SB310_R1

Senate Bill No. 310–Senator Carlton

CHAPTER..........

AN ACT relating to agencies; clarifying that certain occupational boards and commissions must act in the public interest; revising the qualifications for the members of certain occupational boards and commissions; providing that the members of certain occupational boards and commissions must be provided with certain materials and training upon appointment; revising the authority of certain occupational boards and commissions to hire employees or contract with independent contractors; revising the qualifications for the executive director or executive secretary of certain occupational boards and commissions; revising the audit requirements for certain occupational boards and commissions; increasing the membership of the State Board of Osteopathic Medicine; 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. Chapter 622 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 13, inclusive, of this

act.

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

requires, the words and terms defined in sections 3 to 7, inclusive,

of this act have the meanings ascribed to them in those sections.

Sec. 3. “Immediate relative” means:

1. A spouse.

2. A parent, by blood, marriage or adoption.

3. A child, by blood, marriage or adoption.

Sec. 4. “License” means any license, certificate, registration,

permit or similar type of authorization issued by a regulatory body.

Sec. 5. “Licensee” means a person who holds any license,

certificate, registration, permit or similar type of authorization

issued by a regulatory body.

Sec. 6. “Member of a regulatory body” means a person who

is serving as a member or officer of a regulatory body.

Sec. 7. “Regulatory body” means:

1. Any agency, board or commission which has the authority

to regulate an occupation or profession pursuant to this title; and

2. Any officer of an agency, board or commission which has

the authority to regulate an occupation or profession pursuant to

this title.

Sec. 8. In regulating an occupation or profession pursuant to

this title, each regulatory body shall carry out and enforce the

provisions of this title for the protection and benefit of the public.

Sec. 9. As soon as practicable after a person is first

appointed to serve as a member of a regulatory body, the person

must be provided with:

1. A written summary of the duties and responsibilities of a

member of the regulatory body; and

2. Training on those duties and responsibilities by the

Attorney General. The training must include, without limitation,

instruction related to the audit that is required by NRS 218.825,

except that a person who is a member of the Nevada State Board

of Accountancy is not required to be provided with instruction

related to that audit.

Sec. 10. Except as otherwise provided in section 11 of this

act, a regulatory body may not employ a person whose immediate

relative is a licensee of the regulatory body, unless the regulatory

body implements policies and procedures to prevent the person

who is employed by the regulatory body from participating in any

activities that are directly related to the licensee.

Sec. 11. If a regulatory body employs a person as an

executive director or executive secretary or in a position with

powers and duties similar to those of an executive director or

executive secretary, the person:

1. Must possess a level of education or experience, or a

combination of both, to qualify the person to perform the

administrative and managerial tasks required of the position; and

2. Must not be the immediate relative of:

(a) A member or employee of the regulatory body; or

(b) A licensee of the regulatory body.

Sec. 12. A regulatory body may not contract with a person to

provide services to the regulatory body as an independent

contractor if the person is the immediate relative of:

1. A member or employee of the regulatory body; or

2. A licensee of the regulatory body, unless the regulatory

body implements policies and procedures to prevent the person

who is the independent contractor from participating in any

activities that are directly related to the licensee.

Sec. 13. If a licensee of a regulatory body appears before the

regulatory body concerning any matter that is within the

jurisdiction of the regulatory body, the licensee must disclose, to

the best of his knowledge, whether an immediate relative of the

licensee:

1. Is employed by the regulatory body; or

2. Has any financial, business, professional or personal

relationship with a member or employee of the regulatory body.

Sec. 14. NRS 622.100 is hereby amended to read as follows:

622.100 1. Each [occupational licensing board] regulatory

body shall, on or before the 20th day of January, April, July and

October, submit to the Director of the Legislative Counsel Bureau a

summary of each disciplinary action taken by the regulatory body

during the immediately preceding calendar quarter against [the

holder of a license, certificate, registration or permit issued by the

occupational licensing board.] any licensee of the regulatory body.

2. The Director of the Legislative Counsel Bureau shall:

(a) Provide any information he receives pursuant to subsection 1

to a member of the public upon request;

(b) Cause a notice of the availability of such information to be

posted on the public website of the Nevada Legislature on the

Internet; and

pursuant to subsection 1 to the Legislative Commission quarterly,

unless otherwise directed by the Commission.

Sec. 15. NRS 622.110 is hereby amended to read as follows:

622.110 1. Each [occupational licensing board] regulatory

body shall, on or before November 1 of each even-numbered year,

submit a report of its activities to the Director of the Legislative

Counsel Bureau.

