SB27_R1

Senate Bill No. 27–Senator Wiener

CHAPTER..........

AN ACT relating to professions; creating the Board of Athletic Trainers; prescribing the powers and duties of the Board; requiring certain persons who engage in the practice of athletic training to be licensed by the Board; prescribing the requirements for such licenses; providing for the regulation of athletic trainers; providing a penalty; requiring the Board to hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; 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. Title 54 of NRS is hereby amended by adding

thereto a new chapter to consist of the provisions set forth as

sections 2 to 37, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise

requires, the words and terms defined in sections 2.5 to 12.3,

inclusive, of this act have the meanings ascribed to them in those

sections.

Sec. 2.5. “Assessment” includes taking the medical history of

a patient, visually inspecting the injured portion of the body and

the associated structures, palpating the bony landmarks and soft

tissue and applying special tests to systematically assess the

pathology and extent of the injury or condition.

Sec. 3. “Athlete” means a natural person who:

1. Participates in an athletic activity conducted by:

(a) An intercollegiate athletic association or interscholastic

athletic association; or

(b) A professional athletic organization; or

2. Participates in a recreational sport activity that:

(a) Has officially designated coaches;

(b) Conducts regularly scheduled practices or workouts that

are supervised by coaches; and

exhibitions.

Sec. 4. “Athletic injury” means an injury or athletic-related

illness, or both, that a person sustains as a result of:

1. His participation in an athletic activity conducted by:

(a) An intercollegiate athletic association or interscholastic

athletic association; or

(b) A professional athletic organization; or

2. His participation in a recreational sport activity that:

(a) Has officially designated coaches;

(b) Conducts regularly scheduled practices or workouts that

are supervised by coaches; and

exhibitions.

Sec. 5. “Board” means the Board of Athletic Trainers.

Sec. 6. “Direction” means an order issued by a physician to

follow as a protocol, recommendation or oral order that is

documented by the licensed athletic trainer or physician, or both.

Sec. 6.3. “Disposition” means the application of accepted

management techniques to provide the appropriate care and

resources concerning an athletic injury.

Sec. 6.5. “Evaluation” includes, without limitation, the use

of joint range of motion, manual muscle tests, ligamentous stress

tests, neurological tests and functional capacity assessments.

Sec. 6.7. “Grade 5 joint mobilization” means the movement

of a joint beyond its physiological and capsular end point.

Sec. 7. “Graduate student athletic trainer” means a graduate

student who:

1. Is enrolled in a graduate program of study approved by the

Board; and

2. Engages in the practice of athletic training under the

supervision of a licensed athletic trainer.

Sec. 7.5. “Joint mobilization” means a learned, skilled,

passive movement of articulating surfaces of a person to relieve

pain and restore functional movement of the articulating surfaces

without pain to the person. The term does not include:

1. The diagnosis of a physical disability;

2. The massaging of the superficial soft tissues of the body;

3. The use of X rays or radium;

4. The use of electricity for cauterization or surgery;

5. Chiropractic adjustment as defined in NRS 634.014; or

6. Grade 5 joint mobilization.

Sec. 8. “License” means a license issued pursuant to the

provisions of this chapter.

Sec. 9. “Licensee” means a person who has been issued a

license as an athletic trainer pursuant to the provisions of this

chapter.

Sec. 9.2. “Management” means the act of controlling or

influencing an injury, illness or condition.

Sec. 9.4. “Passive joint range of motion” means any

movement of an articulating surface of a person without the active

assistance of that person, which is performed with equipment or

by another person.

Sec. 9.6. “Passive range of motion” means any movement of

a part of a person without the active assistance of that person,

which is performed with equipment or by another person.

Sec. 9.8. “Physician” means:

1. A physician licensed pursuant to chapter 630 of NRS;

2. An osteopathic physician licensed pursuant to chapter

630A of NRS;

3. A homeopathic physician licensed pursuant to chapter 633

of NRS;

4. A chiropractic physician licensed pursuant to chapter 634

of NRS; or

5. A podiatric physician licensed pursuant to chapter 635 of

NRS.

Sec. 10. 1. “Practice of athletic training” means:

(a) The prevention, recognition, assessment, management,

treatment, disposition or reconditioning of the athletic injury of an

athlete:

(1) Whose condition is within the professional preparation

and education of the licensed athletic trainer; and

(2) That is performed under the direction of a physician;

(b) The organization and administration of programs of

athletic training;

(d) The provision of information relating to athletic training to

members of the public; or

(e) Any combination of the activities described in paragraphs

(a) to (d), inclusive.

2. The term does not include the diagnosis of a physical

disability, massaging of the superficial soft tissues of the body or

the use of Xrays, radium or electricity for cauterization or surgery.

Sec. 10.3. “Prevention” means the application and

implementation of physical conditioning programs, pre-

participation screening and the monitoring of risk factors that

may cause an athletic injury.

Sec. 10.5. “Recognition” means the application of visual,

verbal or tactile skills to acknowledge the presence of an injury,

illness or other condition with an understanding of the

predisposing factors of injury and pathomechanics, which assists

in the assessment of the injury, illness or other condition.

Sec. 10.7. “Reconditioning” means the application of

practical and didactic knowledge and functional criteria to

evaluate readiness for return to partial or full activities.

Sec. 11. “Student athletic trainer” means an undergraduate

student who:

1. Is enrolled in an undergraduate program of study

approved by the Board; and

2. Engages in the practice of athletic training under the

supervision of a licensed athletic trainer.

Sec. 12. “Supervision” means clinical on-site direction given

by a licensed athletic trainer to a student athletic trainer or

graduate student athletic trainer who is in the direct line of sight

and within hearing distance of the licensed athletic trainer.

Sec. 12.3. “Treatment” means the application of the

necessary knowledge and skills to assess an injury, illness or other

condition and provide appropriate care.

