NRS: CHAPTER 653 - RADIATION THERAPY AND RADIOLOGIC IMAGING

[Rev. 6/29/2024 4:53:04 PM--2023]

CHAPTER 653 - RADIATION THERAPY AND RADIOLOGIC IMAGING

GENERAL PROVISIONS

NRS 653.310 Definitions.

NRS 653.320 “Board” defined.

NRS 653.330 “Department” defined.

NRS 653.340 “Division” defined.

NRS 653.350 “License” defined.

NRS 653.360 “Limited license” defined.

NRS 653.370 “Mammography” defined.

NRS 653.380 “Radiation therapy” defined.

NRS 653.390 “Radiologic imaging” defined.

NRS 653.400 “Radiologist assistant” defined.

NRS 653.430 Applicability of chapter.

ADMINISTRATION

NRS 653.450 Radiation Therapy and Radiologic Imaging Advisory Committee: Creation; appointment, qualifications and terms of members; vacancies; compensation of members; officers; meetings; duties.

NRS 653.460 Adoption of regulations by State Board of Health; disposition of money received from penalties and fees; enforcement of chapter by Division of Public and Behavioral Health of Department of Health and Human Services.

LICENSING

NRS 653.500 License or limited license to engage in radiologic imaging or radiation therapy: Requirement; application; expiration and renewal; prohibition on issuance or renewal unless applicant attests to certain information relating to safe and appropriate injection practices; provisional license or limited license; penalty.

NRS 653.510 License to engage in radiation therapy and radiologic imaging: Qualifications.

NRS 653.520 Limited license to engage in radiologic imaging.

NRS 653.530 Expedited license or limited license by endorsement: Requirements; procedure for issuance.

NRS 653.540 Expedited license or limited 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.

NRS 653.550 Payment of child support: Submission of certain information by applicant; grounds for denial of license or limited license; duty of Division. [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 653.550 Payment of child support: Submission of certain information by applicant; grounds for denial of license or limited license; duty of Division. [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.]

PRACTICE

NRS 653.600 Radiologist assistant: Qualifications for practice; authorized services; prohibition; penalty.

NRS 653.610 Engaging in radiation therapy or radiologic imaging without license or compensation under supervision; registration of holder of license or limited license to practice outside scope of practice in certain circumstances; temporary student license.

NRS 653.620 Taking X-ray photographs: Requirements; registration.

NRS 653.630 Computed tomography: Requirements; registration; penalty.

NRS 653.640 Fluoroscopy: Requirements; penalty.

DISCIPLINARY AND OTHER ACTIONS

NRS 653.700 Grounds for denial, suspension, revocation or refusal to renew license or limited license or to impose practice limitations or civil penalty; reinstatement of revoked license.

NRS 653.710 Suspension of license or limited license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 653.720 Filing of complaint; investigation; retention of complaints; notice and hearing; subpoenas; written decisions; delegation of authority to take disciplinary action; judicial review.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 653.900 Inspection of property; request for information; confidentiality of reports of investigation or inspection and requested information.

NRS 653.910 Injunctive relief.

_________

GENERAL PROVISIONS

NRS 653.310 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 653.320 to 653.400, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 2722)

NRS 653.320 “Board” defined. “Board” means the State Board of Health.

(Added to NRS by 2019, 2722)

NRS 653.330 “Department” defined. “Department” means the Department of Health and Human Services.

(Added to NRS by 2019, 2722)

NRS 653.340 “Division” defined. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NRS by 2019, 2722)

NRS 653.350 “License” defined. “License” means a license to engage in radiation therapy and radiologic imaging issued pursuant to NRS 653.510, 653.530 or 653.540. The term does not include a limited license.

(Added to NRS by 2019, 2722)

NRS 653.360 “Limited license” defined. “Limited license” means a limited license to engage in radiologic imaging issued pursuant to NRS 653.520, 653.530 or 653.540.

(Added to NRS by 2019, 2722)

NRS 653.370 “Mammography” defined. “Mammography” has the meaning ascribed to it in NRS 457.182.

