NAC: CHAPTER 637B - AUDIOLOGISTS, SPEECH-LANGUAGE PATHOLOGISTS AND HEARING AID SPECIALISTS

[Rev. 6/21/2024 5:25:09 PM]

[NAC-637B Revised Date: 6-24]

CHAPTER 637B - AUDIOLOGISTS, SPEECH-LANGUAGE PATHOLOGISTS AND HEARING AID SPECIALISTS

GENERAL PROVISIONS

637B.001 Definitions.

637B.0015 “Applicant” defined.

637B.003 “Client” defined.

637B.0045 “Licensee” defined.

637B.008 “Standard license” defined.

637B.011 Authority to use designation related to degree of doctor of audiology.

637B.014 Applicability of provisions to person who holds credential issued by Department of Education.

SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING BOARD

637B.025 Executive Director and staff: Appointment; duties; salary.

637B.030 Schedule of fees.

ADVISORY COMMITTEE ON FITTING AND DISPENSING HEARING AIDS

637B.033 Creation; number of members; terms; reappointment.

637B.034 Membership; qualifications; chair; duties; quorum; compensation.

LICENSING; APPRENTICES

637B.035 Application: Payment of fee.

637B.0355 Application: Attachment of transcript and other proof of qualifications; provision of additional information.

637B.0356 Application: Proof of passage of examination concerning laws and regulations relevant to practice area.

637B.036 Expiration and renewal of standard or provisional license; combined application for renewal of license as audiologist and speech-language pathologist.

637B.0363 Renewal of provisional license to engage in practice of fitting and dispensing hearing aids.

637B.0364 Retroactive renewal of standard or provisional license.

637B.0365 Reinstatement: Application; proof of completion of continuing education and certification; fees; deadline for submission of application.

637B.0368 Conversion of standard license to inactive status; duty of holder of inactive license to obtain continuing education; renewal of inactive license; conversion of inactive license to active status.

637B.037 Application for license expired 3 years or more.

637B.0373 Examination for license to engage in practice of fitting and dispensing hearing aids: Contents; eligibility; passing score; authorization to retake upon payment of fee.

637B.0374 Temporary license to engage in practice of fitting and dispensing hearing aids issued to hearing aid specialist or dispensing audiologist: Requirement to take examination; renewal; expiration.

637B.0375 Alteration of license or license card prohibited.

637B.038 Practice under any name under which licensee does not hold license prohibited; change of name; issuance of duplicate license.

637B.0382 Practice without license: Issuance of citation; assessment of administrative fine; appeal of citation; hearing; waiver of administrative fine.

637B.0385 Information to be maintained with Board; notices provided to licensee by Board.

637B.039 Verification of license by Board upon request of licensee.

637B.0391 In-service training for apprentices: General requirements; direct supervision; exemption from participation; credit for apprentice whose license has expired and is reinstated.

637B.0392 In-service training for apprentices: Contents and approval of academic training; maintenance of list of approved programs.

637B.0394 In-service training for apprentices: Requirements for on-site training and work experience; core competencies; review and documentation of progress; report and proof of compliance.

637B.0396 Qualifications to act as sponsor of apprentice; limitation on number of apprentices or sponsors.

637B.0398 Duties of sponsor; review of work; direct supervision not required for certain duties; prohibition on operating office or satellite office without approval of Board.

PROFESSIONAL CONDUCT AND STANDARDS OF PRACTICE

637B.042 Professional responsibility.

637B.044 Responsibility to client.

637B.0442 Delegation of duties by hearing aid specialist or dispensing audiologist to unlicensed office assistant, aide or technician.

637B.0444 Requirements concerning waiver by client of medical evaluation.

637B.0446 Case history and minimum procedures required for prospective candidate for hearing aid; exception.

637B.0448 Duties of hearing aid specialist or dispensing audiologist concerning hearing aid he or she sells or fits.

637B.045 Preparation and retention of health care records and other records.

637B.046 Grounds for disciplinary action: Unprofessional conduct.

637B.048 Grounds for disciplinary action: “Professional incompetence” interpreted.

CONTINUING EDUCATION

637B.400 Requirements for renewal of standard or provisional license; records; audits; excess credits may not be carried forward.

637B.403 Requirements for holder of standard or provisional license; exception for first renewal of license.

637B.420 Acceptable activities, courses, seminars, workshops and similar functions; limitations on credit; written request for approval of other continuing education.

637B.430 Waiver of requirements; additional time for completion if waiver not granted.

PRACTICE BEFORE THE BOARD

637B.700 Address for written communications and documents to Board.

637B.705 Board authorized to act on own motion; petition to request adoption, amendment or repeal of regulation or for formal hearing; contents and filing of petition.

637B.710 Petition for declaratory order or advisory opinion: Submission.

637B.715 Petition for declaratory order or advisory opinion: Meeting and decision by Board; service of denial and other correspondence.

637B.720 Filing or initiation of complaint against licensee; contents; review; complaint filed against apprentice.

637B.730 Conduct of hearing in contested case.

637B.735 Recovery of attorney’s fees and costs.

637B.740 Fees and reimbursement for mileage for witnesses.

GENERAL PROVISIONS

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, former NAC 637B.0025 contained definitions that were deemed duplicative of those set forth in NRS 637B.030 and was removed from chapter 637B of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”

NAC 637B.001 Definitions. (NRS 637B.132) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 637B.0015 to 637B.008, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, 2-27-2018)

NAC 637B.0015 “Applicant” defined. (NRS 637B.150) “Applicant” means a person who applies for any privilege, license, approval or authority from the Board.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

NAC 637B.003 “Client” defined. (NRS 637B.132) “Client” means a person who receives services from an audiologist, speech-language pathologist or hearing aid specialist.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0045 “Licensee” defined. (NRS 637B.132) “Licensee” means any person who holds a license as an audiologist, speech-language pathologist or hearing aid specialist pursuant to chapter 637B of NRS.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.008 “Standard license” defined. (NRS 637B.132) “Standard license” means a license to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids that is not a provisional license, a temporary license or a limited license.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, eff. 4-4-2016 & R129-15, eff. 6-28-2016)

NAC 637B.011 Authority to use designation related to degree of doctor of audiology. (NRS 637B.150) A person who has obtained a degree of doctor of audiology from an accredited college or university may refer to himself or herself as a “doctor of audiology” and use the corresponding initials “Au.D” or “Ph.D.”

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)

NAC 637B.014 Applicability of provisions to person who holds credential issued by Department of Education. (NRS 637B.080, 637B.132)

1. Except as otherwise provided in subsection 2, for the purposes of subsection 1 of NRS 637B.080, the provisions of chapter 637B of NRS do not apply to a person who holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto who engages in the practice of audiology or speech-language pathology, as applicable, within the scope of that credential if the person:

(a) Holds an active teacher’s license issued pursuant to chapter 391 of NRS and an endorsement to teach pupils who have hearing impairments or to teach pupils who have speech and language impairments;

(b) Is employed by a public educational institution; and

(c) Does not engage in the practice of audiology or speech-language pathology as an independent contractor or provide services in the private practice of audiology or speech-language pathology.

