Treatment Act of 2000, 21 U.S.C. §§ 823 et. seq., is exempt from the training required by subsection 1 for one period of licensure. An advanced practice registered nurse may use such registration to satisfy 4 hours of the total number of hours of continuing education required by NRS 632.343 during one period of licensure.

      (Added to NRS by 2015, 118; A 2017, 4418; 2021, 390)

      NRS 632.238  Advanced practice registered nurse: Authority of Board to require maintenance of professional liability insurance.  The Board may require an advanced practice registered nurse to maintain a policy of professional liability insurance in accordance with regulations adopted by the Board.

      (Added to NRS by 2013, 2071)

      NRS 632.2383  Advanced practice registered nurse: Duty to counsel and provide certain information to patient diagnosed as having opioid use disorder; duty if patient requests medication-assisted treatment.

      1.  Upon diagnosing a patient as having an opioid use disorder, an advanced practice registered nurse shall counsel and provide information to the patient concerning evidence-based treatment for opioid use disorders, including, without limitation, medication-assisted treatment.

      2.  If the patient requests medication-assisted treatment, the advanced practice registered nurse shall:

      (a) If the advanced practice registered nurse is authorized under federal and state law to issue such a prescription, offer to prescribe an appropriate medication; or

      (b) If the advanced practice registered nurse is not authorized under federal and state law to prescribe an appropriate medication, refer the patient to a physician, osteopathic physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse or pharmacist who is authorized to issue the prescription.

      3.  As used in this section, “medication-assisted treatment” has the meaning ascribed to it in NRS 639.28079.

      (Added to NRS by 2023, 2366)

      NRS 632.2385  Advanced practice registered nurse: Inquiry into and documentation of veteran status of new adult patients; provision of contact information for Department of Veterans Services; authority of Board to ask applicant for renewal regarding performance of such actions.

      1.  An advanced practice registered nurse may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

      2.  The Board may ask each applicant for the renewal of a license as an advanced practice registered nurse if the applicant performs the actions described in subsection 1. If such a question is asked, the Board must allow the applicant to refuse to answer.

      3.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.125.

      (Added to NRS by 2019, 2693)

      NRS 632.239  Advanced practice registered nurse: Authority to issue order for school or authorized entity to obtain and maintain auto-injectable epinephrine; immunity from liability.

      1.  An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      2.  An advanced practice registered nurse may issue to an authorized entity an order to allow the authorized entity to obtain and maintain auto-injectable epinephrine at any location under the control of the authorized entity where allergens capable of causing anaphylaxis may be present, regardless of whether any person employed by, affiliated with or served by the authorized entity has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.

      3.  An order issued pursuant to subsection 1 or 2 must contain:

      (a) The name and signature of the advanced practice registered nurse and the address of the advanced practice registered nurse if not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name of the public or private school or authorized entity to which the order is issued;

      (d) The name, strength and quantity of the drug authorized to be obtained and maintained by the order; and

      (e) The date of issue.

      4.  An advanced practice registered nurse is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 or 2 to an entity other than a natural person and without knowledge of a specific natural person who requires the medication.

      5.  An advanced practice registered nurse is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the advanced practice registered nurse.

      6.  As used in this section:

      (a) “Authorized entity” has the meaning ascribed to it in NRS 450B.710.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      (c) “Public school” has the meaning ascribed to it in NRS 385.007.

      (Added to NRS by 2015, 473)

      NRS 632.2395  Certified registered nurse anesthetist: Qualifications; issuance of certificate; regulations.

      1.  The Board shall issue a certificate of registration to practice as a certified registered nurse anesthetist to an applicant who:

      (a) Has successfully completed a nationally accredited program in the science of anesthesia; and

      (b) Meets any additional requirements prescribed by the Board pursuant to subsection 2.

      2.  The Board shall adopt regulations to carry out the provisions of this section and NRS 632.2397, including, without limitation, regulations:

      (a) Specifying any additional training, education and experience necessary for certification as a certified registered nurse anesthetist;

      (b) Delineating the authorized scope of practice of a certified registered nurse anesthetist; and

      (c) Establishing the procedure to apply for certification as a certified registered nurse anesthetist.

      (Added to NRS by 2023, 1444)

      NRS 632.2397  Certified registered nurse anesthetist: Authorized practice; prohibited acts.

      1.  A certified registered nurse anesthetist may:

      (a) Under the supervision of a physician licensed pursuant to chapter 630 or 633 of NRS, order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices to treat a patient under the care of a licensed physician in a critical access hospital in preparation for surgery or childbirth, during surgery or childbirth and while a patient recovers from surgery or childbirth.

      (b) Possess and administer controlled substances, poisons, dangerous drugs and devices in other circumstances under which a registered nurse is authorized to possess and administer controlled substances, poisons, dangerous drugs and devices.

      2.  A certified registered nurse anesthetist shall not order or prescribe a controlled substance, poison, dangerous drug or device except as authorized by paragraph (a) of subsection 1.

      3.  As used in this section, “critical access hospital” means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. 1395i-4(e).

      (Added to NRS by 2023, 1444)

      NRS 632.240  System for delivery of health care: Nursing services must be supervised by chief administrative nurse.  The provision of nursing services in any system for the delivery of health care must be under the direction and supervision of a chief administrative nurse who is a registered nurse.

      [17:256:1947; 1943 NCL § 4756.17]—(NRS A 1973, 526; 1989, 2051; 1999, 1327; 2001, 542)

PRACTICAL NURSING

      NRS 632.270  Qualifications of applicant for license; regulations.  Except as otherwise provided in NRS 632.281 and 632.282, each applicant for a license to practice as a practical nurse must submit to the Board written evidence, under oath, that the applicant:

      1.  Is of good moral character.

      2.  Has a high school diploma or its equivalent as determined by the State Board of Education.

      3.  Is at least 18 years of age.

      4.  Has:

      (a) Successfully completed the prescribed course of study in an accredited school of practical nursing or an accredited school of professional nursing, and been awarded a diploma by the school;

      (b) Successfully completed the prescribed course of study in an approved school of practical nursing in the process of obtaining accreditation or an approved school of professional nursing in the process of obtaining accreditation, and been awarded a diploma by the school; or

      (c) Been registered or licensed as a registered nurse under the laws of another jurisdiction.