(Added to NRS by 2019, 2722)

NRS 653.380 “Radiation therapy” defined. “Radiation therapy” means the administration of ionizing radiation for therapeutic purposes.

(Added to NRS by 2019, 2722)

NRS 653.390 “Radiologic imaging” defined. “Radiologic imaging” means the use of ionizing radiation to diagnose or visualize a medical condition.

(Added to NRS by 2019, 2722)

NRS 653.400 “Radiologist assistant” defined. “Radiologist assistant” means a person who holds a license and meets the requirements of NRS 653.600.

(Added to NRS by 2019, 2722)

NRS 653.430 Applicability of chapter. The provisions of this chapter do not apply to:

1. A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS.

2. A dentist, dental hygienist, dental therapist or expanded function dental assistant licensed pursuant to chapter 631 of NRS or a dental assistant working within the scope of his or her employment under the direct supervision of:

(a) A dentist; or

(b) Where authorized by NRS 631.287, a dental hygienist who holds a special endorsement to practice public health dental hygiene.

3. A chiropractic physician or chiropractic assistant licensed pursuant to chapter 634 of NRS.

4. A person training to become a chiropractic assistant or a student practicing in the preceptor program established by the Chiropractic Physicians’ Board of Nevada pursuant to NRS 634.1375.

5. A podiatric physician or podiatry hygienist licensed pursuant to chapter 635 of NRS, or a person training to be a podiatry hygienist.

6. A veterinarian or veterinary technician licensed pursuant to chapter 638 of NRS or any other person performing tasks under the supervision of a veterinarian or veterinary technician as authorized by regulation of the Nevada State Board of Veterinary Medical Examiners.

7. The performance of mammography in accordance with NRS 457.182 to 457.187, inclusive.

8. Any employee of the Armed Forces of the United States or any division or department of the United States who engages in radiologic imaging or radiation therapy in the discharge of his or her official duties, including, without limitation, while providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

(Added to NRS by 2019, 2722; A 2019, 2741; 2023, 424, 3430)

ADMINISTRATION

NRS 653.450 Radiation Therapy and Radiologic Imaging Advisory Committee: Creation; appointment, qualifications and terms of members; vacancies; compensation of members; officers; meetings; duties.

1. The Radiation Therapy and Radiologic Imaging Advisory Committee is hereby created.

2. The Committee consists of seven members, all of whom are voting members, appointed by the Governor. The Governor shall ensure that the members of the Committee represent the geographic diversity of this State. The Governor shall appoint to the Committee:

(a) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography.

(b) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of nuclear medicine technology.

(c) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiation therapy.

(d) One member who holds a limited license.

(e) One member who is a physician specializing in radiology.

(f) One member who is a physician specializing in an area other than radiology, or a dentist, chiropractic physician or podiatrist.

(g) One member who is certified to provide clinical professional services in a field of medical physics.

3. After the initial terms, the members of the Committee serve terms of 3 years. A vacancy on the Committee must be filled in the same manner as the initial appointment. No member may serve more than two consecutive terms.

4. Members of the Committee serve without compensation, except that each member of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

5. The Committee shall annually select a Chair from among the members appointed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, and a Vice Chair from among its members.

6. The Committee shall meet at least once each year and such other times as requested by the Administrator of the Division. The Committee may meet by telephone, videoconference or other electronic means in accordance with the provisions of chapter 241 of NRS. The Administrator shall prescribe the agenda for each meeting. The Committee may submit items to the Administrator to consider for inclusion on the agenda for a meeting.

7. The Committee shall:

(a) Recommend to the Board a national professional organization against which the scope of practice will be measured pursuant to paragraph (b) of subsection 1 of NRS 653.460; and

(b) Make such other recommendations to the Board, the Division and the Legislature concerning radiation therapy and radiologic imaging as it deems proper.

(Added to NRS by 2019, 2723)

1. The Board shall adopt regulations:

(a) Establishing the fees for the application for and the issuance and renewal of a license or limited license.