2. If a person who holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto also holds a valid license to engage in the practice of audiology or the practice of speech-language pathology pursuant to the provisions of chapter 637B of NRS and any regulations adopted pursuant thereto, such a person is subject to the provisions of chapter 637B of NRS and any regulations adopted pursuant thereto to the extent that he or she engages in the practice of audiology or speech-language pathology as an independent contractor or provides services in the private practice of audiology or speech-language pathology.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R095-19, eff. 6-8-2020)

SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING BOARD

NAC 637B.025 Executive Director and staff: Appointment; duties; salary. (NRS 637B.150) The Board may:

1. Appoint an Executive Director and employ such staff as it deems necessary to carry out its duties;

2. Establish the duties of the Executive Director and the staff; and

3. Fix the salaries of the Executive Director and the staff.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014)

NAC 637B.030 Schedule of fees. (NRS 637B.132, 637B.175) The Board will charge and collect the following fees:

Application fee...................................................................................................................... $150

Fee for a standard license or provisional license.................................................................... 100

Fee for a temporary license....................................................................................................... 50

Fee for a limited license............................................................................................................ 25

Fee for renewal of a standard license or provisional license.................................................. 100

Fee for renewal of a temporary license..................................................................................... 50

Reinstatement fee for a standard license or provisional license expired 30 days or more 100

Reinstatement fee for a standard license or provisional license expired less than 30 days...................................................................................................................................... 75

Examination fee...................................................................................................................... 200

Fee for converting to a different type of license....................................................................... 50

Fee for each additional license or endorsement........................................................................ 50

Fee for obtaining license information....................................................................................... 50

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 6-20-90; A 11-15-95; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

ADVISORY COMMITTEE ON FITTING AND DISPENSING HEARING AIDS

NAC 637B.033 Creation; number of members; terms; reappointment. (NRS 637B.132) The Advisory Committee on Fitting and Dispensing Hearing Aids is hereby created. The Committee consists of not less than three and not more than five members appointed by the Board for a term of 2 years. Members may be reappointed to serve additional terms at the discretion of the Board.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

NAC 637B.034 Membership; qualifications; chair; duties; quorum; compensation. (NRS 637B.132)

1. The Advisory Committee on Fitting and Dispensing Hearing Aids is composed of the following members:

(a) At least two members of the Board, one of whom must represent dispensing audiologists and one of whom must represent hearing aid specialists; and

(b) Not more than three additional members who are dispensing audiologists or hearing aid specialists or any combination thereof.

2. Each member of the Committee must be a dispensing audiologist or hearing aid specialist licensed pursuant to chapter 637B of NRS, as applicable, at the time of his or her appointment and must maintain current licensure with the Board.

3. The Committee shall select a Chair from among the members of the Committee who are members of the Board.

4. The Committee shall make recommendations to the Board on all matters relating to the fitting and dispensing of hearing aids, including, without limitation:

(a) Regulations governing the fitting and dispensing of hearing aids;

(b) A program of apprenticeship for the fitting and dispensing of hearing aids;

(c) Examinations and passing scores for written and practical examinations for the fitting and dispensing of hearing aids; and

(d) Investigations of complaints relating to the fitting and dispensing of hearing aids.

5. A quorum of the Committee is three members, at least one of whom must be a member of the Board.

6. Each member of the Committee who is not a member of the Board serves without compensation.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

LICENSING; APPRENTICES

NAC 637B.035 Application: Payment of fee. (NRS 637B.132, 637B.160, 637B.175, 637B.191, 637B.194)

1. Any person seeking licensure by the Board or seeking to renew, reinstate or change the type of a license issued by the Board must submit a completed application on a form provided by the Board.

2. Each application submitted pursuant to subsection 1 must be accompanied by payment of any fee prescribed by NAC 637B.030.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by R034-13, 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0355 Application: Attachment of transcript and other proof of qualifications; provision of additional information. (NRS 637B.132, 637B.160, 637B.191, 637B.194)

1. An applicant who is required to provide the Board with:

(a) An official transcript from an educational program shall ensure that a sealed, official transcript is:

(1) Attached to his or her application; or

(2) Sent directly from the educational program to the Board.

(b) Proof satisfactory of his or her certification by the American Board of Audiology, the American Speech-Language-Hearing Association or the National Board for Certification in Hearing Instrument Sciences, or a successor organization, shall ensure that a copy of the certification is:

(1) Attached to his or her application; or

(2) Sent directly from the certifying organization to the Board.

(c) Proof of a license obtained in another state, territory or country shall provide such proof for any license presently held and any license held during the 5 years immediately preceding the date of application.

2. If an applicant is required to pass an examination or complete continuing education for the issuance, renewal, reinstatement or to change the type of a license, the applicant must provide to the Board with his or her application proof that he or she has passed the examination or completed the continuing education, as applicable.

3. An applicant shall include with his or her application any additional information that the Board may require.

4. After an application is submitted to the Board, the Board may require an applicant to provide additional information or appear before the Board or one of its members for an oral interview before issuing, renewing, reinstating or converting the status of a license.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0356 Application: Proof of passage of examination concerning laws and regulations relevant to practice area. (NRS 637B.132, 637B.160, 637B.191, 637B.194) The Board may require an applicant for any category of license issued by the Board to submit with his or her application for licensure proof that the applicant has passed an examination that tests the familiarity of the applicant with the provisions of this chapter and chapter 637B of NRS and all other federal laws and regulations relevant to the practice area for which the applicant is applying.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R095-19, eff. 6-8-2020)

NAC 637B.036 Expiration and renewal of standard or provisional license; combined application for renewal of license as audiologist and speech-language pathologist. (NRS 637B.132, 637B.160, 637B.191, 637B.194)

1. Each standard and provisional license issued by the Board, including, without limitation, each standard license that has been converted to inactive status, expires 1 year after the date on which the license was issued.

2. An application to renew a license will not be approved unless the application is submitted not later than 30 days after the date on which the license expired.

3. An application for renewal of a license as an audiologist and a license as a speech-language pathologist may be submitted on a single application.

