(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 440-Committee on Health and Human Services
(On Behalf of the State Board of Nursing)
April 30, 1997
____________
Referred to Committee on Commerce
SUMMARY--Revises provisions governing nurses and nursing assistants. (BDR 54-1572)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to nursing; excluding certain persons from the definition of a "nursing assistant"; revising provisions governing nurses and nursing assistants; revising provisions governing the certification of nursing assistants; providing an administrative fine for the violation of certain provisions concerning nursing assistants; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 632.0166 is hereby amended to read as follows:
632.0166 1."Nursing assistant" means a person who, under the direction of a licensed nurse [in a medical facility] and for compensation, performs basic restorative services and basic nursing services which are directed at the safety, comfort, personal hygiene, basic mental health and protection of patients and the protection of patients' rights.
2. The term does not include a person who is employed by this state or under contract with this state to provide, or assist in the provision of, personal care of other persons if he does not primarily perform acts that are within the authorized scope of practice of a nursing assistant.
Sec. NRS 632.285 is hereby amended to read as follows:
632.285 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state [is required to] shall submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
Sec. 3. NRS 632.315 is hereby amended to read as follows:
632.315 1. For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this state, any person who for compensation practices or offers to practice nursing in this state [must] shall submit evidence that he is qualified to practice and must be licensed as provided in this chapter.
2. Any person who:
(a) Practices or offers to practice nursing in this state or uses any title, abbreviation, sign, card or device to indicate that he is practicing nursing in this state unless that person has been licensed pursuant to the provisions of this chapter; or
(b) Does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter who practices or offers to practice in this state as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that he possesses qualifications and skill in the field of
nursing,
is guilty of a misdemeanor.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
Sec. 4. NRS 632.342 is hereby amended to read as follows:
632.342 1. The certificate of a nursing assistant must be renewed biennially on the date of the certificate holder's birthday.
2. The board shall renew a certificate if the applicant:
(a) Submits a completed written application and the fee required by this chapter;
(b) Submits documentation of completion of continuing training, as required by the board, in the previous 24 months ; [in the type of facility in which he works;]
(c) Has not committed any acts which are grounds for disciplinary action, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing; and
(d) Submits documentation of employment as a nursing assistant during the 2 years immediately preceding the date of the renewal.
The training program completed pursuant to paragraph (b) must be approved by the board.
3. Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant qualifies for the issuance of a new certificate.
4. Renewal of a certificate becomes effective on the date on which the application is filed or the date on which the renewal fee is paid, whichever is the later.
Sec. 5. NRS 632.490 is hereby amended to read as follows:
632.490 1. The board shall cause the prosecution of all persons violating the provisions of this chapter.
2. The board, or any person designated by the board, may prefer a complaint for a violation of NRS 632.285 or 632.315 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
Sec. 6. NRS 632.495 is hereby amended to read as follows:
632.495 1. In addition to any other penalty:
(a) The board may issue a citation to a person who violates the provisions of NRS 632.285 or 632.315. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.
(b) The board shall assess an administrative fine of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation, $1,500.
2. To appeal the finding of a violation of NRS 632.285 or 632.315, the person must request a hearing by written notice of appeal to the board within 30 days after the date of issuance of the citation.