(b) Defining the scope of practice for radiologist assistants and persons who hold licenses and limited licenses. Such regulations must be at least as stringent as the scope of practice adopted by a national professional organization whose membership consists of persons licensed or certified to engage in radiation therapy or radiologic imaging. The national professional organization must be designated by the Board upon the recommendation of the Radiation Therapy and Radiologic Imaging Advisory Committee pursuant to subsection 7 of NRS 653.450.

(c) Prescribing the requirements for continuing education for the renewal of a license or limited license. Such regulations must require the holder of a license to complete more hours of continuing education than the holder of a limited license.

(d) Prescribing the qualifications of a person who is authorized to supervise the holder of a limited license, the tasks for which such supervision is required and the level of supervision required.

(e) Defining the terms “crime involving moral turpitude” and “unprofessional conduct” for the purposes of NRS 653.700.

2. The Board may adopt any other regulations necessary or convenient to carry out the provisions of this chapter.

3. At the same time that the Board provides notice pursuant to chapter 233B of NRS or NRS 241.020 of any meeting or workshop relating to the adoption of a proposed regulation pursuant to this chapter, the Board shall submit an electronic copy of the notice to the Radiation Therapy and Radiologic Imaging Advisory Committee created by NRS 653.450.

4. All money received from penalties pursuant to the provisions of this chapter must be forwarded to the State Treasurer for credit to the Fund for the Care of Sites for the Disposal of Radioactive Waste created by NRS 459.231.

5. All money received from fees pursuant to the provisions of this chapter must be used by the Division to administer the provisions of this chapter.

6. The Division shall enforce the provisions of this chapter.

(Added to NRS by 2019, 2723)

LICENSING

1. Except as otherwise provided in NRS 653.610 and 653.620, a person shall not engage in:

(a) Radiologic imaging unless he or she has obtained a license or limited license from the Division.

(b) Radiation therapy unless he or she has obtained a license from the Division.

(c) Radiation therapy or radiologic imaging which is outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to NRS 653.460.

2. A person who wishes to obtain or renew a license or limited license must apply to the Division in the form prescribed by the Division.

3. A license or limited license expires 2 years after the date on which the license was issued and must be renewed on or before that date.

4. The Division shall not issue or renew a license or limited license unless the applicant for issuance or renewal of the license or limited 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.

5. A provisional license or provisional limited license may not be renewed and expires:

(a) On the date on which the holder of the provisional license or provisional limited license is issued a license or limited license by the Division;

(b) On the date on which the application of the holder of the provisional license or provisional limited license for a license or limited license is denied by the Division; or

(c) One year after the date on which the holder of the provisional license or provisional limited license is initially employed to engage in radiation therapy or radiologic imaging.

6. A person who engages in radiation therapy or radiologic imaging in violation of the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 2019, 2724; A 2019, 2741)

NRS 653.510 License to engage in radiation therapy and radiologic imaging: Qualifications. The Division may issue a license to engage in radiation therapy and radiologic imaging to a person who:

1. Has successfully completed an educational program accredited by the Joint Review Committee on Education in Radiologic Technology, or its successor organization, the Joint Review Committee on Educational Programs in Nuclear Medicine Technology, or its successor organization, or another national accrediting organization approved by the Division; and

2. Is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography, nuclear medicine technology or radiation therapy or the Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine or meets any alternative standards prescribed by regulation of the Board.

(Added to NRS by 2019, 2725)

NRS 653.520 Limited license to engage in radiologic imaging.

1. The Division may issue a limited license to engage in radiologic imaging to a person who has completed a course of study in limited X-ray machine operation that incorporates the Limited X-Ray Machine Operator Curriculum prescribed by the American Society of Radiologic Technologists, or its successor organization, and satisfies the provisions of subsection 2.