Sec. 13. The practice of athletic training is hereby declared

to be a learned profession, affecting public health, safety and

welfare, and subject to regulation to protect the public from the

practice of athletic training by unqualified persons and from

unprofessional conduct by persons who are licensed to engage in

the practice of athletic training.

Sec. 14. A license issued pursuant to the provisions of this

chapter is a revocable privilege, and the holder of the license does

not acquire thereby any vested right.

Sec. 15. The provisions of this chapter do not apply to:

1. A person who is licensed pursuant to chapters 630 to 637,

inclusive, or chapter 640 or 640A of NRS, when acting within the

scope of that license.

2. A person who is employed by the Federal Government and

engages in the practice of athletic training within the scope of that

employment.

3. A person who is employed as an athletic trainer outside

this state when engaging in the practice of athletic training within

the scope of that employment in connection with an athletic event

held in this state.

Sec. 16. 1. The Board of Athletic Trainers is hereby

created.

2. The Governor shall appoint to the Board:

(a) Three members who:

(1) Are licensed as athletic trainers pursuant to the

provisions of this chapter; and

(2) Have engaged in the practice of athletic training or

taught or conducted research concerning the practice of athletic

training for the 5 years immediately preceding their appointment;

(b) One member who is licensed as a physical therapist

pursuant to chapter 640 of NRS and who is also licensed as an

athletic trainer pursuant to this chapter; and

3. Each member of the Board:

(a) Must be a resident of this state; and

(b) May not serve more than two consecutive terms.

4. After the initial terms, the members of the Board must be

appointed to terms of 3 years.

5. A vacancy on the Board must be filled in the same manner

as the original appointment.

6. The Governor may remove a member of the Board for

incompetence, neglect of duty, moral turpitude or malfeasance in

office.

7. No member of the Board may be held liable in a civil

action for any act he performs in good faith in the execution of his

duties pursuant to the provisions of this chapter.

8. The member of the Board who is a representative of the

public shall not participate in preparing or grading any

examination required by the Board.

Sec. 17. 1. For the appointment of any member to the

Board pursuant to paragraph (a) of subsection 2 of section 16 of

this act, the Nevada Athletic Trainers Association, or its successor

organization, shall, at least 30 days before the beginning of a term

of a member of the Board, or within 30 days after a position on the

Board becomes vacant, submit to the Governor the names of not

less than three persons or more than five persons who are

qualified for membership on the Board for each such position.

The Governor shall appoint new members or fill a vacancy from

the list, or request a new list.

2. For the appointment of a member to the Board pursuant to

paragraph (b) of subsection 2 of section 16 of this act, the Nevada

Physical Therapists Association, or its successor organization, and

the Nevada Athletic Trainers Association, or its successor

organization, shall, at least 30 days before the beginning of a term

of a member of the Board, or within 30 days after a position on the

Board becomes vacant, jointly prepare and submit to the Governor

a list of the names of not less than three persons or more than five

persons who are qualified for membership on the Board for that

position. The Governor shall appoint a new member or fill a

vacancy from the list, or request a new list.

3. If the Nevada Athletic Trainers Association or the Nevada

Physical Therapists Association, or the successor of any such

organization, fails to submit nominations for a position on the

Board within the periods prescribed in this section, the Governor

may appoint any qualified person.

Sec. 18. 1. The Board shall:

(a) Elect from its members a Chairman at the first meeting of

each year; and

(b) Meet at least three times each year at the call of the

Chairman of the Board, or upon the written request of at least

three members of the Board.

2. A majority of the members of the Board constitutes a

quorum for the transaction of the business of the Board.

Sec. 19. 1. The Board shall prepare and maintain a

separate list of:

(a) The licensees.

(b) The applicants for a license.

suspended within the preceding year.

2. The Board shall, upon request, disclose the information

included in each list and may charge a fee for a copy of a list.

3. The Board shall:

(a) Prepare and maintain a record of its proceedings and

transactions;

(b) Adopt a seal of which each court in this state shall take

judicial notice; and

adopted pursuant thereto.

Sec. 20. The Board shall adopt regulations to carry out the

provisions of this chapter, including, without limitation,

regulations that establish:

1. The passing grades for the examinations required by

sections 26 and 27 of this act;

2. Appropriate criteria for determining whether an entity is

an intercollegiate athletic association, interscholastic athletic

association, professional athletic organization or amateur athletic

organization;

3. The standards of practice for athletic trainers; and

4. The requirements for continuing education for the renewal

of a license of an athletic trainer. The requirements must be at

least equivalent to the requirements for continuing education for

the renewal of a certificate of an athletic trainer issued by the

National Athletic Trainers Association Board of Certification or

its successor organization.

Sec. 21. A member of the Board, an employee of the Board

or a person designated by the Board may inspect any office or

facility where a person is engaged in the practice of athletic

training to determine whether each person who is engaged in the

practice of athletic training in that office or facility is in

compliance with the provisions of this chapter and any regulations

adopted pursuant thereto.

Sec. 22. 1. The Board may employ an Executive Secretary

and any other persons necessary to carry out its duties.

2. The members of the Board are not entitled to receive a

salary.

3. While engaged in the business of the Board, each member

and employee of the Board is entitled to receive a per diem

allowance and travel expenses at a rate fixed by the Board. The

rate must not exceed the rate provided for officers and employees

of this state generally.

Sec. 23. The Board shall operate on the basis of a fiscal year

beginning on July 1 and ending on June 30.

Sec. 24. 1. Except as otherwise provided in subsection 4, all

reasonable expenses incurred by the Board in carrying out the

provisions of this chapter must be paid from the money that it

receives. No part of the expenses of the Board may be paid from

the State General Fund.

2. All money received by the Board must be deposited in a

bank or other financial institution in this state and paid out on its

order for its expenses.

3. The Board may delegate to a hearing officer or panel its

authority to take any disciplinary action pursuant to this chapter,

impose and collect fines and penalties related to that disciplinary

action and deposit the money from the fines and penalties in a

bank or other financial institution in this state.