      5.  Meets any other qualifications prescribed in regulations of the Board.

      [4:154:1949; A 1955, 547] + [Part 5:154:1949; A 1955, 547]—(NRS A 1959, 241; 1961, 182; 1963, 615; 1973, 527; 1979, 435; 1981, 525; 1989, 2051; 2003, 337; 2015, 3006, 3882)

      NRS 632.280  Issuance of license; admission without examination.  The Board shall grant a license to practice as a practical nurse in this State to each applicant who has the preliminary qualifications set forth in NRS 632.270 and who:

      1.  Passes the practical nurses examination, which examination must be given by the Board not less than once each calendar year; or

      2.  Holds a license as a practical nurse under the laws of another jurisdiction after passing an examination required by that jurisdiction, if it appears to the Board that the requirements and scope of the required examination were at least equivalent to those prescribed by this chapter for examinations. If the applicant was trained as a nurse in a jurisdiction where English is not the prevalent language, the Board shall require that the applicant pass an examination testing the applicant’s proficiency in reading, writing and speaking English.

      [Part 5:154:1949; A 1955, 547]—(NRS A 1979, 435)

      NRS 632.281  Expedited license by endorsement: Requirements; procedure for issuance.

      1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a practical nurse 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 to practice as a practical nurse; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; 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 to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      (Added to NRS by 2015, 3004; A 2019, 4277)

      NRS 632.282  Expedited license by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States; and

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

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) 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 to practice as a practical nurse; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; 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 to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a practical nurse 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, 3880; A 2019, 4278)

NURSING ASSISTANTS

      NRS 632.285  Practicing or offering to practice without certificate unlawful; enforcement.

      1.  Any person, except a nursing assistant trainee, who practices or offers to practice as a nursing assistant in this State shall submit evidence that he or she is qualified so to practice and must be certified as provided in this chapter.

      2.  It is unlawful for any person:

      (a) To practice or to offer to practice as a nursing assistant in this State or to use any title, abbreviation, sign, card or device to indicate that he or she is practicing as a nursing assistant in this State unless the person has been certified pursuant to the provisions of this chapter.

      (b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing the person to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this State, unless the person is a nursing assistant trainee.

      (c) To be employed as a nursing assistant trainee for more than 4 months.

      3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.

      4.  Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.

      (Added to NRS by 1989, 2008; A 1991, 318; 1995, 751; 1997, 922; 1999, 1327; 2013, 2221)

      NRS 632.2852  Qualifications of applicant for certificate; certification by examination or by endorsement; issuance of certificate.

      1.  An applicant for a certificate to practice as a nursing assistant must submit to the Board written evidence under oath that the applicant:

      (a) Is of good moral character;

      (b) Is in good physical and mental health;

      (c) Is at least 16 years of age; and

      (d) Meets such other reasonable requirements as the Board prescribes.

      2.  An applicant may be certified by examination if the applicant:

      (a) Submits a completed written application and the fee required by this chapter;

      (b) Completes a training program approved by the Board and supplies a certificate of completion from the program;

      (c) Passes the certification examination approved by the Board; and

      (d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing.

      3.  An applicant who is licensed or certified as a nursing assistant in another state may be certified by endorsement if the applicant:

      (a) Submits a completed written application and the fee required by this chapter;

      (b) Submits proof of successful completion of a training program approved by the appropriate agency of another state;

      (c) Has passed a certification examination approved by the Board to be equivalent to the examination required in this State; and

      (d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing.

      4.  The Board shall issue a certificate to practice as a nursing assistant to each applicant who meets the requirements of this section.

      (Added to NRS by 1989, 2009; A 1991, 318)

      NRS 632.2856  Training programs; tests; regulations.

      1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.

      2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

      (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

      (b) Proof of successful completion of training for instructors which has been approved by the Board.

Ê The Board may approve a licensed practical nurse as an instructor if the Board determines that requiring instruction by a registered nurse would create a hardship.

      3.  Except as otherwise provided in NRS 622.090, upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, the nursing assistant trainee must repeat the training in the areas in which he or she was deficient before taking the certification examination.

      4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he or she has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

      5.  The Board shall adopt regulations not inconsistent with law:

      (a) Specifying the scope of the training program and the required components of the program;

      (b) Establishing standards for the approval of programs and instructors; and

      (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

      6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the Board, and is approved by the Board. Such a program must be administered through:

      (a) The Nevada System of Higher Education;

      (b) A program for career and technical education approved by the State Board of Education;

      (c) A public school in this State; or

      (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

      7.  An educational institution or agency that administers a training program shall:

      (a) Develop or approve the curriculum for training provided in its service district;

      (b) Manage the training program; and

      (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

      (Added to NRS by 1989, 2009; A 1991, 319, 885, 886; 1993, 418; 2005, 1053; 2007, 2946; 2017, 508)

      NRS 632.2858  Examination of applicants.

      1.  The Board shall authorize the administration of the examination of applicants for certification as nursing assistants.

      2.  The Board may employ, contract with or cooperate with any person in the preparation, administration and grading of a uniform national examination, but, except as otherwise provided in NRS 622.090, shall retain sole discretion and responsibility for determining the standards of successful completion of the examination.

      3.  The Board shall determine whether an examination may be repeated and the frequency of authorized reexaminations.

      4.  If an applicant fails the examination three times, the applicant must repeat the training program prescribed in NRS 632.2856.

      (Added to NRS by 1989, 2010; A 1991, 320; 2007, 2947)

MEDICATION AIDES - CERTIFIED

      NRS 632.291  Practicing or offering to practice without certificate unlawful; enforcement.

      1.  Any person who practices or offers to practice as a medication aide - certified in this State shall submit evidence that he or she is qualified to practice and must be certified to practice as a medication aide - certified as provided in this chapter.

      2.  It is unlawful for any person to practice or to offer to practice as a medication aide - certified in this State or to use any title, abbreviation, sign, card or device to indicate that the person is practicing as a medication aide - certified in this State unless the person is certified as a medication aide - certified pursuant to the provisions of this chapter.

      3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

      4.  Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

      (Added to NRS by 2011, 1324; A 2013, 2222)

      NRS 632.292  Qualifications of applicant for certificate; certification by endorsement; issuance of certificate.