2. A person may obtain a limited license only if the person:

(a) Has passed an examination for the limited scope of practice in radiography administered by the American Registry of Radiologic Technologists or its successor organization;

(b) If applying for a limited license in spine and extremity radiography, is certified by the American Chiropractic Registry of Radiologic Technologists or its successor organization;

(c) If applying for a limited license in podiatric radiography, is licensed as a podiatry hygienist pursuant to NRS 635.093 or certified by the American Society of Podiatric Medical Assistants or its successor organization; or

(d) If applying for a limited license in bone densitometry, is certified as a bone densitometry technologist or a certified densitometry technologist by the International Society for Clinical Densitometry, or its successor organization, or has successfully completed the examination for bone densitometry equipment operators administered by the American Registry of Radiologic Technologists or its successor organization.

3. The holder of a limited license may perform radiologic imaging only within the scope of the limited license, as described in this subsection and the regulations adopted pursuant to NRS 653.460, and under the supervision required by those regulations. The Division may issue a limited license in:

(a) Chest radiography, which authorizes the holder of the limited license to engage in radiography of the thorax, heart and lungs;

(b) Extremities radiography, which authorizes the holder of the limited license to engage in radiography of the upper and lower extremities, including the pelvic girdle;

(c) Spine and extremity radiography, which authorizes the holder of the limited license to engage in radiography of the vertebral column and the upper and lower extremities, including the pelvic girdle;

(d) Skull and sinus radiography, which authorizes the holder of the limited license to engage in radiography of the skull and face;

(e) Podiatric radiography, which authorizes the holder of the limited license to engage in radiography of the foot, ankle and lower leg below the knee;

(f) Bone densitometry, which authorizes the holder of the limited license to engage in the determination of bone mass by measuring the absorption of radiation in the bone; or

(g) Any combination thereof.

4. The holder of a limited license shall not perform procedures using contrast media, nuclear medicine or radiation therapy.

5. As used in this section:

(a) “Bone densitometry” means the quantitative assessment of bone mass using single or dual energy X-ray absorptiometry.

(b) “Radiography” has the meaning ascribed to it in NRS 457.182.

(Added to NRS by 2019, 2725)

NRS 653.530 Expedited license or limited license by endorsement: Requirements; procedure for issuance.

1. The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this section to an applicant who meets the requirements set forth in this section.

2. An applicant for a license by endorsement or a limited license by endorsement pursuant to this section must submit to the Division an application in the form prescribed by the Division and:

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

(1) If applying for a license to engage in radiation therapy and radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiation therapy and radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

(2) If applying for a limited license to engage in radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

(3) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

(4) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

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

3. Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving the application.

(Added to NRS by 2019, 2726)

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

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

(3) 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;

(4) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

(5) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

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

3. Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or a limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.

4. At any time before making a final decision, the Division may grant a provisional license authorizing an applicant to engage in radiation therapy and radiologic imaging or a provisional limited license authorizing an applicant to engage in radiologic imaging, as applicable, in accordance with regulations adopted by the Division.

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

(Added to NRS by 2019, 2727)

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

(a) An applicant for the issuance of a license or limited license shall include the social security number of the applicant in the application submitted to the Division.

(b) An applicant for the issuance or renewal of a license or limited license shall submit to the Division 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 Division 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 limited license; or

(b) A separate form prescribed by the Division.

3. A license or limited license may not be issued or renewed by the Division 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 Division 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 2019, 2728)

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

(b) A separate form prescribed by the Division.

3. A license or limited license may not be issued or renewed by the Division if the applicant:

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

(Added to NRS by 2019, 2728; A 2019, 2742, 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)

PRACTICE

NRS 653.600 Radiologist assistant: Qualifications for practice; authorized services; prohibition; penalty.

1. The holder of a license may practice as a radiologist assistant if the holder is:

(a) Certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography and is registered as a radiologist assistant by that entity; or

(b) Certified by the Certification Board for Radiology Practitioner Assistants.

2. In addition to the duties that the holder of a license is authorized to perform by the regulations adopted pursuant to NRS 653.460, a radiologist assistant:

(a) May perform any duty relating to the care and management of patients, including, without limitation, radiologic imaging and interventional procedures guided by radiologic imaging, under the supervision of a radiologist.

(b) May provide initial observations concerning the images of a patient to a supervising physician who specializes in radiology.