4. If a hearing officer or panel is not authorized to take

disciplinary action pursuant to subsection 3, the Board shall

deposit all money collected from the imposition of fines and

penalties with the State Treasurer for credit to the State General

Fund. If money has been deposited in the State General Fund

pursuant to this subsection, the Board may present a claim to the

State Board of Examiners for recommendation to the Interim

Finance Committee if money is needed to pay attorney’s fees or

the costs of an investigation, or both.

Sec. 25. 1. Except as otherwise provided in subsection 2,

unless he has been issued a license as an athletic trainer by the

Board pursuant to the provisions of this chapter, a person shall

not:

(a) Engage in the practice of athletic training;

(b) Hold himself out as licensed or qualified to engage in the

practice of athletic training; or

other designation intended to imply or designate him as a licensed

athletic trainer.

2. A student athletic trainer or graduate student athletic

trainer may engage in the practice of athletic training while under

the supervision of a licensed athletic trainer.

3. If the Board determines that a person has engaged, or is

about to engage, in any act or practice that constitutes, or will

constitute, a violation of the provisions of this section, the Board

may make an application to an appropriate court for an order

enjoining that act or practice, and upon a showing by the Board

that the person has engaged, or is about to engage, in that act or

practice, the court shall issue an injunction against that act or

practice. Such an injunction does not prevent a criminal

prosecution for that act or practice.

Sec. 26. 1. An applicant for a license as an athletic trainer

must:

(a) Be of good moral character;

(b) Be a citizen of the United States or lawfully entitled to

remain and work in the United States;

approved by the Board;

(d) Submit an application on a form provided by the Board;

(e) Submit a complete set of his fingerprints and written

permission authorizing the Board to forward the fingerprints to

the Central Repository for Nevada Records of Criminal History

for submission to the Federal Bureau of Investigation for its

report;

(f) Pay the fees prescribed by the Board pursuant to section 33

of this act; and

(g) Except as otherwise provided in subsection 2 and section

27 of this act, pass the examination prepared by the National

Athletic Trainers Association Board of Certification or its

successor organization.

2. An applicant who submits proof of his current certification

as an athletic trainer by the National Athletic Trainers Association

Board of Certification, or its successor organization, is not

required to pass the examination required by paragraph (g) of

subsection 1.

3. An applicant who fails the examination may not reapply

for a license for at least 1 year after he submits his application to

the Board.

Sec. 27. If the National Athletic Trainers Association Board

of Certification, or its successor organization, if any, ceases to

exist or ceases to prepare the examination required by section 26

of this act, the Board shall designate another appropriate national

organization to prepare the test. If the Board determines that no

such organization exists, the Board shall prepare or cause to be

prepared a test which must be offered not less than two times each

year.

Sec. 28. 1. In addition to any other requirements for the

issuance or renewal of a license set forth in this chapter, an

applicant for the issuance or renewal of a license to engage in the

practice of athletic training must submit to the Board:

(a) The social security number of the applicant; and

(b) The statement prescribed by the Welfare Division of the

Department of Human Resources pursuant to NRS 425.520. The

statement must be completed and signed by the applicant.

2. The Board shall include the person’s social security

number and 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

(b) A separate form prescribed by the Board.

3. A license to practice athletic training may not be issued or

renewed by the Board if the applicant:

(a) Fails to submit his social security number required

pursuant to subsection 1;

(b) Fails to submit the statement required pursuant to

subsection 1; or

subsection 1 that he 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 he is subject to a court order for the

support of a child and is not in compliance with the order or a

plan approved by the district attorney or other public agency

enforcing the order for the repayment of the amount owed

pursuant to the order, the Board shall advise the applicant to

contact the district attorney or other public agency enforcing the

order to determine the actions that the applicant may take to

satisfy the arrearage.

Sec. 29. 1. If the Board receives a copy of a court order

issued pursuant to NRS 425.540 that provides for the suspension

of all professional, occupational and recreational licenses,

certificates and permits issued to a licensee, the Board shall deem

the license to be suspended at the end of the 30th day after the date

the court order was issued unless the Board receives a letter issued

to the licensee by the district attorney or other public agency

pursuant to NRS 425.550 stating that the licensee has complied

with the subpoena or warrant or has satisfied the arrearage

pursuant to NRS 425.560.

2. The Board shall reinstate a license that has been

suspended by a district court pursuant to NRS 425.540 if the

Board receives a letter issued by the district attorney or other

public agency pursuant to NRS 425.550 to the licensee stating that

the licensee has complied with the subpoena or warrant or has

satisfied the arrearage pursuant to NRS 425.560.

Sec. 30. 1. Except as otherwise provided in subsection 2,

the Board shall issue a license as an athletic trainer, without

examination, to an applicant who is licensed to engage in the

practice of athletic training in another state, territory or

possession of the United States, or the District of Columbia if the

applicant submits to the Board:

(a) An application on a form prescribed by the Board; and

(b) The fees prescribed by the Board pursuant to section 33 of

this act.

2. The Board shall not issue a license pursuant to this section

unless the jurisdiction in which the applicant is licensed had

requirements at the time the license was issued that the Board

determines are substantially equivalent to the requirements for a

license as an athletic trainer set forth in this chapter.

Sec. 31. Each person licensed to practice as an athletic

trainer shall display his license conspicuously at each place where

he engages in the practice of athletic training.

Sec. 31.5. 1. A person who is licensed as an athletic trainer

shall not conduct an evaluation of an athletic injury or perform

joint mobilization unless the person has earned at least a master’s

degree in athletic training or a comparable area of study, as

determined by the Board.

2. A person who is licensed as an athletic trainer and has not

earned a master’s degree in athletic training or a comparable area

of study, as determined by the Board, may perform passive range

of motion or passive joint range of motion.

Sec. 32. 1. Each license to engage in the practice of athletic

training expires on June 30 of each year and may be renewed if,

before the license expires, the licensee submits to the Board:

(a) An application on a form prescribed by the Board;

(b) Proof of his completion of the requirements for continuing

education prescribed by the Board pursuant to section 20 of this

act; and

Board pursuant to section 33 of this act.