      1.  An applicant for a certificate to practice as a medication aide - certified must submit proof satisfactory to the Board that the applicant:

      (a) Holds a certificate to practice as a nursing assistant in this State;

      (b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in this State and is currently employed at a medical facility;

      (c) Has a high school diploma or its equivalent;

      (d) Has successfully completed a literacy and reading comprehension screening process approved by the Board;

      (e) Has successfully completed a training course for medication aides - certified of at least 100 hours that is approved by the Board;

      (f) Has passed an examination on such subjects as are required by the Board; and

      (g) Meets such other reasonable requirements as the Board prescribes by regulation.

      2.  An applicant who is licensed or certified as a medication aide in another state or territory of the United States may be certified in this State by endorsement if the applicant submits proof satisfactory to the Board that the applicant:

      (a) Holds a certificate to practice as a nursing assistant in another state or territory of the United States;

      (b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in another state or territory of the United States and is currently employed at a medical facility;

      (c) Has a high school diploma or its equivalent;

      (d) Has passed an examination determined by the Board to be equivalent to the examination required by paragraph (f) of subsection 1;

      (e) Has completed training determined by the Board to be equivalent to the training required by paragraph (e) of subsection 1; and

      (f) Meets such other reasonable requirements as the Board prescribes by regulation.

      3.  The Board shall issue a certificate to practice as a medication aide - certified to each applicant who meets the requirements of this section.

      (Added to NRS by 2011, 1324)

      NRS 632.293  Designation of types of medical facilities that may employ medication aides - certified; notice; regulations.

      1.  The Board shall designate by regulation the types of medical facilities that may employ medication aides - certified.

      2.  If a designated facility elects to employ one or more medication aides - certified, the facility shall notify the Board in the manner prescribed by the Board.

      (Added to NRS by 2011, 1325)

      NRS 632.294  Authorized services that may be provided by medication aide - certified; restrictions on scope of practice; regulations by Board regarding scope of practice.

      1.  A medication aide - certified may only administer authorized medications and perform related tasks at a designated facility under the supervision of an advanced practice registered nurse or a registered nurse and in accordance with standard protocols developed by the Board.

      2.  Except as otherwise provided by subsection 4, a medication aide - certified may only administer authorized medications by the following methods:

      (a) Orally;

      (b) Topically;

      (c) By the use of drops in the eye, ear or nose;

      (d) Vaginally;

      (e) Rectally;

      (f) Transdermally; and

      (g) By the use of an oral inhaler.

      3.  Except as otherwise provided by subsection 4, a medication aide - certified shall not:

      (a) Receive, have access to or administer any controlled substance;

      (b) Administer parenteral or enteral medications;

      (c) Administer any substances by nasogastric or gastronomy tubes;

      (d) Calculate drug dosages;

      (e) Destroy medication;

      (f) Receive orders, either in writing or verbally, for new or changed medication;

      (g) Transcribe orders from medical records;

      (h) Order or administer initial medications;

      (i) Evaluate reports of medication errors;

      (j) Perform treatments;

      (k) Conduct patient assessments or evaluations;

      (l) Engage in teaching activities for patients;

      (m) Inject a neuromodulator that is derived from Clostridium botulinum or a neuromodulator that is biosimilar to or the bioequivalent of such a neuromodulator;

      (n) Inject a dermal or soft tissue filler; or

      (o) Engage in any activity prohibited pursuant to subsection 4.

      4.  Except as otherwise provided in this subsection, the Board may adopt regulations authorizing or prohibiting any additional activities of a medication aide - certified. The Board shall not adopt regulations authorizing a medication aide - certified to perform the tasks described in paragraph (m) or (n) of subsection 3.

      5.  As used in this section, “supervision” means active oversight of the patient care services provided by a medication aide - certified while on the premises of a designated facility.

      (Added to NRS by 2011, 1325; A 2013, 2074; 2017, 1257)

      NRS 632.296  Unlawful acts.  It is unlawful for any person:

      1.  To sell or fraudulently obtain or furnish a certificate to practice as a medication aide - certified;

      2.  To practice as a medication aide - certified pursuant to a certificate that was illegally or fraudulently obtained or was signed or issued unlawfully or under fraudulent representation; or

      3.  To conduct a training course for medication aides - certified unless the training course has been approved by the Board.

      (Added to NRS by 2011, 1326)

LICENSES AND CERTIFICATES GENERALLY; FEES

      NRS 632.300  Temporary license or certificate.

      1.  Upon application and payment of the required fee, the Board may without examination grant a:

      (a) Temporary license to practice professional nursing or practical nursing; or

      (b) Temporary certificate to practice as a nursing assistant,

Ê to a person whose corresponding license or certificate from another jurisdiction is in good standing.

      2.  Only one temporary license or certificate may be issued pursuant to this section to any one person during any 12-month period.

      [6.5:154:1949; added 1955, 547]—(NRS A 1963, 616; 1973, 527; 1979, 435; 1989, 2051; 1991, 320)

      NRS 632.305  Interim permit; regulations.

      1.  The Board may, after verifying that an applicant meets the requirements of:

      (a) NRS 632.140, issue an interim permit authorizing the applicant to practice professional nursing until the results of the examination required by NRS 632.150 are received.

      (b) NRS 632.270, issue an interim permit authorizing the applicant to practice as a practical nurse until the results of the examination required by NRS 632.280 are received.

      2.  If the applicant does not pass the examination, the interim permit expires upon notification by the Board. The interim permit is not renewable.

      3.  The Board may adopt regulations for the reexamination of an applicant who does not pass the examination.

      (Added to NRS by 1975, 1124; A 1989, 2052)

      NRS 632.307  Nondisciplinary condition, limitation or restriction placed on license or certificate by Board.

      1.  The Board may place any condition, limitation or restriction on any license or certificate issued pursuant to this chapter if the Board determines that such action is necessary to protect the public health, safety or welfare.

      2.  The Board shall not report any condition, limitation or restriction placed on a license or certificate issued pursuant to this section to the National Council of State Boards of Nursing Disciplinary Data Bank or any other repository which records disciplinary action taken against licensees or holders of certificates, unless the licensee or holder of the certificate fails to comply with the condition, limitation or restriction placed on the license or certificate. The Board may, upon request, report any such information to an agency of another state which regulates the practice of nursing.