4. An application for the renewal of a provisional license as a hearing aid specialist for a second time must include proof that the licensee has applied to take the National Competency Examination administered by the National Board for Certification in Hearing Instrument Sciences, or its successor organization, or another comparable examination approved by the Board.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0363 Renewal of provisional license to engage in practice of fitting and dispensing hearing aids. (NRS 637B.132, 637B.191, 637B.194)

1. Except as otherwise provided in subsection 2, the Board may renew a provisional license to engage in the practice of fitting and dispensing hearing aids, which has been issued to a person pursuant to NRS 637B.201, if the person has not:

(a) Completed the training required for certification by the National Board for Certification in Hearing Instrument Sciences;

(b) Achieved a passing score on the National Competency Examination administered by the National Board for Certification in Hearing Instrument Sciences, or its successor organization, or another comparable examination approved by the Board; or

(c) Completed the training pursuant to paragraph (a) and achieved a passing score on the examination pursuant to paragraph (b).

2. The Board will not renew a provisional license which has been issued to a person who has:

(a) Completed the training required for certification by the National Board for Certification in Hearing Instruments Sciences; and

(b) Failed to apply to take the National Competency Examination administered by the National Board for Certification in Hearing Instrument Sciences, or its successor organization, or another comparable examination approved by the Board, at least 60 days before the expiration of the provisional license.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R140-17, eff. 5-16-2018)

NAC 637B.0364 Retroactive renewal of standard or provisional license. (NRS 637B.132, 637B.191, 637B.194) A standard license or provisional license that has been expired less than 30 days may be renewed retroactively to the date of expiration of the license if the licensee satisfies all requirements for renewal of the license and pays the reinstatement fee prescribed by NAC 637B.030.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0365 Reinstatement: Application; proof of completion of continuing education and certification; fees; deadline for submission of application. (NRS 637B.132, 637B.160, 637B.175, 637B.191, 637B.194)

1. An applicant for reinstatement of his or her license shall include with the application for reinstatement:

(a) Proof satisfactory that the applicant has completed the continuing education that is required of a licensee for the year immediately preceding the application for reinstatement.

(b) The fees imposed by the Board pursuant to NRS 637B.175 for the reinstatement of a license.

(c) Proof satisfactory of his or her certification by the American Board of Audiology, the American Speech-Language-Hearing Association or the National Board for Certification in Hearing Instrument Sciences or a successor organization, as applicable.

2. The reinstatement of a license that has been expired for 30 days or more must not be retroactive.

3. An application to reinstate a license must be submitted not later than 3 years after the date on which the license expired.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0368 Conversion of standard license to inactive status; duty of holder of inactive license to obtain continuing education; renewal of inactive license; conversion of inactive license to active status. (NRS 637B.132, 637B.191, 637B.194)

1. A licensee who holds a standard license that is not suspended, revoked or otherwise restricted may convert his or her license to inactive status by submitting with his or her application to renew the license:

(a) A written request to convert the license to inactive status; and

(b) An attestation that he or she will no longer practice or represent to others that he or she is authorized to engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State after the license has been converted to inactive status.

2. A licensee who holds a standard license that is on inactive status shall comply with the requirements for continuing education that apply to a licensee who holds a standard license that is on active status.

3. A standard license that is on inactive status must be renewed in the manner prescribed in NAC 637B.035, 637B.0355 and 637B.036.

4. A person may convert the status of a standard license from inactive to active at any time by submitting to the Board a written request, an application pursuant to NAC 637B.035 and any materials required pursuant to NAC 637B.0355.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, eff. 4-4-2016)

NAC 637B.037 Application for license expired 3 years or more. (NRS 637B.150) If a person’s license has been expired for 3 years or more, he or she must apply for a license as an applicant for an original license.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014)

NAC 637B.0373 Examination for license to engage in practice of fitting and dispensing hearing aids: Contents; eligibility; passing score; authorization to retake upon payment of fee. (NRS 637B.132, 637B.175, 637B.191, 637B.194)

1. The examination prescribed by the Board pursuant to NRS 637B.194 must consist of a written portion and a practical portion. The examination may also include a portion that tests the familiarity of an applicant with the provisions of this chapter and chapter 637B of NRS and all other federal laws and regulations relevant to the practice of fitting and dispensing hearing aids in this State.

2. To be eligible to take the examination set forth in subsection 1, an applicant must:

(a) File a completed application with the Executive Director of the Board; and

(b) Pay the examination fee prescribed by NAC 637B.030.

3. The Board will establish the passing score for the examination set forth in subsection 1.

4. If an applicant does not achieve a passing score on the examination set forth in subsection 1, as established by the Board pursuant to subsection 3, he or she may retake the examination not sooner than 30 days after the date of the previous examination upon payment of the examination fee prescribed by NAC 637B.030.

5. The Board may approve and accept a passing score obtained on a written examination taken within the immediately preceding 12 months if the examination taken by the applicant was substantially the same as the written portion of the examination prescribed by the Board.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016; A by R095-19, 6-8-2020)

NAC 637B.0374 Temporary license to engage in practice of fitting and dispensing hearing aids issued to hearing aid specialist or dispensing audiologist: Requirement to take examination; renewal; expiration. (NRS 637B.132, 637B.191, 637B.194)

1. A hearing aid specialist or dispensing audiologist must take the written portion and the practical portion of the examination concerning the practice of fitting and dispensing hearing aids prescribed pursuant to NRS 637B.194 and NAC 637B.0373 within 6 months after the Board issues a temporary license to engage in the practice of fitting and dispensing hearing aids to the hearing aid specialist or dispensing audiologist pursuant to NRS 637B.200.

2. Except as otherwise provided in subsection 3, the Board will renew a temporary license to engage in the practice of fitting and dispensing hearing aids, which has been issued to a hearing aid specialist or dispensing audiologist pursuant to NRS 637B.200, for an additional 6 months if the hearing aid specialist or dispensing audiologist has:

(a) Taken the examination required pursuant to subsection 1; and

(b) Not achieved a passing score on the written portion or the practical portion of the examination.

3. If a hearing aid specialist or dispensing audiologist does not take the examination required pursuant to subsection 1 within the prescribed time, the temporary license expires and will not be renewed or reissued by the Board.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R140-17, eff. 5-16-2018)

NAC 637B.0375 Alteration of license or license card prohibited. (NRS 637B.150) A licensee shall not alter a license or license card issued by the Board.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014)

NAC 637B.038 Practice under any name under which licensee does not hold license prohibited; change of name; issuance of duplicate license. (NRS 637B.132, 637B.194)

1. A licensee shall not engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids under any name under which the licensee does not hold a license issued by the Board.

2. If a licensee changes his or her legal name after the issuance of his or her license, the licensee shall submit a copy of a marriage certificate or court decree to the Board not later than 30 days after the change. The Board will, upon receiving sufficient evidence that a licensee has changed his or her legal name, issue a new license with the licensee’s legal name thereon.