2. A license that expires pursuant to the provisions of this

section may be restored if the applicant:

(a) Complies with the provisions of subsection 1;

(b) Submits to the Board proof of his ability to engage in the

practice of athletic training; and

(1) The fee for the restoration of an expired license; and

(2) For each year that the license was expired, the fee for

the renewal of a license prescribed by the Board pursuant to

section 33 of this act.

3. If the Board determines that an applicant has not

submitted satisfactory proof of his ability to engage in the practice

of athletic training, the Board may require the applicant to:

(a) Pass an examination prescribed by the Board; and

(b) Engage in the practice of athletic training under the

supervision of a person designated by the Board for a period

prescribed by the Board.

Sec. 33. The Board shall, by regulation, prescribe the

following fees which must not exceed:

Application for a license..................... $250

Examination for a license.................... 350

Application for a license without examination 350

Annual renewal of a license................. 350

Restoration of an expired license........ 350

Issuance of a duplicate license.............. 50

Sec. 34. 1. The Board may refuse to issue a license to an

applicant, or may take disciplinary action against a licensee, if,

after notice and a hearing, the Board determines that the

applicant or licensee:

(a) Has submitted false or misleading information to the

Board or any agency of this state, any other state, the Federal

Government or the District of Columbia;

(b) Has violated any provision of this chapter or any

regulation adopted pursuant thereto;

controlled substance or a crime involving moral turpitude;

(d) Is addicted to alcohol or any controlled substance;

(e) Has violated the provisions of NRS 200.5093 or 432B.220;

(f) Is guilty of gross negligence in his practice as an athletic

trainer;

(g) Is not competent to engage in the practice of athletic

training;

(h) Has failed to provide information requested by the Board

within 60 days after he received the request;

(i) Has engaged in unethical or unprofessional conduct as it

relates to the practice of athletic training;

(j) Has been disciplined in another state, a territory or

possession of the United States, or the District of Columbia for

conduct that would be a violation of the provisions of this chapter

or any regulations adopted pursuant thereto if the conduct were

committed in this state;

(k) Has solicited or received compensation for services that he

did not provide;

(l) If the licensee is on probation, has violated the terms of his

probation; or

(m) Has terminated his professional services to a client in a

manner that detrimentally affected that client.

2. The Board may, if it determines that an applicant for a

license or a licensee has committed any of the acts set forth in

subsection 1, after notice and a hearing:

(a) Refuse to issue a license to the applicant;

(b) Refuse to renew or restore the license of the licensee;

(d) Place the licensee on probation;

(e) Impose an administrative fine of not more than $5,000;

(f) Require the applicant or licensee to pay the costs incurred

by the Board to conduct the investigation and hearing; or

(g) Impose any combination of actions set forth in paragraphs

(a) to (f), inclusive.

Sec. 35. 1. The Board may conduct investigations and hold

hearings to carry out its duties pursuant to the provisions of this

chapter.

2. In such a hearing:

(a) Any member of the Board may administer oaths and

examine witnesses; and

(b) The Board or any member thereof may issue subpoenas to

compel the attendance of witnesses and the production of books

and papers.

3. Each witness who is subpoenaed to appear before the

Board is entitled to receive for his attendance the same fees and

mileage allowed by law to a witness in a civil case. The amount

must be paid by the party who requested the subpoena. If any

witness who has not been required to attend at the request of any

party is subpoenaed by the Board, his fees and mileage must be

paid from the money of the Board.

4. If any person fails to comply with the subpoena within 10

days after it is issued, the Chairman of the Board may petition a

court of competent jurisdiction for an order of the court

compelling compliance with the subpoena.

5. Upon such a petition, the court shall enter an order

directing the person subpoenaed to appear before the court at a

time and place to be fixed by the court in its order, the time to be

not more than 10 days after the date of the order, and to show

cause why he has not complied with the subpoena. A certified copy

of the order must be served upon the person subpoenaed.

6. If it appears to the court that the subpoena was regularly

issued by the Board, the court shall enter an order compelling

compliance with the subpoena. The failure of the person to obey

the order is a contempt of the court that issued the order.

Sec. 36. 1. Any records or information obtained during the

course of an investigation by the Board are confidential until the

investigation is completed. Upon completion of the investigation,

the records and information are public records if:

(a) Disciplinary action was taken by the Board as a result of

the investigation; or

(b) The person who was investigated submits a written request

to the Board asking that the information and records be made

public records.

2. The provisions of this section do not prohibit the Board

from cooperating with another licensing board or any agency that

is investigating a licensee, including, without limitation, a law

enforcement agency.

Sec. 37. 1. A person who violates any provision of this

chapter is guilty of a gross misdemeanor and shall be punished by

a fine of not more than $2,000 for each offense.

2. If the Board has reason to believe that a person has

violated a provision of this chapter or a regulation adopted

pursuant thereto, the Board shall report the facts to the district

attorney of the county where the violation occurred, who may

cause appropriate criminal proceedings to be brought against that

person.

Sec. 38. NRS 622.010 is hereby amended to read as follows:

622.010 As used in this chapter, unless the context otherwise

requires, “occupational licensing board” includes, without

limitation:

1. The State Board of Architecture, Interior Design and

Residential Design.

2. The State Board of Landscape Architecture.

3. The State Contractors’ Board.

4. The State Board of Professional Engineers and Land

Surveyors.

5. The Board of Registered Environmental Health Specialists.

6. The Nevada State Board of Accountancy.

7. The Board of Medical Examiners.

8. The Board of Homeopathic Medical Examiners.

9. The Board of Dental Examiners of Nevada.

10. The State Board of Nursing.

11. The State Board of Osteopathic Medicine.

12. The Chiropractic Physicians’ Board of Nevada.

13. The State Board of Oriental Medicine.

14. The State Board of Podiatry.

15. The Nevada State Board of Optometry.

16. The Board of Dispensing Opticians.

17. The Board of Hearing Aid Specialists.

18. The Board of Examiners for Audiology and Speech

Pathology.