      3.  The Board may modify any condition, limitation or restriction placed on a license or certificate issued pursuant to this section if the Board determines it is necessary to protect the public health, safety or welfare.

      4.  Any condition, limitation or restriction placed on a license or certificate issued pursuant to this section shall not be deemed to be disciplinary action taken pursuant to NRS 632.349.

      (Added to NRS by 1995, 1649)

      NRS 632.310  Investigation of actions of licensee or holder of certificate by Board or Executive Director; authority of Board to request from employer complete name and work assignments of licensee, nursing assistant or medication aide - certified under investigation by Board; retention of complaints.

      1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person, if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada. 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.

      2.  The Executive Director of the Board may, upon receipt of information from a governmental agency, conduct an investigation to determine whether the information is sufficient to require an investigation for referral to the Board for its consideration.

      3.  If a written verified complaint filed with the Board does not include the complete name of the licensee, nursing assistant or medication aide - certified against whom the complaint is filed, and the Board is unable to identify the licensee, nursing assistant or medication aide - certified, the Board shall request that the employer of the licensee, nursing assistant or medication aide - certified provide to the Board the complete name of the licensee, nursing assistant or medication aide - certified. The employer shall provide the name to the Board within 3 business days after the request is made.

      4.  The employer of a licensee, nursing assistant or medication aide - certified shall provide to the Board, upon its request, the record of the work assignments of any licensee, nursing assistant or medication aide - certified whose actions are under investigation by the Board.

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

      [Part 7:154:1949; A 1955, 547]—(NRS A 1989, 2052; 1993, 1219; 1995, 1652; 2001, 623; 2009, 883; 2011, 1328; 2013, 2222)

      NRS 632.315  Practicing or offering to practice nursing without license unlawful; enforcement.

      1.  For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this State, any person who practices or offers to practice nursing in this State shall submit evidence that he or she is qualified to practice and must be licensed as provided in this chapter.

      2.  It is unlawful for any person:

      (a) To practice or offer to practice nursing in this State or use any title, abbreviation, sign, card or device to indicate that he or she is practicing nursing in this State unless that person has been licensed pursuant to the provisions of this chapter; or

      (b) Who does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter to practice or offer to practice in this State as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that the person possesses qualifications and skill in the field of nursing.

      3.  Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who violates any provision of subsection 2:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      4.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

      5.  Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

      [Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] + [9:256:1947; A 1949, 536; 1943 NCL § 4756.09]—(NRS A 1973, 524; 1995, 1650; 1997, 923; 1999, 1327; 2013, 998, 2223)

      NRS 632.316  Exemptions from provisions requiring licensure.  The provisions of NRS 632.315 do not prohibit:

      1.  Gratuitous nursing by friends or by members of the family of a patient.

      2.  The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

      3.  Nursing assistance in the case of an emergency.

      4.  The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

      5.  The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.

      6.  The practice of nursing by any person who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

      7.  Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

      8.  A personal assistant from performing services for a person with a disability pursuant to NRS 629.091.

      9.  A natural person from providing community-based living arrangement services if:

      (a) That person has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto; or

      (b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto.

Ê As used in this subsection, “community-based living arrangement services” has the meaning ascribed to it in NRS 449.0026.

      10.  A natural person from providing supported living arrangement services if:

      (a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive; or

      (b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

Ê As used in this subsection, “supported living arrangement services” has the meaning ascribed to it in NRS 435.3315.

      11.  A natural person from providing jobs and day training services if:

      (a) That person has been issued a certificate pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310, inclusive; or

      (b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310, inclusive.

Ê As used in this subsection, “jobs and day training services” has the meaning ascribed to it in NRS 435.176.

      [8:154:1949; A 1955, 547]—(NRS A 1963, 617; 1973, 528; 1975, 1125; 1989, 2053; 1991, 320; 1995, 751, 1654; 2005, 70, 1380; 2009, 820; 2017, 1411; 2019, 252; 2023, 179, 422)

      NRS 632.330  Regulations concerning reissuance of license or certificate after revocation.  The Board may adopt regulations which prescribe the period during which a licensee or holder of a certificate may not apply for the reissuance of a license or certificate after that license or certificate is revoked.

      [Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1989, 2053; 1995, 1654)

      NRS 632.3405  Board prohibited from issuing or renewing license unless applicant attests to knowledge of and compliance with certain guidelines related to safe and appropriate injection practices.  The Board shall not issue or renew a license to practice as a professional nurse or a practical nurse unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      (Added to NRS by 2011, 2054)

      NRS 632.341  Renewal and reinstatement of license; transfer to inactive list; issuance of temporary license.

      1.  Every nurse licensed under the provisions of this chapter must renew his or her license biennially on a date or according to a schedule of dates prescribed by regulation of the Board. If the date or schedule is changed, the Board may prorate the required fee.

      2.  A licensee who fails to renew a license may have the license reinstated by completing an application for renewal, submitting payment of the reinstatement fee in addition to the renewal fee and submitting all information required to complete the reinstatement.

      3.  Upon written request to the Board, a licensee in good standing may cause his or her name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the Board, except as otherwise provided in subsection 4, shall renew the license upon demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.

      4.  The Board may:

      (a) Issue a temporary license to an applicant for the renewal or reinstatement of a license pending final action by the Board upon the application.

      (b) After a hearing, refuse to renew or reinstate the license of any person who, at any time since the most recent renewal of the license or the issuance of the original license if it has not been renewed, has been out of compliance with the requirements of this chapter.

      (Added to NRS by 1973, 521; A 1979, 719; 1983, 257, 296; 1989, 2054; 1997, 2125; 2005, 2722, 2807)

      NRS 632.3415  Renewal of license as registered nurse: Duty of Board to require applicant to report receipt of training in treatment of mental and emotional trauma and willingness to respond during emergency or disaster; maintenance and provision of related lists of names by Board; failure of applicant to comply not ground for denial; confidentiality of information.

      1.  The Board shall:

      (a) Require each applicant for the renewal of a license as a registered nurse to:

             (1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma; and

             (2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or disaster arise at any location in this State;

      (b) Maintain a list of each registered nurse and any training described in subparagraph (1) of paragraph (a) that the nurse has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who renewed their license during the immediately preceding year;

      (c) Maintain a list of the names and contact information for registered nurses who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and whom the Board has determined have appropriate training to respond following an emergency or disaster; and

      (d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.