3. The Board may issue a duplicate license to any licensee who certifies that his or her license has been lost or destroyed.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)

NAC 637B.0382 Practice without license: Issuance of citation; assessment of administrative fine; appeal of citation; hearing; waiver of administrative fine. (NRS 637B.132, 637B.290)

1. If a person has engaged or is engaging in the practice of audiology, the practice of speech-language pathology or the practice of fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of chapter 637B of NRS, the Board will issue and serve on the person a citation that contains an order for the person to cease and desist as authorized by NRS 637B.290.

2. A citation issued pursuant to subsection 1 may include the assessment of an administrative fine against the person to whom the citation is issued. If an administrative fine is assessed against a person to whom a citation is issued, such an administrative fine must be:

(a) If unauthorized practice occurred over a period of 30 days or less, not less than $50 or more than $200.

(b) If the unauthorized practice occurred over a period of more than 30 days, not less than $200 or more than $5,000.

3. A person to whom a citation is issued pursuant to subsection 1 may appeal the citation by submitting a written request for a hearing to the Board. The written request for a hearing must be submitted to the Board not later than 30 days after the date on which the citation was issued. Upon receipt of a written request for a hearing, the Board will conduct a hearing on the citation. At the conclusion of the hearing, the Board may waive any administrative fine assessed against the person to whom the citation was issued if:

(a) The administrative fine was assessed for a first offense;

(b) The unauthorized practice for which the administrative fine was assessed occurred due to a failure by the person to renew his or her license in a timely manner pursuant to NAC 637B.036 and the license was reinstated not later than 60 days after the date on which the license expired; or

(c) The Board determines that good cause exists. As used in this paragraph, “good cause” includes, without limitation, circumstances under which a person suffers from an illness, injury or disability, experiences a family hardship or is subject to other circumstances beyond the person’s control as may be determined by the Board.

4. If a person against whom a citation has been issued pursuant to subsection 1 submits a written request for a hearing to the Board and the written request seeks a waiver of any administrative fine assessed against the person, the person who submits such a written request must include with the request proof necessary to demonstrate the existence of one or more of the circumstances justifying the waiver of the administrative fine as set forth in subsection 3.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R095-19, eff. 6-8-2020)

NAC 637B.0385 Information to be maintained with Board; notices provided to licensee by Board. (NRS 637B.150)

1. Each licensee shall:

(a) Maintain with the Board the licensee’s current residential address, business address or other contact information, including, without limitation, the telephone number and electronic mail address of the licensee, if available.

(b) Notify the Board of any change in the information maintained pursuant to paragraph (a) not later than 30 days after the change.

2. Except as otherwise provided in subsection 3, the Board will provide by United States mail to the last known residential address of the licensee provided pursuant to paragraph (a) of subsection 1 any notice to a licensee that is required by law or regulation.

3. The Board may provide a notice to a licensee by electronic mail upon the prior written consent of the licensee.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014)

NAC 637B.039 Verification of license by Board upon request of licensee. (NRS 637B.150) A person may request that the Board verify his or her license to another organization or to the licensing authority of another state or territory of the United States by submitting a written request for verification to the Board.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R034-13, eff. 3-28-2014)

NAC 637B.0391 In-service training for apprentices: General requirements; direct supervision; exemption from participation; credit for apprentice whose license has expired and is reinstated. (NRS 637B.132, 637B.194, 637B.235)

1. Except as otherwise provided in subsection 3, the in-service training of a person who has been issued an apprentice license by the Board pursuant to NRS 637B.195 must consist of:

(a) An academic portion, as set forth in NAC 637B.0392; and

(b) An on-site training and work experience portion which is competency-based, as set forth in NAC 637B.0394.

2. An apprentice shall participate in the in-service training set forth in subsection 1 under the direct supervision of a sponsor for a minimum of 2 years and, in accordance with NRS 637B.238, may not serve as an apprentice for more than 3 years without passing the examination set forth in NAC 637B.0373.

3. An apprentice is not required to participate in the in-service training required by this section if the apprentice:

(a) Holds an associate’s degree in hearing instrument sciences which is approved by the National Board for Certification in Hearing Instrument Sciences; or

(b) Successfully completes a program of education or training in hearing instrument sciences which is approved by the Board.

4. If approved by the Board, an apprentice whose license as an apprentice expired but is reinstated may receive credit for not more than 2 years of in-service training completed during the initial license period.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016; A by R140-17, 5-16-2018; R095-19, 6-8-2020)

NAC 637B.0392 In-service training for apprentices: Contents and approval of academic training; maintenance of list of approved programs. (NRS 637B.132, 637B.194, 637B.235)

1. The academic portion of the in-service training of an apprentice required by NAC 637B.0391 must be specific to the training and education necessary to perform competently the duties and responsibilities necessary for the practice of fitting and dispensing hearing aids and must include, without limitation, training and education concerning:

(a) Laws and rules relating to ethics;

(b) Federal laws and rules governing hearing aids;

(d) Basic hearing science;

(e) Hearing instrument science and fitting practices; and

(f) Audiometric testing and masking.

2. Except as otherwise provided in subsection 3, a customized program of academic training and a proposed curriculum must be submitted to the Board for evaluation and approval.

3. A program of academic training accepted by the National Board for Certification in Hearing Instrument Sciences, the International Hearing Society or an accredited institution of higher education that meets the minimum requirements of subsection 1 does not require the approval of the Board.

4. The Board will maintain a list of approved programs of academic training.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0394 In-service training for apprentices: Requirements for on-site training and work experience; core competencies; review and documentation of progress; report and proof of compliance. (NRS 637B.132, 637B.194, 637B.235)

1. The on-site training and work experience portion of the in-service training of an apprentice required by NAC 637B.0391 must consist of a minimum of 16 hours per week and 30 weeks per year and may be completed in conjunction with the academic portion of the in-service training set forth in NAC 637B.0392.

2. The on-site training and work experience portion must include, without limitation, the evaluation of the apprentice’s achievement of core competencies concerning:

(a) Sanitation protocols;

(b) The identification and documentation of the needs of a client;

(d) Audiometric testing;

(e) The results of hearing evaluations;

(f) Ear impressions, preparations and molds;

(g) Physical and electronic checks of hearing aids;

(h) The fitting, programming, troubleshooting, adjusting and repairing of hearing aids; and

(i) Client documentation.

3. An apprentice and his or her sponsor shall jointly:

(a) Review the progress of the apprentice in achieving each core competency set forth in subsection 2; and

(b) Document the proficiency of the apprentice in each core competency, by signature and date, on a form provided by the Board.

4. The Board may require a sponsor to provide to the Board:

(a) A report on the training of and core competencies achieved by an apprentice; and

(b) Proof of compliance with the supervisory responsibilities of the sponsor.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0396 Qualifications to act as sponsor of apprentice; limitation on number of apprentices or sponsors. (NRS 637B.132, 637B.194, 637B.235)

1. To be eligible to act as a sponsor of an apprentice, a hearing aid specialist or dispensing audiologist must:

(a) Hold a standard license that is on active status;

(b) Have experience as a hearing aid specialist or dispensing audiologist for a minimum of 3 years;

(c) Be employed by the same employer as the apprentice during the term of the on-site training and work experience portion of the in-service training of the apprentice; and

(d) Be in good standing with the Board and have no record of disciplinary action.