3. A person who practices as a radiologist assistant without meeting the requirements of subsection 1 is guilty of a misdemeanor.

(Added to NRS by 2019, 2728)

1. A person who does not meet the requirements of NRS 653.500 may, without compensation, engage in radiation therapy or radiologic imaging under the direct supervision of a physician, dentist, chiropractic physician or podiatrist or a person who holds a license for the purpose of qualifying for any certification required to obtain a license or a limited license.

2. A holder of a license or limited license may engage in radiation therapy or radiologic imaging outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to NRS 653.460 if:

(a) Necessary to qualify for certification by a national accrediting organization in that area; and

(b) The licensee registers with the Division before engaging in such activity.

3. The Division may issue a temporary student license to a person who is enrolled in a program to qualify for any certification that is required to obtain a license or limited license. A holder of a temporary student license may engage in any activity described in subsection 1 for compensation.

4. A temporary student license may not be renewed and expires on the earlier of:

(a) The date on which the holder of the temporary student license is issued a license or limited license by the Division;

(b) The date on which the application of the holder of the temporary student license for a license or limited license is denied by the Division; or

(c) One year after the date on which the holder of the temporary student license is initially employed to engage in radiation therapy or radiologic imaging.

(Added to NRS by 2019, 2729)

NRS 653.620 Taking X-ray photographs: Requirements; registration.

1. A person who does not hold a license or limited license may take X-ray photographs under the supervision of a physician or physician assistant as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center described in subsection 2 if the person:

(a) Registers with the Division in the form prescribed by the Division;

(b) Submits to the Division proof that he or she has completed training in radiation safety and proper positioning for X-ray photographs provided by the holder of a license; and

2. A person described in subsection 1 may take X-ray photographs as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center that:

(a) Is located in a county whose population is less than 55,000; and

(b) Has established a quality assurance program for X-ray photographs that meets the requirements prescribed by regulation of the Division.

3. A person who performs computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, may continue to perform any such activity on and after that date without complying with the requirements of NRS 653.630 or 653.640, as applicable, if he or she:

(a) Registers with the Division in the form prescribed by the Division;

(b) Provides any information requested by the Division; and

4. As used in this section:

(a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

(b) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).

(Added to NRS by 2019, 2729)

NRS 653.630 Computed tomography: Requirements; registration; penalty.

1. A person shall not perform computed tomography except as authorized by this section and NRS 653.620.

2. Except as otherwise provided in this section, a holder of a license may only perform computed tomography within his or her scope of practice, as authorized by the regulations adopted pursuant to NRS 653.460, if he or she:

(a) Is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of nuclear medicine technology or radiation therapy and has received training approved by the Division as being sufficient to enable the holder of the license to properly perform computed tomography;

(b) Is certified by the Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine and has received training approved by the Division as being sufficient to enable the holder of the license to properly perform computed tomography; or

3. A holder of a license who is certified by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography may perform computed tomography.

4. A holder of a license who does not satisfy the requirements of subsection 2 or 3 may perform computed tomography if he or she:

(a) Performs computed tomography to qualify for certification by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography; and

(b) Registers with the Division before performing computed tomography.

5. A person who performs computed tomography in violation of this section is guilty of a misdemeanor.

(Added to NRS by 2019, 2730; A 2021, 2737)

NRS 653.640 Fluoroscopy: Requirements; penalty.

1. A person shall not perform fluoroscopy except as authorized in this section and NRS 653.620.

2. A holder of a license may perform fluoroscopy:

(a) If he or she is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiation therapy or radiography or has completed other appropriate training or holds another appropriate credential approved by the Division;

(b) Only within the scope of his or her practice; and

3. A person who performs fluoroscopy in violation of this section is guilty of a misdemeanor.

(Added to NRS by 2019, 2730; A 2021, 2738)

DISCIPLINARY AND OTHER ACTIONS

NRS 653.700 Grounds for denial, suspension, revocation or refusal to renew license or limited license or to impose practice limitations or civil penalty; reinstatement of revoked license.