      2.  The Board shall not deny the renewal of a license as a registered nurse solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.

      3.  Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.

      (Added to NRS by 2019, 4157)

      NRS 632.342  Renewal of certificate.

      1.  The certificate of a nursing assistant or medication aide - certified must be renewed biennially on the date of the certificate holder’s birthday.

      2.  The Board shall renew a certificate if the applicant:

      (a) Submits a completed written application and the fee required by this chapter;

      (b) Submits documentation of completion of continuing training, as required by the Board, in the previous 24 months;

      (c) Has not committed any acts which are grounds for disciplinary action, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing;

      (d) Submits documentation of employment as a nursing assistant or medication aide - certified during the 2 years immediately preceding the date of the renewal; and

      (e) Submits all information required to complete the renewal.

Ê The training program completed pursuant to paragraph (b) must be approved by the Board.

      3.  Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant or medication aide - certified qualifies for the issuance of a new certificate.

      4.  Renewal of a certificate becomes effective on the date on which:

      (a) The application is filed;

      (b) The renewal fee is paid; or

      (c) All information required to complete the renewal is submitted,

Ê whichever occurs latest.

      (Added to NRS by 1989, 2011; A 1997, 923, 2126; 2005, 2723, 2807; 2011, 1330)

      NRS 632.3423  Renewal of license or certificate: Duty of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

      1.  The Board shall:

      (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 or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; 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 or certificate 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 or certificate 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 or certificate, for failure to do so.

      (Added to NRS by 2021, 802)

      NRS 632.3425  Renewal of suspended license or certificate.  A suspended license or certificate is subject to expiration and must be renewed as provided in NRS 632.341 or 632.342. Renewal does not entitle the licensee, nursing assistant or medication aide - certified to engage in activity which requires licensure or certification until the completion of the suspension.

      (Added to NRS by 1989, 2011; A 1995, 1655; 1997, 536; 1999, 405; 2011, 1330)

      NRS 632.343  Renewal of license: Completion of program of continuing education required; exemption; review of courses by Board; required and recommended courses.

      1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

      (a) An accredited school of professional nursing;

      (b) An accredited school of practical nursing;

      (c) An approved school of professional nursing in the process of obtaining accreditation; or

      (d) An approved school of practical nursing in the process of obtaining accreditation.

      2.  The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      3.  The program of continuing education required by subsection 1 must include:

      (a) For a person licensed as an advanced practice registered nurse:

             (1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 6.

             (2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.

      (b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      (c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board.

      (d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.

      (e) For each person licensed pursuant to this chapter who provides or supervises the provision of emergency medical services in a hospital or primary care, at least 2 hours of training in the stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus to be completed within 2 years after beginning to provide or supervise the provision of such services or care.

      4.  The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 3.

      5.  The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      6.  The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      7.  The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

      (a) Recognizing the symptoms of pediatric cancer; and

      (b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

      8.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Primary care” means the practice of family medicine, pediatrics, internal medicine, obstetrics and gynecology and midwifery.

      (e) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (f) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      (Added to NRS by 1979, 719; A 1981, 25; 2003, 337, 648, 2956; 2015, 2283; 2017, 942; 2019, 1491; 2021, 391, 777, 886; 2023, 1178, 3503)

      NRS 632.344  Applicant for license or certificate required to submit set of fingerprints to Board.  An applicant for a license or certificate shall submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 1995, 1649)

      NRS 632.3446  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license or certificate pursuant to this chapter 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 or certificate pursuant to this chapter 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board pursuant to this chapter 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, 2124; A 2005, 2723, 2807)

      NRS 632.3446  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or certificate pursuant to this chapter 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board pursuant to this chapter 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, 2124; A 2005, 2723, 2724, 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 632.345  Fees.

      1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                                                  Not less       Not more

                                                                                                                        than                than

Application for license to practice professional nursing (registered nurse), including a license by endorsement.............................................................................. $45               $100

Application for license to practice practical nursing, including a license by endorsement      30....................................................................................................... 90

Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license.................................................. 15                   50

Application for a certificate to practice as a nursing assistant or medication aide - certified   15....................................................................................................... 50

Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate.............................................................................. 5                   40

Biennial fee for renewal of a license............................................. 40                 100

Biennial fee for renewal of a certificate........................................ 20                   50

Fee for reinstatement of a license................................................... 10                 100

Application for a license to practice as an advanced practice registered nurse, including a license by endorsement................................................................................. 50                 200

Application for a certificate of registration to practice as a certified registered nurse anesthetist....................................................................................................... 50                 200

Biennial fee for renewal of a license to practice as an advanced practice registered nurse or a certificate of registration to practice as a certified registered nurse anesthetist   50           200

Examination fee for license to practice professional nursing.... 20                 100

Examination fee for license to practice practical nursing.......... 10                   90

Rewriting examination for license to practice professional nursing                 20        100

Rewriting examination for license to practice practical nursing 10                   90

Duplicate license................................................................................. 5                   30

Duplicate certificate............................................................................ 5                   30

Proctoring examination for candidate from another state.......... 25                 150

Fee for approving one course of continuing education.............. 10                   50

Fee for reviewing one course of continuing education which has been changed since approval......................................................................................................... 5                   30

Annual fee for approval of all courses of continuing education offered       100        500

Annual fee for review of training program................................... 60                 100

Certification examination................................................................ 10                   90

Approval of instructors of training programs............................... 50                 100

Approval of proctors for certification examinations................... 20                   50

Approval of training programs..................................................... 150                 250

Validation of licensure or certification............................................ 5                   25

 

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 632.162 or 632.282, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      3.  The Board may collect the fees and charges established pursuant to this section, and those fees or charges must not be refunded.

      (Added to NRS by 1973, 521; A 1979, 189; 1981, 26; 1983, 512; 1989, 2015, 2054; 1991, 321; 1999, 1328; 2011, 1331; 2013, 2075; 2015, 3007, 3882)

DISCIPLINARY AND OTHER ACTIONS

      NRS 632.347  Grounds for denial, revocation or suspension of license or certificate or other disciplinary action. [Effective through June 30, 2027.]

      1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

             (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

      (f) Is a person with mental incompetence.