2. A hearing aid specialist or dispensing audiologist shall not sponsor more than two apprentices at one time, and an apprentice shall not have more than two sponsors at one time.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016; A by R095-19, 6-8-2020)

NAC 637B.0398 Duties of sponsor; review of work; direct supervision not required for certain duties; prohibition on operating office or satellite office without approval of Board. (NRS 637B.132, 637B.194, 637B.235)

1. A sponsor of an apprentice shall:

(a) Except as otherwise provided in subsection 3, provide direct supervision to the apprentice;

(b) Determine the competency level of the apprentice to perform tasks relating to fitting and dispensing hearing aids;

(d) Document the training provided to and the direct supervision of the apprentice; and

(e) Provide written notification to the Board if:

(1) The apprentice is no longer under the sponsorship of the sponsor;

(2) The apprentice withdraws from or terminates his or her in-service training;

(3) The sponsor withdraws as a sponsor for the apprentice;

(4) The apprentice has completed 1 year of in-service training under the direct supervision of the sponsor and the sponsor believes that the apprentice is competent to work without physical on-site supervision; or

(5) The apprentice successfully completes all the requirements for in-service training.

2. All work completed by an apprentice must be reviewed daily and signed by the sponsor and the apprentice.

3. An apprentice is not required to be under the direct supervision of a sponsor when performing any of the duties that may be delegated to an office assistant, aide or technician pursuant to subsection 1 of NAC 637B.0442.

4. An apprentice shall not maintain, run or operate an office or a satellite office in which hearing aids are fitted and dispensed without the approval of the Board.

5. As used in this section, “direct supervision” means:

(a) During the first year of the in-service training of an apprentice, being physically on-site at the same location as the apprentice.

(b) After the first year of the in-service training of an apprentice and upon attaining the approval of the Board, daily communication with the apprentice without the requirement of being physically on-site at the same location as the apprentice.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

PROFESSIONAL CONDUCT AND STANDARDS OF PRACTICE

NAC 637B.042 Professional responsibility. (NRS 637B.132) A licensee:

1. Shall not misrepresent, in advertising or otherwise, his or her education, training, type of license or certificate, qualifications, competence or service, or the results to be achieved if he or she provides service to a client.

2. Shall not engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids while the licensee is impaired by:

(a) Alcohol, drugs or any other chemical; or

(b) A mental or physical condition that prevents him or her from safely engaging in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids.

3. Shall not use his or her relationship with a client to further his or her own personal, religious, political or business interests.

4. Shall set and maintain professional boundaries with clients, interns and persons with whom the licensee works.

5. Shall not give or receive, directly or indirectly, a fee, commission, rebate or other compensation for professional services that the licensee has not actually and personally provided.

6. Except as otherwise provided in subsection 7, shall not disparage the qualifications of any colleague.

7. Shall report to the Board any unlicensed, unauthorized, unqualified or unethical practice of audiology, speech-language pathology or fitting and dispensing hearing aids that is occurring.

8. Shall not attempt to diagnose, prescribe for, treat or provide advice for any problem which is outside of his or her field of competence, the scope of the practice of audiology, speech-language pathology or fitting and dispensing hearing aids or the scope of his or her license or certificate.

9. Shall base his or her practice upon the recognized knowledge relevant to audiology, speech-language pathology or fitting and dispensing hearing aids.

10. Shall critically examine and keep current with emerging knowledge relevant to the practice of audiology, speech-language pathology or fitting and dispensing hearing aids.

11. Based upon recognized knowledge and standards for the practice of audiology, speech-language pathology or fitting and dispensing hearing aids, shall prepare and maintain in a timely manner a record for each of his or her clients which:

(a) Sets forth his or her assessment of the problems of the client, plan of action for the client, course of treatment to that client and progress notes regarding the course of treatment of the client; and

(b) Includes copies of other relevant documentation, including, without limitation:

(1) All documents relating to the informed consent given by the client;

(2) All documents relating to the release of information regarding the client; and

(3) All other legal documents regarding the client.

Ê As used in this subsection, “assessment” means an evaluation of the client that is based upon comprehensive information about the client.

12. Shall complete and submit any reports required by this chapter and chapter 637B of NRS, or pursuant to any rule, order or instruction of a court of competent jurisdiction, in a timely manner.

13. Shall comply with the provisions of this chapter and chapter 637B of NRS and all other applicable federal laws and regulations.

14. Shall not authorize a person under the supervision of the licensee to perform services that are outside of the scope of the license, certificate, training or experience of the person performing the services, or allow such a person to hold himself or herself out as having expertise in a field or activity in which that person is not qualified.

15. Shall notify the Board in writing within 10 days after:

(a) An action is taken against any license, certification, registration or other credential held by the licensee that was issued by another state or territory of the United States;

(b) A criminal charge is filed against the licensee;

(c) The licensee is convicted of a criminal offense, other than a traffic offense which is a misdemeanor that does not involve alcohol or controlled substances;

(d) A civil action, including, without limitation, an action for malpractice, is filed against the licensee; or

(e) A settlement or judgment is made in any civil action, including, without limitation, an action for malpractice, in any case filed against the licensee for any act relating to the practice of audiology, speech-language pathology or fitting and dispensing hearing aids.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

NAC 637B.044 Responsibility to client. (NRS 637B.132)

1. A licensee shall serve his or her clients with professional skill and competence.

2. If a licensee must act on behalf of a client who has been declared to be incompetent or if a client is otherwise found by the Board to be incapable of acting in his or her own best interest, the licensee shall safeguard the interests and rights of that client.

3. If another person has been legally authorized to act on behalf of an incompetent client, a licensee shall deal with the legal representative of the client in accordance with the best interest of the client.

4. A licensee shall not practice, condone, facilitate or collaborate with any form of discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, social, economic, health or marital status, political belief, diagnosis or physical disability, or on the basis of any preference or personal characteristic, condition or status of a person.

5. A licensee shall not misrepresent to a client the efficacy of his or her service or the results to be achieved.

6. A licensee shall apprise each of his or her clients of the risks, rights, opportunities and obligations, financial or otherwise, associated with the provision of services to the client for audiology, speech-language pathology or fitting and dispensing hearing aids.

7. A licensee shall seek the advice and counsel of his or her colleagues and supervisors when such a consultation is in the best interest of the client.

8. A licensee shall terminate service to a client and a professional relationship with a client when the service and relationship are no longer required or no longer serve the needs of the client.