19. The Nevada State Board of Veterinary Medical Examiners.

20. The State Board of Pharmacy.

21. The State Board of Physical Therapy Examiners.

22. The Board of Occupational Therapy.

23. The Board of Psychological Examiners.

24. The Board of Examiners for Marriage and Family

Therapists.

25. The Board of Examiners for Social Workers.

26. The Board of Examiners for Alcohol and Drug Abuse

Counselors.

27. The State Board of Funeral Directors, Embalmers and

Operators of Cemeteries and Crematories.

28. The State Barbers’ Health and Sanitation Board.

29. The State Board of Cosmetology.

30. The Real Estate Division of the Department of Business

and Industry.

31. The Commissioner of Financial Institutions.

32. The Private Investigator’s Licensing Board.

33. The Health Division of the Department of Human

Resources.

34. The Nevada State Board of Examiners for Administrators

of Facilities for Long-Term Care.

35. The Certified Court Reporters’ Board of Nevada.

36. The Board of Athletic Trainers.

Sec. 39. NRS 629.031 is hereby amended to read as follows:

629.031 1. “Provider of health care” means a physician

licensed pursuant to chapter 630, 630A or 633 of NRS, dentist,

licensed nurse, dispensing optician, optometrist, practitioner of

respiratory care, registered physical therapist, podiatric physician,

licensed psychologist, licensed marriage and family therapist,

chiropractor, athletic trainer, doctor of Oriental medicine in any

form, medical laboratory director or technician, pharmacist or a

licensed hospital as the employer of any such person.

2. For the purposes of NRS 629.051, 629.061 and 629.065, the

term includes a facility that maintains the health care records of

patients.

Sec. 40. NRS 640.029 is hereby amended to read as follows:

640.029 This chapter does not apply to an occupational

therapist , [or] occupational therapy assistant or athletic trainer

who:

1. Is licensed to practice in this state;

2. Practices within the scope of that license; and

3. Does not represent that he is a physical therapist or physical

therapist’s assistant, or that he practices physical therapy.

Sec. 41. NRS 640A.070 is hereby amended to read as follows:

640A.070 This chapter does not apply to a person:

1. Holding a current license or certificate issued pursuant to

chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of

NRS, or sections 2 to 37, inclusive, of this act who practices within

the scope of that license or certificate.

2. Employed by the Federal Government who practices

occupational therapy within the scope of that employment.

3. Enrolled in an educational program approved by the Board

which is designed to lead to a certificate or degree in occupational

therapy, if he is designated by a title which clearly indicates that he

is a student.

4. Obtaining the supervised experience necessary to satisfy the

requirements of subsection 3 of NRS 640A.120.

5. Practicing occupational therapy in this state in association

with an occupational therapist licensed pursuant to this chapter if the

person:

(a) Practices in this state for not more than 45 days in a calendar

year;

(b) Is licensed to practice occupational therapy in another state

where the requirements for such a license are equivalent to the

requirements of this chapter; and

therapist registered” or “certified occupational therapy assistant”

established by the American Occupational Therapy Certification

Board.

Sec. 42. NRS 200.5093 is hereby amended to read as follows:

200.5093 1. Any person who is described in subsection 4 and

who, in his professional or occupational capacity, knows or has

reasonable cause to believe that an older person has been abused,

neglected, exploited or isolated shall:

(a) Except as otherwise provided in subsection 2, report the

abuse, neglect, exploitation or isolation of the older person to:

(1) The local office of the Aging Services Division of the

Department of Human Resources;

(2) A police department or sheriff’s office;

(3) The county’s office for protective services, if one exists

in the county where the suspected action occurred; or

(4) A toll-free telephone service designated by the Aging

Services Division of the Department of Human Resources; and

(b) Make such a report as soon as reasonably practicable but not

later than 24 hours after the person knows or has reasonable cause to

believe that the older person has been abused, neglected, exploited

or isolated.

2. If a person who is required to make a report pursuant to

subsection 1 knows or has reasonable cause to believe that the

abuse, neglect, exploitation or isolation of the older person involves

an act or omission of the Aging Services Division, another division

of the Department of Human Resources or a law enforcement

agency, the person shall make the report to an agency other than the

one alleged to have committed the act or omission.

3. Each agency, after reducing a report to writing, shall forward

a copy of the report to the Aging Services Division of the

Department of Human Resources.

4. A report must be made pursuant to subsection 1 by the

following persons:

(a) Every physician, dentist, dental hygienist, chiropractor,

optometrist, podiatric physician, medical examiner, resident, intern,

professional or practical nurse, physician assistant, psychiatrist,

psychologist, marriage and family therapist, alcohol or drug abuse

counselor, athletic trainer, driver of an ambulance, advanced

emergency medical technician or other person providing medical

services licensed or certified to practice in this state, who examines,

attends or treats an older person who appears to have been abused,

neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution engaged in

the admission, examination, care or treatment of persons or an

administrator, manager or other person in charge of a hospital or

similar institution upon notification of the suspected abuse, neglect,

exploitation or isolation of an older person by a member of the staff

of the hospital.

(d) Every clergyman, practitioner of Christian Science or

religious healer, unless he acquired the knowledge of abuse, neglect,

exploitation or isolation of the older person from the offender during

a confession.

(e) Every person who maintains or is employed by an agency to

provide nursing in the home.

(f) Every attorney, unless he has acquired the knowledge of

abuse, neglect, exploitation or isolation of the older person from a

client who has been or may be accused of such abuse, neglect,

exploitation or isolation.

(g) Any employee of the Department of Human Resources.

(h) Any employee of a law enforcement agency or a county’s

office for protective services or an adult or juvenile probation

officer.