      (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

             (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

             (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

             (3) Impersonating another licensed practitioner or holder of a certificate.

             (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.

             (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

             (6) Physical, verbal or psychological abuse of a patient.

             (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      (l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

             (3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS; or

             (4) Is an individualized investigational treatment or investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.

      (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

      (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (p) Has operated a medical facility at any time during which:

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

             (2) An act or omission occurred which resulted 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.

      (q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.

      (r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (s) Has engaged in the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      (t) Has violated the provisions of NRS 454.217 or 629.086.

      (u) Has performed or supervised the performance of a pelvic examination in violation of NRS 629.085.

      (v) Has failed to comply with the provisions of NRS 441A.315 or any regulations adopted pursuant thereto.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.

      4.  As used in this section:

      (a) “Individualized investigational treatment” has the meaning ascribed to it in NRS 454.690.

      (b) “Investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      [Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1971, 2034; 1973, 527; 1981, 592; 1983, 831; 1987, 1557; 1989, 2052; 1993, 785; 1995, 1652; 1997, 536; 1999, 405; 2003, 1498, 2708; 2007, 1471; 2009, 884; 2011, 259, 849, 1329; 2013, 1227; 2015, 118, 988, 1171; 2017, 1258, 4418; 2019, 2203, 3887; 2021, 1547, 3141; 2023, 2144)

      NRS 632.347  Grounds for denial, revocation or suspension of license or certificate or other disciplinary action. [Effective July 1, 2027.]

      1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

             (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

      (f) Is a person with mental incompetence.

      (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

             (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

             (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

             (3) Impersonating another licensed practitioner or holder of a certificate.

             (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.

             (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

             (6) Physical, verbal or psychological abuse of a patient.

             (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      (l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;

             (3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.

      (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

      (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (p) Has operated a medical facility at any time during which:

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

             (2) An act or omission occurred which resulted 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.

      (q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.

      (r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (s) Has engaged in the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      (t) Has violated the provisions of NRS 454.217 or 629.086.

      (u) Has performed or supervised the performance of a pelvic examination in violation of NRS 629.085.

      (v) Has failed to comply with the provisions of NRS 441A.315 or any regulations adopted pursuant thereto.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.

      4.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      [Part 7:154:1949; A 1955, 547]—(NRS A 1963, 616; 1971, 2034; 1973, 527; 1981, 592; 1983, 831; 1987, 1557; 1989, 2052; 1993, 785; 1995, 1652; 1997, 536; 1999, 405; 2003, 1498, 2708; 2007, 1471; 2009, 884; 2011, 259, 849, 1329; 2013, 1227; 2015, 118, 988, 1171; 2017, 1258, 4418; 2019, 2203, 3887; 2021, 1547, 3141; 2023, 2144, effective July 1, 2027)

      NRS 632.348  Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or certificate issued pursuant to this chapter, the Board shall deem the license or certificate 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 or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or certificate issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if:

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

      (b) The person whose license or certificate was suspended pays the fee established by the Board pursuant to NRS 632.341.

      (Added to NRS by 1997, 2125; A 2005, 2807)

      NRS 632.349  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board determines that a licensee or holder of a certificate has committed any of the acts set forth in NRS 632.347, it may take any one or more of the following disciplinary actions:

      (a) Place conditions, limitations or restrictions on the license or certificate.

      (b) Impose and collect an administrative fine of not more than $5,000.

      (c) Publicly reprimand the licensee or holder of a certificate.

      (d) Accept the voluntary surrender of a license or certificate in lieu of imposing any other disciplinary action set forth in this subsection.

      2.  If the Board determines that:

      (a) A person whose license or certificate is suspended or voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during the period the license or certificate was valid, inactive or would have been valid if not for the suspension or surrender; or

      (b) An applicant for the renewal or reinstatement of a license or certificate has committed, at any time after the most recent renewal of the license or certificate or the issuance of the original license or certificate if it has not been renewed,

Ê any of the acts set forth in NRS 632.347, the Board may take any one or more of the disciplinary actions set forth in subsection 1.

      3.  The Board shall not privately reprimand a licensee or holder of a certificate.

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

      (Added to NRS by 1989, 2050; A 1993, 886; 1995, 1653; 2003, 3439)

      NRS 632.350  Filing of administrative complaint and service of notice required; right to obtain certain documents in possession of Board; hearing.

      1.  Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the Board shall cause an administrative complaint to be filed against the licensee or holder of the certificate. The Board shall notify the licensee or holder of the certificate in writing of the charges against him or her, accompanying the notice with a copy of the administrative complaint.

      2.  Written notice may be served by delivery of it personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to the last known residential address of the licensee or holder of the certificate.

      3.  If the licensee or holder of the certificate, after receiving a copy of the administrative complaint pursuant to subsection 1, submits a written request, the Board shall furnish the licensee or holder of the certificate with copies of any communications, reports and affidavits in possession of the Board, touching upon or relating to the matter in question.

      4.  As soon as practicable after the filing of the administrative complaint, the Board, or a majority thereof, shall hold a hearing on the charges at such time and place as the Board prescribes. If the Board receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be held within 30 days after receiving the report. The hearing must be held, if the licensee or holder of the certificate desires, within the county where the licensee or holder of the certificate resides.

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]—(NRS A 1963, 617; 1969, 95; 1977, 89; 1981, 100; 1989, 2016, 2055; 1991, 322; 1993, 786; 1999, 1329)

      NRS 632.352  Review and investigation of complaint relating to prescriptions for certain controlled substances; notice to licensee; formal complaint and hearing; referral or postponement of investigation; regulations; explanation or technical advisory bulletin for advanced practice registered nurses regarding relevant law.

      1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall:

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each advanced practice registered nurse licensed pursuant to NRS 632.237 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those advanced practice registered nurses of the requirements of this section and NRS 632.353, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      (Added to NRS by 2017, 4416; A 2019, 2130)

      NRS 632.353  Summary suspension of licensee’s authority to prescribe, administer or dispense certain controlled substances; issuance of order; formal hearing and decision.