9. A licensee shall not withdraw his or her services precipitously, except under unusual circumstances and after giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects to the client.

10. A licensee who anticipates the termination or interruption of service to a client shall notify the client as promptly as possible and seek the transfer, referral or continuation of service in relation to the needs and preferences of the client.

11. A licensee shall not influence or attempt to influence a client in any manner which could be reasonably anticipated in his or her deriving benefits of an unprofessional nature from the client during the time that the client is receiving professional services from the licensee and for 2 years after the termination of those services.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

NAC 637B.0442 Delegation of duties by hearing aid specialist or dispensing audiologist to unlicensed office assistant, aide or technician. (NRS 637B.132)

1. Except as otherwise provided in subsection 2, a hearing aid specialist or dispensing audiologist may delegate certain duties to an office assistant, aide or technician who is not licensed pursuant to this chapter and chapter 637B of NRS and does not possess the professional or advanced training required for the practice of fitting and dispensing hearing aids if the hearing aid specialist or dispensing audiologist determines, before delegating a duty, that the office assistant, aide or technician possesses the necessary knowledge, competence, training and skills to perform the duty. The duties that may be delegated to an office assistant, aide or technician pursuant to this section include, without limitation:

(a) Cleaning a hearing aid;

(b) Repairing or replacing a broken part of a hearing aid with the same part;

(d) Replacing filters;

(e) Returning to a client a repaired hearing aid that does not require fitting, programming or adjusting;

(f) Accepting an in-office return of a hearing aid if a receipt is provided to the client to document proof of the return; and

(g) Performing clerical, secretarial and general administrative duties, including, without limitation, providing information that is readily available to the general public.

2. A hearing aid specialist or dispensing audiologist shall not delegate any duty to an office assistant, aide or technician pursuant to this section that requires professional or advanced training for the practice of fitting and dispensing hearing aids. Duties that may not be delegated pursuant to this section include, without limitation:

(a) Removing a hearing aid from or placing a hearing aid into a client’s ear;

(b) Programming, adjusting or fitting a hearing aid;

(d) Conducting any activity involving direct physical contact with a client and a hearing-related procedure or instrument.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0444 Requirements concerning waiver by client of medical evaluation. (NRS 637B.132) If a hearing aid specialist or dispensing audiologist offers a client a waiver of the medical evaluation required by 21 C.F.R. § 801.421, the hearing aid specialist or dispensing audiologist shall:

1. Verbally explain the waiver to the client before the client signs the waiver; and

2. Provide the written waiver on a form separate from any other form that the client is required to sign.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0446 Case history and minimum procedures required for prospective candidate for hearing aid; exception. (NRS 637B.132)

1. Except as otherwise provided in subsection 3, a hearing aid specialist or dispensing audiologist shall take the pertinent case history of, and perform personally the following minimum procedures bilaterally on, each prospective candidate for a hearing aid:

(a) Pure-tone audiometry, including air-conduction testing and bone-conduction testing through an annually calibrated system.

(b) Live voice audiometry, only if a separate sound-treated room is available, or recorded voice audiometry, including speech-reception threshold testing, most comfortable and uncomfortable level testing, and speech discrimination testing presented through a speech audiometer.

(d) Before a hearing test and an ear impression is performed, an otoscopic examination of the ear canal in which the tympanic membrane is visualized.

(e) After an ear impression is performed, an otoscopic examination in which the tympanic membrane is visualized.

2. A hearing aid specialist or dispensing audiologist shall perform each procedure set forth in subsection 1 in a proper environment to obtain accurate results.

3. The minimum procedures set forth in subsection 1 are not required if the person supplies the hearing aid specialist or dispensing audiologist with complete results of the required tests which have been given within the immediately preceding 6 months by a qualified tester who is licensed pursuant to the provisions of this chapter and chapter 637B of NRS.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.0448 Duties of hearing aid specialist or dispensing audiologist concerning hearing aid he or she sells or fits. (NRS 637B.132) A hearing aid specialist or dispensing audiologist shall:

1. Provide for the service and repair of each hearing aid he or she sells or fits.

2. Provide to each person who orders or purchases a hearing aid from the hearing aid specialist or dispensing audiologist a bill of sale that includes:

(a) The name of the hearing aid specialist or dispensing audiologist, the address of the principal place of business of the hearing aid specialist or dispensing audiologist and the number of the license of the hearing aid specialist or dispensing audiologist;

(b) A description of the make, model and serial number of the hearing aid;

(c) The amount charged for the hearing aid and, if applicable, an itemization of any amount to be deducted from any refund;

(d) The condition of the hearing aid, indicating whether it is new, used or reconditioned;

(e) Any accessories provided with the hearing aid;

(f) The name of the person or entity responsible for providing a refund; and

(g) The manner in which a hearing aid may be returned, including the business location where the hearing aid may be returned and the business hours during which the hearing aid may be returned.

3. Provide to each person who purchases a hearing aid from the hearing aid specialist or dispensing audiologist a written guarantee that the person may return the hearing aid:

(a) Within 30 days after receipt of the hearing aid; or

(b) If the hearing aid is returned to the manufacturer for service or repair during the 30-day period, within 30 days after the hearing aid is returned to the possession of the person who purchased the hearing aid.

4. Schedule at least one appointment with each person who purchases a hearing aid from the hearing aid specialist or dispensing audiologist. The appointment must take place not later than 21 days after the hearing aid is delivered to the person.

5. Within 30 days after a hearing aid and all accessories that accompanied the hearing aid are returned in the same condition as that in which they were received, provide a refund to the person who purchased the hearing aid from the hearing aid specialist or dispensing audiologist.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.045 Preparation and retention of health care records and other records. (NRS 637B.132)

1. A speech-language pathologist or audiologist shall prepare and retain health care records for each client he or she treats in accordance with NRS 629.051. As used in this subsection, “health care records” has the meaning ascribed to it in NRS 629.021.

2. A hearing aid specialist or dispensing audiologist shall prepare and retain records of fitting, servicing or dispensing a hearing aid for each client he or she treats. The records must be retained for not less than 5 years after the record is prepared and may be created, authenticated and stored in a computer system that limits access to those records or is maintained in any other form which ensures that the records are easily accessible by the hearing aid specialist or dispensing audiologist. Each record must include, without limitation:

(a) The name, address, telephone number and date of birth of the client;

(b) The medical history of the client as it relates to his or her loss of hearing;

(c) The dates on which the hearing aid was delivered, fitted and adjusted, and notations of all procedures performed on such dates, and, if applicable, the date of return or attempted return of the hearing aid;

(d) Audiograms of the client;

(e) The specifications of the hearing aid, including the serial number of the hearing aid as indicated by the manufacturer of the hearing aid;

(f) The settings for the hearing aid;

(g) The progress and disposition of the case;

(h) A copy of the contract for the sale of the hearing aid; and

(i) A copy of any waiver of the medical evaluation required by 21 C.F.R. § 801.421.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.046 Grounds for disciplinary action: Unprofessional conduct. (NRS 637B.132, 637B.250)

1. A violation of any provision of this chapter by a licensee constitutes unprofessional conduct and subjects the licensee to disciplinary action by the Board.