(i) Any person who maintains or is employed by a facility or

establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves as a

volunteer for an agency or service which advises persons regarding

the abuse, neglect, exploitation or isolation of an older person and

refers them to persons and agencies where their requests and needs

can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or

mortuary.

5. A report may be made by any other person.

6. If a person who is required to make a report pursuant to

subsection 1 knows or has reasonable cause to believe that an older

person has died as a result of abuse, neglect or isolation, the person

shall, as soon as reasonably practicable, report this belief to the

appropriate medical examiner or coroner, who shall investigate the

cause of death of the older person and submit to the appropriate

local law enforcement agencies, the appropriate prosecuting

attorney and the Aging Services Division of the Department of

Human Resources his written findings. The written findings must

include the information required pursuant to the provisions of NRS

200.5094, when possible.

7. A division, office or department which receives a report

pursuant to this section shall cause the investigation of the report to

commence within 3 working days. A copy of the final report of the

investigation conducted by a division, office or department, other

than the Aging Services Division of the Department of Human

Resources, must be forwarded to the Aging Services Division within

90 days after the completion of the report.

8. If the investigation of a report results in the belief that an

older person is abused, neglected, exploited or isolated, the Aging

Services Division of the Department of Human Resources or the

county’s office for protective services may provide protective

services to the older person if he is able and willing to accept them.

9. A person who knowingly and willfully violates any of the

provisions of this section is guilty of a misdemeanor.

Sec. 43. NRS 200.5095 is hereby amended to read as follows:

200.5095 1. Reports made pursuant to NRS 200.5093 and

200.5094, and records and investigations relating to those reports,

are confidential.

2. A person, law enforcement agency or public or private

agency, institution or facility who willfully releases data or

information concerning the reports and investigation of the abuse,

neglect, exploitation or isolation of older persons, except:

(a) Pursuant to a criminal prosecution;

(b) Pursuant to NRS 200.50982; or

section,

is guilty of a misdemeanor.

3. Except as otherwise provided in subsection 2 and NRS

200.50982, data or information concerning the reports and

investigations of the abuse, neglect, exploitation or isolation of an

older person is available only to:

(a) A physician who is providing care to an older person who

may have been abused, neglected, exploited or isolated;

(b) An agency responsible for or authorized to undertake the

care, treatment and supervision of the older person;

requires the information in connection with an investigation of the

abuse, neglect, exploitation or isolation of the older person;

(d) A court which has determined, in camera, that public

disclosure of such information is necessary for the determination of

an issue before it;

(e) A person engaged in bona fide research, but the identity of

the subjects of the report must remain confidential;

(f) A grand jury upon its determination that access to such

records is necessary in the conduct of its official business;

(g) Any comparable authorized person or agency in another

jurisdiction;

(h) A legal guardian of the older person, if the identity of the

person who was responsible for reporting the alleged abuse, neglect,

exploitation or isolation of the older person to the public agency is

protected, and the legal guardian of the older person is not the

person suspected of such abuse, neglect, exploitation or isolation;

(i) If the older person is deceased, the executor or administrator

of his estate, if the identity of the person who was responsible for

reporting the alleged abuse, neglect, exploitation or isolation of the

older person to the public agency is protected, and the executor or

administrator is not the person suspected of such abuse, neglect,

exploitation or isolation; or

(j) The older person named in the report as allegedly being

abused, neglected, exploited or isolated, if that person is not legally

incompetent.

4. If the person who is reported to have abused, neglected,

exploited or isolated an older person is the holder of a license or

certificate issued pursuant to chapters 449, 630 to 641B, inclusive,

or 654 of NRS, or sections 2 to 37, inclusive, of this act,

information contained in the report must be submitted to the board

that issued the license.

Sec. 44. NRS 218.825 is hereby amended to read as follows:

218.825 1. Each of the boards and commissions created by

the provisions of chapters 623 to 625A, inclusive, 628 to 644,

inclusive, and [641C,] 654 and 656 of NRS and sections 2 to 37,

inclusive, of this act shall engage the services of a certified public

accountant or public accountant, or firm of either of such

accountants, to audit all its fiscal records once each year for the

preceding fiscal year or once every other year for the 2 preceding

fiscal years. The cost of the audit must be paid by the board or

commission audited.

2. A report of each such audit must be filed by the board or

commission with the Legislative Auditor and the [Director] Chief of

the Budget Division of the Department of Administration on or

before December 1 of each year in which an audit is conducted. All

audits must be conducted in accordance with generally accepted

auditing standards and all financial statements must be prepared in

accordance with generally accepted principles of accounting for

special revenue funds.

3. The Legislative Auditor shall audit the fiscal records of any

such board or commission whenever directed to do so by the

Legislative Commission. When the Legislative Commission directs

such an audit, it shall also determine who is to pay the cost of the

audit.

Sec. 45. NRS 284.013 is hereby amended to read as follows:

284.013 1. Except as otherwise provided in subsection 4, this

chapter does not apply to:

(a) Agencies, bureaus, commissions, officers or personnel in the

Legislative Department or the Judicial Department of State

Government, including the Commission on Judicial Discipline;

(b) Any person who is employed by a board, commission,

committee or council created in chapters 590, 623 to 625A,

inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS

[;] and sections 2 to 37, inclusive, of this act; or

Department of the State Government who are exempted by specific

statute.

2. Except as otherwise provided in subsection 3, the terms and

conditions of employment of all persons referred to in subsection 1,

including salaries not prescribed by law and leaves of absence,

including, without limitation, annual leave and sick and disability

leave, must be fixed by the appointing or employing authority

within the limits of legislative appropriations or authorizations.

3. Except as otherwise provided in this subsection, leaves of

absence prescribed pursuant to subsection 2 must not be of lesser

duration than those provided for other state officers and employees

pursuant to the provisions of this chapter. The provisions of this

subsection do not govern the Legislative Commission with respect

to the personnel of the Legislative Counsel Bureau.