      1.  If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.

      2.  If an order to summarily suspend a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.

      3.  If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.

      (Added to NRS by 2017, 4417)

      NRS 632.355  Delegation of authority to conduct hearing concerning discipline of licensee or holder of certificate.  The Board may delegate its authority to conduct hearings pursuant to NRS 632.350 concerning the discipline of a licensee or holder of a certificate to a hearing officer. The hearing officer has the powers of the Board in connection with the hearings, and shall report to the Board with findings of fact and conclusions of law within 30 days after the final hearing on the matter. The Board may take action based upon the report of the hearing officer, refer the matter to the hearing officer for further hearings or conduct its own hearings on the matter.

      (Added to NRS by 1989, 2013; A 1995, 1655)

      NRS 632.360  Issuance of subpoenas; service of process.

      1.  The Board or any person designated by the Board may certify to all official acts and issue subpoenas for attendance of witnesses and the production of books and papers relating to any investigation or hearing conducted by the Board.

      2.  In any investigation or hearing in any part of the State the process issued by the Board extends to all parts of the State and may be served by any person authorized to serve process of courts of record or by certified mail to the last known address of the witness.

      3.  The person serving the process is entitled to receive the compensation allowed by the Board, which must not exceed the fees prescribed by law for similar services.

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]—(NRS A 1981, 100; 1995, 1655)

      NRS 632.380  Depositions of witnesses.

      1.  The Board may, in any hearing before it, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this State, and to that end may compel the attendance of witnesses and the production of books and papers.

      2.  The district court in and for the county in which any hearing may be held by the Board shall, upon the application of the Board, issue commissions to other states for the taking of evidence therein for use in any proceedings before the Board.

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]

      NRS 632.390  Power of district court to compel attendance of witness and production of books and papers.

      1.  The district court in and for the county in which any hearing may be held by the Board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.

      2.  In case of the refusal of any witness to attend or testify or produce any books and papers required by a subpoena, the Board may report to the district court in and for the county in which the hearing is pending, by petition setting forth:

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

      (b) That the witness has been subpoenaed in the manner prescribed by this chapter; and

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

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

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

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

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]

      NRS 632.400  Time for rendering decision; notice of decision required; effective date of decision.

      1.  The Board shall render a decision on any administrative complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 632.355 is the final hearing conducted by the hearing officer unless the Board conducts a hearing with regard to the administrative complaint.

      2.  The Board shall notify the person of its decision in writing by certified mail, return receipt requested. The decision of the Board becomes effective on the date the person receives the notice or on the date the Board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]—(NRS A 1969, 95; 1989, 2016; 1995, 1655; 1997, 536; 1999, 405, 1330)

      NRS 632.405  Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; exceptions.

      1.  Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose disciplinary action are public records.

      3.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to another licensing board or any agency that is investigating a person, including a law enforcement agency.

      (Added to NRS by 1993, 1218; A 2003, 3440; 2007, 2136; 2013, 2224)

NURSING SCHOOLS

      NRS 632.430  Schools of practical nursing: Standards and curricula; approval by Board; removal from approved list for just cause.

      1.  The Board may prescribe standards and curricula for schools of practical nursing, visit, survey and approve those schools, and remove those schools from a list of approved schools of nursing for just cause.

      2.  A school of practical nursing in this State must be:

      (a) An accredited school of practical nursing; or

      (b) An approved school of practical nursing in the process of obtaining accreditation.

      [Part 3:154:1949; 1943 NCL § 4759.03]—(NRS A 1959, 189; 1999, 1330; 2003, 338)

      NRS 632.440  Schools and courses of professional nursing: Standards and curricula; surveys; approval by Board.

      1.  The Board shall prescribe curricula and standards for schools and courses of professional nursing. The Board shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall approve such schools and courses as meet the requirements of this chapter and of the Board. It shall evaluate and approve courses for affiliation with approved schools of nursing in this State or with schools of nursing which have applied for such approval.

      2.  A school of professional nursing in this State must be:

      (a) An accredited school of professional nursing; or

      (b) An approved school of professional nursing in the process of obtaining accreditation.

      [Part 1:256:1947; A 1949, 536; 1943 NCL § 4756.01] + [Part 3:256:1947; 1943 NCL § 4756.03] + [Part 5:256:1947; A 1955, 608]—(NRS A 1999, 1330; 2003, 338)

      NRS 632.460  Schools of professional nursing: Survey and written report required before approval.

      1.  The Board shall not approve a school of professional nursing until the Board has caused a thorough survey of the facilities of the school to be made. No such survey shall be deemed complete for the purposes of this section until a written report of the survey is made to the Board and the report has received the full consideration of the whole Board.

      2.  If any school of professional nursing making application for approval indicates that any course required by the prescribed curriculum is to be offered by an institution affiliated with the school, the Board shall cause a survey of the facilities of the affiliated institution to be made, and the written report concerning that institution must receive the full consideration of the Board before the Board approves the school of professional nursing.

      [Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1999, 1330)

      NRS 632.470  Schools of professional nursing: Periodic survey of approved schools; acceptance of survey from nationally recognized association; reports and recommendations; notice of deficiencies; effect of failure to remedy deficiencies.

      1.  Except as otherwise provided in this subsection, the Board shall periodically cause to be surveyed all approved schools of professional nursing in this State. Written reports of those surveys must be submitted to and considered by the full Board. In lieu of causing the approved schools of professional nursing to be surveyed, the Board may accept a survey and recommendation completed by a nationally recognized association that accredits schools of professional nursing, if the association has been approved by the Board.

      2.  If, after consideration of the reports, the Board determines that a school of professional nursing is not maintaining the standards required by this chapter and by the Board, notice thereof in writing specifying the deficiencies must forthwith be given to the school.

      3.  The Board shall revoke the approval of a school of professional nursing which fails to remedy such deficiencies within a reasonable time after receiving written notice thereof.

      [Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1973, 529; 1999, 1331)

      NRS 632.4705  Schools of practical nursing or professional nursing: Ratio of faculty members to students for course providing clinical training.

      1.  An approved school of practical nursing or an approved school of professional nursing may determine the appropriate ratio of faculty members to students for a course that provides clinical training, provided that such a ratio not exceed 1 member of the faculty for every 12 students.

      2.  The Board may not impose requirements that are more stringent than the requirements of subsection 1 concerning the ratio of faculty members to students for a course to which that subsection applies.

      (Added to NRS by 2023, 193)

MISCELLANEOUS PROVISIONS

      NRS 632.472  Persons required to report on conduct constituting violation of licensees or holders of certificates; voluntary reports; immunity from civil liability.