2. If a licensee violates any provision of this chapter or engages in any other kind of unprofessional conduct while his or her license is in effect, the Board will take disciplinary action against the licensee, including, without limitation, taking action against the licensee after his or her license has expired or been suspended.

3. If a board or entity in this State or in another state which has issued a license, certificate, registration or other credential to a licensee for the practice of audiology, speech-language pathology or fitting and dispensing hearing aids or a related field revokes or suspends the license, certificate, registration or other credential, or takes any other disciplinary action against the licensee, the revocation, suspension or disciplinary action is a ground for disciplinary action by the Board against the licensee for unprofessional conduct.

4. The failure of a licensee to comply with a stipulation, agreement, advisory opinion or order issued by the Board constitutes unprofessional conduct and is a ground for disciplinary action by the Board against the licensee.

5. In addition to the acts specified in this section and subsection 2 of NRS 637B.250, the following acts constitute unprofessional conduct and are grounds for disciplinary action by the Board against a licensee or an applicant for a license, as applicable:

(a) Engaging in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids when unable to do so with reasonable skill and safety to a client because of the use of alcohol or any controlled substance or any mental or physical condition or illness.

(b) Committing negligence in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids.

(d) Failing to report or otherwise concealing information relating to a violation of this chapter or chapter 637B of NRS that could result in harm to the public health and welfare.

(e) Intentionally making or filing a false or misleading report.

(f) Failing to file or intentionally obstructing or attempting to obstruct another person from filing a report required by law or a third person.

(g) Intentionally harassing, abusing or intimidating a client, employer, employee, colleague or other person, either physically or verbally, including, without limitation, committing sexual harassment.

(h) Failing to notify the Board of disciplinary action imposed upon the licensee or the applicant for a license by a regulatory authority in another jurisdiction.

(i) Divulging, without the consent of a client, information gained within the context of the professional relationship with the client, unless the divulging of such information is otherwise required by law.

(j) Failing to obtain the informed consent of a client before engaging in scientific research involving the client.

(k) Referring or appearing to refer a client to a third person in exchange for receiving a fee or other consideration from the third person.

(l) Advertising in a manner that tends to deceive or mislead the public, including, without limitation, making a false or misleading statement or representation in the advertisement or solicitation of services.

(m) Making or providing false statements or omitting relevant information in connection with an application for a license or the renewal of a license.

(n) Misrepresenting or falsifying credentials, including, without limitation, credentials relating to education, training, experience or areas of competency.

(o) Practicing or offering to practice beyond the scope required by law.

(p) Performing any professional service that the licensee knows he or she is not competent to perform.

(q) Knowingly advertising a model or type of hearing aid for sale that cannot be purchased by a member of the general public.

(r) Advertising a product or using a name or trademark in a manner that falsely implies the existence of a relationship between the licensee and the manufacturer of a product.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

NAC 637B.048 Grounds for disciplinary action: “Professional incompetence” interpreted. (NRS 637B.132, 637B.250)

1. For the purposes of paragraph (d) of subsection 1 of NRS 637B.250, the Board will interpret the term “professional incompetence” to mean a lack of knowledge, skill or ability in discharging a professional obligation and to include, without limitation, malpractice and gross negligence.

2. As used in this section:

(a) “Gross negligence” means conduct in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids which represents an extreme departure from the standard of care required from an audiologist, speech-language pathologist or hearing aid specialist under the circumstances.

(b) “Malpractice” means conduct in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids which falls below the standard of care required from an audiologist, speech-language pathologist or hearing aid specialist under the circumstances.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

CONTINUING EDUCATION

NAC 637B.400 Requirements for renewal of standard or provisional license; records; audits; excess credits may not be carried forward. (NRS 637B.132, 637B.191)

1. Except as otherwise provided in subsection 2 of NAC 637B.403 and NAC 637B.430, as a prerequisite for each renewal of a standard license or provisional license, a licensee must complete, during the annual period immediately preceding the renewal, at least 10 hours of continuing education approved by the Board that directly pertains to the profession in which he or she holds a license issued by the Board, including at least 1 hour of continuing education relating to ethics, cultural competence, cultural humility, culturally responsive practices or diversity, equity and inclusion. If the licensee is a dispensing audiologist, at least 3 of the 10 hours of continuing education must directly relate to the practice of fitting and dispensing hearing aids.

2. Legible copies of all receipts, records of attendance, certificates and any other evidence of a licensee’s completion of a course of continuing education must be retained by the licensee and made available to the Board for inspection for not less than 3 years after the completion of the course.

3. The Board will conduct random audits of licensees to ensure compliance with the requirements of this section.

4. If a licensee completes more than the required number of hours of continuing education during one licensing period, the licensee is not allowed to credit the excess hours toward the required education for a subsequent period.

5. For the purposes of subsection 1, a course approved by the International Institute for Hearing Instruments Studies of the International Hearing Society, American Academy of Audiology, American Speech-Language-Hearing Association, Academy of Doctors of Audiology or Educational Audiology Association is deemed to be approved by the Board.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 7-1-82; A 12-10-84; 6-20-90; 11-15-95; R219-03, 9-16-2004; R034-13, 3-28-2014; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016; R064-21, 6-13-2022)

NAC 637B.403 Requirements for holder of standard or provisional license; exception for first renewal of license. (NRS 637B.132, 637B.191)

1. Except as otherwise provided in subsection 2 and NAC 637B.430, a licensee who holds a standard license or provisional license shall complete continuing education in accordance with the provisions of NAC 637B.400.

2. A person who obtains a standard license or provisional license within 12 months after graduating from an educational program accredited by an agency approved by the Board is not required to complete any continuing education before renewing his or her license for the first time.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, eff. 6-28-2016)

NAC 637B.420 Acceptable activities, courses, seminars, workshops and similar functions; limitations on credit; written request for approval of other continuing education. (NRS 637B.132, 637B.191)

1. In addition to any course deemed to be approved by the Board pursuant to subsection 5 of NAC 637B.400, the Board will accept the following kinds of activities for credit toward fulfilling its requirement for continuing education:

(a) Attendance at a course or program conducted by a university, school district, hospital or similar entity.

(b) Attendance at a workshop, seminar, demonstration, meeting or lecture.

(c) Making a presentation at a workshop, seminar or similar function. Credit is allowed for time spent on both preparation and presentation. The greatest number of hours allowed for presentation is 8 hours during any one licensing period. Credit claimed for preparation may not exceed 50 percent of the number of hours credited for presentation.