4. Any board, commission, committee or council created in

chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,

648, 652, 654 and 656 of NRS and sections 2 to 37, inclusive, of

this act which contracts for the services of a person, shall require the

contract for those services to be in writing. The contract must be

approved by the State Board of Examiners before those services

may be provided.

Sec. 46. NRS 353.005 is hereby amended to read as follows:

353.005 The provisions of this chapter do not apply to boards

created pursuant to chapters 623 to 625A, inclusive, 628, 630 to

640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and

sections 2 to 37, inclusive, of this act and the officers and

employees thereof.

Sec. 47. NRS 353A.020 is hereby amended to read as follows:

353A.020 1. The Director, in consultation with the

Committee and Legislative Auditor, shall adopt a uniform system of

internal accounting and administrative control for agencies. The

elements of the system must include, without limitation:

(a) A plan of organization which provides for a segregation of

duties appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency to persons

who need the assets to perform their assigned duties;

effectively control accounting of assets, liabilities, revenues and

expenses;

(d) A system of practices to be followed in the performance of

the duties and functions of each agency; and

(e) An effective system of internal review.

2. The Director, in consultation with the Committee and

Legislative Auditor, may modify the system whenever he considers

it necessary.

3. Each agency shall develop written procedures to carry out

the system of internal accounting and administrative control adopted

pursuant to this section.

4. For the purposes of this section, “agency” does not include:

(a) A board created by the provisions of chapters 623 to 625A,

inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of Nevada.

(d) The Housing Division of the Department of Business and

Industry.

(e) The Colorado River Commission of Nevada.

Sec. 48. NRS 353A.025 is hereby amended to read as follows:

353A.025 1. The head of each agency shall periodically

review the agency’s system of internal accounting and

administrative control to determine whether it is in compliance with

the uniform system of internal accounting and administrative control

for agencies adopted pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the head of

each agency shall report to the Director whether the agency’s

system of internal accounting and administrative control is in

compliance with the uniform system adopted pursuant to subsection

1 of NRS 353A.020. The reports must be made available for

inspection by the members of the Legislature.

3. For the purposes of this section, “agency” does not include:

(a) A board created by the provisions of chapters 623 to 625A,

inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of Nevada.

(d) The Housing Division of the Department of Business and

Industry.

(e) The Colorado River Commission of Nevada.

4. The Director shall, on or before the first Monday in

February of each odd-numbered year, submit a report on the status

of internal accounting and administrative controls in agencies to the:

(a) Director of the Legislative Counsel Bureau for transmittal to

the:

(1) Senate Standing Committee on Finance; and

(2) Assembly Standing Committee on Ways and Means;

(b) Governor; and

5. The report submitted by the Director pursuant to subsection

4 must include, without limitation:

(a) The identification of each agency that has not complied with

the requirements of subsections 1 and 2;

(b) The identification of each agency that does not have an

effective method for reviewing its system of internal accounting and

administrative control; and

system of internal accounting and administrative control, and the

extent and types of such weaknesses.

Sec. 49. NRS 353A.045 is hereby amended to read as follows:

353A.045 The Chief shall:

1. Report to the Director.

2. Develop long-term and annual work plans to be based on the

results of periodic documented risk assessments. The annual work

plan must list the agencies to which the Division will provide

training and assistance and be submitted to the Director for

approval. Such agencies must not include:

(a) A board created by the provisions of chapters 623 to 625A,

inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654

and 656 of NRS[.] and sections 2 to 37, inclusive, of this act.

(b) The University and Community College System of Nevada.

(d) The Housing Division of the Department of Business and

Industry.

(e) The Colorado River Commission of Nevada.

3. Provide a copy of the approved annual work plan to the

Legislative Auditor.

4. In consultation with the Director, prepare a plan for auditing

executive branch agencies for each fiscal year and present the plan

to the Committee for its review and approval. Each plan for auditing

must:

(a) State the agencies which will be audited, the proposed scope

and assignment of those audits and the related resources which will

be used for those audits; and

(b) Ensure that the internal accounting, administrative controls

and financial management of each agency are reviewed periodically.

5. Perform the audits of the programs and activities of the

agencies in accordance with the plan approved pursuant to

subsection 5 of NRS 353A.038 and prepare audit reports of his

findings.

6. Review each agency that is audited pursuant to subsection 5

and advise those agencies concerning internal accounting,

administrative controls and financial management.

7. Submit to each agency that is audited pursuant to subsection

5 analyses, appraisals and recommendations concerning:

(a) The adequacy of the internal accounting and administrative

controls of the agency; and

(b) The efficiency and effectiveness of the management of the

agency.

8. Report any possible abuses, illegal actions, errors, omissions

and conflicts of interest of which the Division becomes aware

during the performance of an audit.

9. Adopt the standards of the Institute of Internal Auditors for

conducting and reporting on audits.

10. Consult with the Legislative Auditor concerning the plan

for auditing and the scope of audits to avoid duplication of effort

and undue disruption of the functions of agencies that are audited

pursuant to subsection 5.

11. Appoint a Manager of Internal Controls.

Sec. 50. NRS 432B.220 is hereby amended to read as follows:

432B.220 1. Any person who is described in subsection 3

and who, in his professional or occupational capacity, knows or has

reasonable cause to believe that a child has been abused or neglected

shall:

(a) Except as otherwise provided in subsection 2, report the

abuse or neglect of the child to an agency which provides child

welfare services or to a law enforcement agency; and

(b) Make such a report as soon as reasonably practicable but not

later than 24 hours after the person knows or has reasonable cause to

believe that the child has been abused or neglected.

2. If a person who is required to make a report pursuant to

subsection 1 knows or has reasonable cause to believe that the abuse

or neglect of the child involves an act or omission of:

(a) A person directly responsible or serving as a volunteer for or

an employee of a public or private home, institution or facility

where the child is receiving child care outside of his home for a

portion of the day, the person shall make the report to a law

enforcement agency.