      1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, expanded function dental assistant, naprapath, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      (l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (b) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028.

      (c) “Peer recovery support specialist” has the meaning ascribed to it in NRS 433.627.

      (d) “Peer recovery support specialist supervisor” has the meaning ascribed to it in NRS 433.629.

      (Added to NRS by 1989, 2012; A 1991, 137; 1993, 2218; 1995, 1651; 2001, 773; 2005, 2175; 2007, 1226, 1829, 3051; 2009, 2400, 2975; 2011, 1092, 1332; 2013, 144, 966; 2015, 2170, 2181; 2019, 2734; 2021, 2831; 2023, 1563, 1677, 3428)

      NRS 632.4725  Employer of licensee, nursing assistant or medication aide - certified required to prepare and maintain record of work assignments.  Each employer of a licensee, nursing assistant or medication aide - certified shall prepare and maintain, for at least 5 years, a record of the work assignments of each licensee, nursing assistant or medication aide - certified.

      (Added to NRS by 2001, 623; A 2011, 1333)

      NRS 632.473  Treatment of patients by nurse employed by Department of Corrections.

      1.  A nurse licensed pursuant to the provisions of this chapter, while working at an institution of the Department of Corrections, may treat patients, including the administration of a dangerous drug, poison or related device, pursuant to orders given by a physician assistant if those orders are given pursuant to a protocol approved by the Board of Medical Examiners and the supervising physician. The orders must be cosigned by the supervising physician or another physician within 72 hours after treatment.

      2.  A copy of the protocol under which orders are given by a physician assistant must be available at the institution for review by the nurse.

      3.  This section does not authorize a physician assistant to give orders for the administration of any controlled substance.

      4.  For the purposes of this section:

      (a) “Physician assistant” means a physician assistant licensed by the Board of Medical Examiners pursuant to chapter 630 of NRS who:

             (1) Is employed at an institution of the Department of Corrections;

             (2) Has been awarded a bachelor’s degree from a college or university recognized by the Board of Medical Examiners; and

             (3) Has received at least 40 hours of instruction regarding the prescription of medication as a part of either his or her basic educational qualifications or a program of continuing education approved by the Board of Medical Examiners.

      (b) “Protocol” means the written directions for the assessment and management of specified medical conditions, including the drugs and devices the physician assistant is authorized to order, which the physician assistant and the supervising physician have agreed upon as a basis for their practice.

      (c) “Supervising physician” has the meaning ascribed to it in NRS 630.025.

      (Added to NRS by 1987, 1584; A 1989, 915; 1997, 686; 2001, 774; 2001 Special Session, 247)

      NRS 632.474  Pronouncement of death by registered nurse.  A registered nurse who is authorized by a physician or advanced practice registered nurse pursuant to NRS 440.415 may make a pronouncement of death.

      (Added to NRS by 1993, 1158; A 2017, 1740)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

      NRS 632.475  Unlawful to require participation in abortion; penalty.

      1.  An employer shall not require a registered nurse, a licensed practical nurse, a nursing assistant or any other person employed to furnish direct personal health service to a patient to participate directly in the induction or performance of an abortion if the employee has filed a written statement with the employer indicating a moral, ethical or religious basis for refusal to participate in the abortion.

      2.  If the statement provided for in subsection 1 is filed with the employer, the employer shall not penalize or discipline the employee for declining to participate directly in the induction or performance of an abortion.

      3.  The provisions of subsections 1 and 2 do not apply to medical emergency situations.

      4.  Any person violating the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1973, 898, 1639; A 1989, 2017)

      NRS 632.477  Identification including surname of licensee prohibited.  The Board, or a medical facility or any other person who employs a licensee, shall not require a licensee while on duty, to wear a badge or other form of identification that includes the surname of the licensee.

      (Added to NRS by 2001, 623)

      NRS 632.480  Injunctive relief against violations of chapter.  Whenever the Board believes from evidence satisfactory to it that any person has violated or is about to violate any of the provisions of this chapter, or any order, license, certificate, permit, decision, demand or requirement, or any part or provision thereof, it may bring an action, in the name of the Board, in the district court in and for the county in which the person resides, against the person to enjoin the person from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In the action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order may be granted without at least 5 days’ notice to the opposite party.

      [Part 16:256:1947; A 1955, 608] + [Part 7:154:1949; A 1955, 547]—(NRS A 1989, 2017)

      NRS 632.490  Prosecution of violators.

      1.  The Board shall cause the prosecution of all persons violating the provisions of this chapter.

      2.  The Board, or any person designated by the Board, may prefer a complaint for violation of NRS 632.285, 632.291, 632.296 or 632.315 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this State to enforce the provisions thereof.

      [Part 16:256:1947; A 1955, 608] + [Part 3:154:1949; 1943 NCL § 4759.03] + [Part 7:154:1949; A 1955, 547]—(NRS A 1995, 1656; 1997, 924; 2011, 1333)

      NRS 632.495  Citations.

      1.  In addition to any other penalty:

      (a) The Board may issue a citation to a person who violates the provisions of NRS 632.285, 632.291, 632.296 or 632.315. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.

      (b) The Board shall assess an administrative fine of:

             (1) For the first violation, $500.

             (2) For the second violation, $1,000.

             (3) For the third or subsequent violation, $1,500.

      2.  To appeal the finding of a violation of NRS 632.285, 632.291, 632.296 or 632.315, the person must request a hearing by written notice of appeal to the Board within 30 days after the date of issuance of the citation.

      (Added to NRS by 1995, 1648; A 1997, 924; 2011, 1333)

      NRS 632.500  Penalties.

      1.  Unless a greater penalty is provided by a specific statute, any person violating any of the provisions of this chapter is guilty of a misdemeanor.

      2.  A court of competent jurisdiction has full power to try any violations of this chapter, and upon conviction may, at its discretion, revoke the license or certificate of the person so convicted, in addition to imposing the other penalties provided in this chapter.

      [Part 16:256:1947; A 1955, 608] + [19:256:1947; 1943 NCL § 4756.19] + [Part 7:154:1949; A 1955, 547] + [9:154:1949; 1943 NCL § 4759.09]—(NRS A 1967, 641; 1989, 2017; 1995, 1656)