(d) Publication of material in a professional journal or equivalent periodical or work. The Board will determine the number of hours allowed for credit under this paragraph, but the greatest number of hours allowed is 8 hours during any one licensing period.

(e) Participation in a planned observation or visit which is part of a clinical program if prior written approval for the activity is obtained from the Board.

(f) Completion of an Internet course.

2. The Board will consider a written request from a licensee that the Board approve credit for any continuing education not specified in subsection 1 if the request is submitted to the Board before the date of renewal of the license.

3. If a written request submitted pursuant to subsection 2 is not granted, the Board may grant additional time for the licensee to fulfill any required continuing education that he or she has not completed.

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 7-1-82; A 4-15-88; 6-20-90; R219-03, 9-16-2004; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

NAC 637B.430 Waiver of requirements; additional time for completion if waiver not granted. (NRS 637B.132, 637B.191)

1. The Board may waive all or part of the requirements for continuing education for a licensee who holds a standard license or provisional license if the licensee:

(a) Submits a written request for a waiver; and

(b) Provides proof satisfactory to the Board of an extenuating circumstance that does not allow the completion of the required continuing education.

2. If a waiver is granted pursuant to this section, the unfulfilled requirements for continuing education will be added to the requirements for continuing education for the licensee for the following year.

3. If a waiver is not granted pursuant to this section, the Board may grant additional time for the licensee to fulfill any required continuing education that he or she has not completed.

4. As used in this section, “extenuating circumstance” includes, without limitation:

(a) Extreme illness or injury;

(b) Extreme financial or familial hardship; or

(Added to NAC by Bd. of Exam’rs for Audiology & Speech Path., eff. 6-20-90; A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R129-15, 6-28-2016)

PRACTICE BEFORE THE BOARD

NAC 637B.700 Address for written communications and documents to Board. (NRS 637B.132) All formal written communications and documents must be addressed to the Board and not to individual members of the Board or its staff.

[Bd. of Exam’rs for Audiology & Speech Path., Rule 2.2, eff. 2-28-80]—(NAC A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R050-15, 4-4-2016)—(Substituted in revision for NAC 637B.090)

NAC 637B.705 Board authorized to act on own motion; petition to request adoption, amendment or repeal of regulation or for formal hearing; contents and filing of petition. (NRS 637B.132)

1. The Board may act on its own motion. Any other request for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing by the Board must be submitted to the Board as a petition.

2. Any interested person may submit a petition to the Board for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing by the Board.

3. The petition must be in writing and addressed to the Chair of the Board.

4. An original and two legible copies of the petition must be filed with the Board. The Board may, when appropriate, direct that a copy of each petition be made available to any other person who the Board determines may be affected by the petition.

5. The petition must contain:

(a) The full name and mailing address of the petitioner;

(b) If the adoption of a new regulation is proposed, the body or substance of the proposed regulation and the supporting facts and arguments;

(c) If the amendment or repeal of an existing regulation is proposed, the specific section of the Nevada Administrative Code that the petitioner is proposing to amend or repeal and the supporting facts and arguments for the amendment or repeal thereof;

(d) If a formal hearing by the Board is requested, the relevant facts which support the request; and

(e) A statement that the petition is made in accordance with the applicable provisions of the Nevada Revised Statutes.

6. The petition must be signed by the petitioner. The signature constitutes a representation by the signer that:

(a) He or she has read the petition; and

(b) To the best of his or her knowledge, information and belief, the statements made therein are true.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

NAC 637B.710 Petition for declaratory order or advisory opinion: Submission. (NRS 637B.132)

1. The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of any statutory provision or any regulation or decision of the Board.

2. A petition for a declaratory order or an advisory opinion must be in writing and submitted in the same manner as a petition for the adoption, amendment or repeal of a regulation by the Board.

[Bd. of Exam’rs for Audiology & Speech Path., Rules 10.1 & 10.2, eff. 2-28-80]—(NAC A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, 2-27-2018)—(Substituted in revision for NAC 637B.380)

NAC 637B.715 Petition for declaratory order or advisory opinion: Meeting and decision by Board; service of denial and other correspondence. (NRS 637B.132)

1. Upon submission of a petition for a declaratory order or an advisory opinion, the Board will, within 90 days:

(a) Schedule a meeting to discuss and grant or deny the petition in writing, stating its reasons; or

(b) Initiate proceedings for adoption of an appropriate regulation.

2. A copy of any denial or other correspondence from the Board to the petitioner will be served by mailing a copy thereof to the petitioner.

[Bd. of Exam’rs for Audiology & Speech Path., Rules 10.3 & 10.4, eff. 2-28-80]—(NAC A by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, 2-27-2018)—(Substituted in revision for NAC 637B.390)

NAC 637B.720 Filing or initiation of complaint against licensee; contents; review; complaint filed against apprentice. (NRS 637B.132)

1. Any person who believes that another person licensed by the Board has violated a provision of this chapter or chapter 637B of NRS may file a complaint with the Board on a form provided by the Board.

2. The Board may, on its own, initiate a complaint against a person licensed by the Board.

3. A complaint must, without limitation:

(a) Identify one or more grounds for disciplinary action; and

(b) Contain a statement of facts in sufficient detail to enable the Board to understand the allegations.

4. The Executive Director of the Board, in consultation with legal counsel, shall review each complaint and decide if the complaint merits an investigation.

5. The Executive Director of the Board shall bring before the Board any complaint found to have merit.

6. For any proceedings regarding a complaint filed against an apprentice, the Board may require that the apprentice be accompanied by any hearing aid specialist or dispensing audiologist who signed, dated or reviewed a record regarding a patient related to the complaint.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

NAC 637B.730 Conduct of hearing in contested case. (NRS 637B.132)

1. Each hearing of a contested case will be conducted in accordance with the provisions of this chapter and chapter 233B of NRS and, if the hearing concerns a disciplinary proceeding, chapter 622A of NRS and NRS 637B.250 to 637B.288, inclusive.

2. As used in this section, “contested case” has the meaning ascribed to it in NRS 233B.032.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

NAC 637B.735 Recovery of attorney’s fees and costs. (NRS 637B.132) Pursuant to NRS 622.400, the Board may recover from a person reasonable attorney’s fees and costs relating to any disciplinary proceedings involving the person.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)

NAC 637B.740 Fees and reimbursement for mileage for witnesses. (NRS 637B.132) A witness who participates in a proceeding held by the Board is entitled to receive fees and reimbursement for mileage in the same amounts and under the same conditions as for witnesses in the courts of this State.

(Added to NAC by Speech-Language Pathology, Audiology & Hearing Aid Dispensing Bd. by R016-17, eff. 2-27-2018)