(b) An agency which provides child welfare services or a law

enforcement agency, the person shall make the report to an agency

other than the one alleged to have committed the act or omission,

and the investigation of the abuse or neglect of the child must be

made by an agency other than the one alleged to have committed the

act or omission.

3. A report must be made pursuant to subsection 1 by the

following persons:

(a) A physician, dentist, dental hygienist, chiropractor,

optometrist, podiatric physician, medical examiner, resident, intern,

professional or practical nurse, physician assistant, psychiatrist,

psychologist, marriage and family therapist, alcohol or drug abuse

counselor, athletic trainer, advanced emergency medical technician

or other person providing medical services licensed or certified in

this state;

(b) Any personnel of a hospital or similar institution engaged in

the admission, examination, care or treatment of persons or an

administrator, manager or other person in charge of a hospital or

similar institution upon notification of suspected abuse or neglect of

a child by a member of the staff of the hospital;

(d) A clergyman, practitioner of Christian Science or religious

healer, unless he has acquired the knowledge of the abuse or neglect

from the offender during a confession;

(e) A social worker and an administrator, teacher, librarian or

counselor of a school;

(f) Any person who maintains or is employed by a facility or

establishment that provides care for children, children’s camp or

other public or private facility, institution or agency furnishing care

to a child;

(g) Any person licensed to conduct a foster home;

(h) Any officer or employee of a law enforcement agency or an

adult or juvenile probation officer;

(i) An attorney, unless he has acquired the knowledge of the

abuse or neglect from a client who is or may be accused of the abuse

or neglect;

(j) Any person who maintains, is employed by or serves as a

volunteer for an agency or service which advises persons regarding

abuse or neglect of a child and refers them to persons and agencies

where their requests and needs can be met; and

(k) Any person who is employed by or serves as a volunteer for

an approved youth shelter. As used in this paragraph, “approved

youth shelter” has the meaning ascribed to it in NRS 244.422.

4. A report may be made by any other person.

5. If a person who is required to make a report pursuant to

subsection 1 knows or has reasonable cause to believe that a child

has died as a result of abuse or neglect, the person shall, as soon as

reasonably practicable, report this belief to the appropriate medical

examiner or coroner, who shall investigate the report and submit to

an agency which provides child welfare services his written

findings. The written findings must include, if obtainable, the

information required pursuant to the provisions of subsection 2 of

NRS 432B.230.

Sec. 51. NRS 608.0116 is hereby amended to read as follows:

608.0116 “Professional” means pertaining to an employee who

is licensed or certified by the State of Nevada for and engaged in the

practice of law or any of the professions regulated by chapters 623

to 645, inclusive, and 656A of NRS[.] and sections 2 to 37,

inclusive, of this act.

Sec. 52. Notwithstanding the provisions of sections 2 to 37,

inclusive, of this act, a person who engages in the practice of

athletic training is not required to be licensed as such pursuant to the

provisions of this act before July 1, 2004.

Sec. 53. 1. Notwithstanding the provisions of sections 2 to

37, inclusive, of this act, a person may be licensed as an athletic

trainer, if he is employed or otherwise working as an athletic trainer

on October 1, 2003, he is qualified for a license as an athletic trainer

pursuant to the provisions of subsection 2 and, before April 1, 2004,

he submits to the Board of Athletic Trainers created pursuant to

section 16 of this act:

(a) An application for a license on a form provided by the

Board;

(b) The fee for the license prescribed by the Board pursuant to

section 33 of this act; and

unless after January 1, 2003, the provisions of 42 U.S.C. § 666

requiring each state to establish procedures under which the state

has authority to withhold or suspend, or to restrict the use of

professional, occupational and recreational licenses of persons who:

(1) Have failed to comply with a subpoena or warrant

relating to a procedure to determine the paternity of a child or to

establish or enforce an obligation for the support of a child; or

(2) Are in arrears in the payment for the support of one or

more children,

are repealed by the Congress of the United States.

2. An applicant is qualified for a license pursuant to this

section as an athletic trainer if he:

(a) Is certified as an athletic trainer by the National Athletic

Trainers Association Board of Certification;

(b) Has a bachelor’s degree in a course of study approved by the

Board; or

that the Board determines qualify him to engage in the practice of

athletic training.

Sec. 54. 1. Notwithstanding the provisions of section 16 of

this act, each athletic trainer who is appointed to the Board of

Athletic Trainers to an initial term pursuant to subsection 2 is not

required to be licensed pursuant to sections 2 to 37, inclusive, of this

act, at the time of appointment but must be eligible for a license as

such at the time of appointment.

2. As soon as practicable after October 1, 2003, the Governor

shall appoint to the Board of Athletic Trainers:

(a) Two members whose terms expire on September 30, 2005;

and

(b) Three members whose terms expire on September 30, 2006.

Sec. 55. 1. On or before January 1, 2004, the Board of

Athletic Trainers shall:

(a) Identify the personal trainers and other fitness instructors in

this state and establish a registry of the names and addresses of

those personal trainers and other fitness instructors to provide notice

of the time and place of the public hearings held by the Board

pursuant to this section; and

(b) Hold not less than five public hearings for the purpose of

establishing recommendations concerning the regulation of personal

trainers and other fitness instructors in this state.

2. On or before January 15, 2005, the Board shall submit a

report of its findings and recommendations concerning the

regulation of personal trainers and other fitness instructors in this

state to the 73rd Session of the Nevada Legislature. The

recommendations may include, without limitation, appropriate:

(a) Educational qualifications and experience requirements for

licensure;

(b) Fees for the issuance and renewal of licenses;

(d) Grounds for disciplinary action.

Sec. 56. Sections 28 and 29 of this act expire by limitation on

the date on which the provisions of 42 U.S.C. § 666 requiring each

state to establish procedures under which the state has authority to

withhold or suspend, or to restrict the use of professional,

occupational and recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant relating to

a procedure to determine the paternity of a child or to establish or

enforce an obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

²⁰~~~~~⁰³