1. The Division may deny, suspend, revoke or refuse to renew a license or limited license issued pursuant to the provisions of this chapter, impose limitations on the practice of a holder of such a license or limited license or impose a civil penalty of up to $1,000 per violation if a person:

(a) Obtains a license or limited license through fraud, misrepresentation or concealment of material facts;

(b) Engages in unprofessional conduct, as defined by the regulations adopted pursuant to NRS 653.460;

(c) Is convicted of a crime involving moral turpitude, as defined by the regulations adopted pursuant to NRS 653.460, or any crime which indicates that the person is unfit to engage in radiation therapy or radiologic imaging;

(d) Violates any provision of this chapter or any regulations adopted pursuant thereto;

(e) Is guilty of malpractice, gross negligence or incompetence while engaging in radiation therapy or radiologic imaging;

(f) Engages in conduct that could result in harm to a member of the public; or

(g) Has disciplinary action imposed in another jurisdiction against a license or certificate of the person that is equivalent to a license or limited license issued pursuant to this chapter.

2. At least 2 years after the date on which the license or limited license of a person is revoked, the person may apply to the Division for reinstatement of the license, which is within the discretion of the Division.

(Added to NRS by 2019, 2731)

1. If the Division 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 limited license, the Division shall deem the license or limited license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license or limited license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or limited license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a license or limited license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or limited license was suspended stating that the person whose license or limited license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2019, 2732)

NRS 653.720 Filing of complaint; investigation; retention of complaints; notice and hearing; subpoenas; written decisions; delegation of authority to take disciplinary action; judicial review.

1. The Division may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who engages in radiation therapy or radiologic imaging.

2. A person may file a complaint anonymously pursuant to subsection 1. The Division may refuse to consider such a complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

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

4. Before initiating proceedings to impose disciplinary action, the Division shall notify the accused person in writing of the charges. Such notice may be served by personal delivery to the accused person or by mailing it by registered or certified mail to the place of business last specified as noted in the records of the Division.

5. In any proceeding to impose disciplinary action, the Division shall afford an opportunity for a hearing on the record upon the request of the accused person. The Division may compel the attendance of witnesses or the production of documents or objects by subpoena.

6. The Division shall render a written decision at the conclusion of each hearing, and the record and decision in each hearing must be made available for inspection by any interested person.

7. The Division may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter. Any disciplinary action taken by the hearing officer or panel is subject to the same procedural requirements applicable to the Division pursuant to subsection 6, and the officer or panel has those powers and duties given to the Division in relation thereto.

8. A decision imposing disciplinary action pursuant to this section is a final decision for the purposes of judicial review.

(Added to NRS by 2019, 2731)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 653.900 Inspection of property; request for information; confidentiality of reports of investigation or inspection and requested information.

1. Except as otherwise provided in this section, any authorized representative of the Division may:

(a) Enter and inspect at any reasonable time any private or public property on which radiation therapy or radiologic imaging is conducted for the purpose of determining whether a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred or is occurring. The owner, occupant or person responsible for such property shall permit such entry and inspection. An owner, occupant or person responsible for such property who fails to permit such entry and inspection is guilty of a misdemeanor.

(b) Request any information necessary to ensure that any person who engages in radiation therapy or radiologic imaging meets any requirements specified by this chapter concerning the radiation therapy or radiologic imaging in which the person engages.

2. An authorized representative of the Division may only enter an area that is subject to the jurisdiction of the Federal Government if the authorized representative obtains the consent of the Federal Government or its duly designated representative.

3. Any report of an investigation or inspection conducted pursuant to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

(Added to NRS by 2019, 2730; A 2019, 2743)

NRS 653.910 Injunctive relief.

1. The Division or the Attorney General may maintain in any court of competent jurisdiction a suit to enjoin any person from violating a provision of this chapter or any regulations adopted pursuant thereto.

2. Such an injunction:

(a) May be issued without proof of actual damage sustained by any person as a preventive or punitive measure.

(b) Does not relieve any person from any other legal action.

(Added to NRS by 2019, 2732)