2. The report must include, without limitation:

(a) The number of licenses [, certificates, registrations and

permits, respectively,] issued by the [occupational licensing board]

regulatory body during the immediately preceding 2 fiscal years;

(b) A summary of the budget of the [occupational licensing

board] regulatory body during the immediately preceding 2 fiscal

years that is related to the duties of the [occupational licensing

board] regulatory body pursuant to this title, including, without

limitation, a description of all income and expenditures related to

such duties;

regulatory body during the immediately preceding 2 fiscal years

against [the holder of a license, certificate, registration or permit

issued by the occupational licensing board;] any licensee of the

regulatory body; and

(d) Any other information that is requested by the Director of

the Legislative Counsel Bureau or which the [occupational licensing

board] regulatory body determines would be helpful to the

Legislature in evaluating whether the continued existence of the

[occupational licensing board] regulatory body is necessary.

3. The Director of the Legislative Counsel Bureau shall

compile all the reports he receives and distribute copies of the

compilation to the Senate Standing Committee on Commerce and

Labor and the Assembly Standing Committee on Commerce and

Labor, which each shall review the compilation to determine

whether the continued existence of each [occupational licensing

board] regulatory body is necessary.

Sec. 16. NRS 623.050 is hereby amended to read as follows:

623.050 1. The State Board of Architecture, Interior Design

and Residential Design, consisting of nine members appointed by

the Governor, is hereby created.

2. The Governor shall appoint:

(a) Five members who are registered architects and have been in

the active practice of architecture in the State of Nevada for not less

than 3 years preceding their appointment.

(b) One member who is a registered residential designer.

are not registered architects or residential designers.

(d) One member who is a representative of the general public.

This member must not be:

(1) A registered architect, a registered interior designer or a

registered residential designer; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a registered architect, a registered interior designer or

a registered residential designer.

3. Members of the Board must have been residents of this state

for not less than 2 years preceding their appointment.

4. The Governor may, upon a bona fide complaint, and for

good cause shown, after 10 days’ notice to any member against

whom charges may be filed, and after opportunity for hearing,

remove the member for inefficiency, neglect of duty or malfeasance

in office.

Sec. 17. NRS 623A.080 is hereby amended to read as follows:

623A.080 1. The State Board of Landscape Architecture,

consisting of five members appointed by the Governor, is hereby

created.

2. The Governor shall appoint:

(a) Four members who, at the time of their appointment, are not

the subject of any disciplinary action by the Board and who, for not

less than 3 years immediately preceding their appointment, have

been:

(1) Engaged in the practice of landscape architecture; and

(2) Holders of certificates of registration; and

(b) One member who is a representative of the general public.

This member must not be:

(1) A landscape architect or a landscape architect intern; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a landscape architect or a landscape architect intern.

3. Each member must have been a resident of this state for not

less than 3 years immediately preceding his appointment.

4. A member of the Board shall not serve for more than three

terms.

5. Each member of the Board shall, within 30 days after he is

appointed, take and subscribe to the oath of office as prescribed by

the laws of this state and file the oath with the Secretary of State.

6. The member who is a representative of the general public

shall not participate in preparing or grading any examination

required by the Board.

7. Upon receipt of a complaint concerning a member of the

Board and for good cause shown, the Governor may, after providing

10 days’ notice to the member and providing an opportunity for a

hearing, remove the member for inefficiency, neglect of duty or

malfeasance in office.

8. An appointment to fill a vacancy in the membership of the

Board for a cause other than expiration of the term must be for the

unexpired portion of the term.

9. A member, agent or employee of the Board or any hearing

officer or member of a hearing panel appointed by the Board is

immune from personal liability relating to any action taken in good

faith and within the scope of his authority.

Sec. 18. NRS 624.050 is hereby amended to read as follows:

624.050 1. Six members of the Board must each:

(a) At the time of appointment, hold an unexpired license to

operate as a contractor.

(b) Be a contractor actively engaged in the contracting business

and must have been so engaged for not less than 5 years preceding

the date of his appointment.

least 5 years next preceding his appointment.

2. One member of the Board must be a representative of the

general public. This member must not be:

(a) A licensed contractor; or

(b) The spouse or the parent or child, by blood, marriage or

adoption, of a licensed contractor.

Sec. 19. NRS 625A.030 is hereby amended to read as follows:

625A.030 1. There is hereby created the Board of Registered

Environmental Health Specialists, consisting of the State Health

Officer or his designated representative and four members appointed

by the Governor.

2. After the initial terms, each member appointed by the

Governor must be appointed for a term of 3 years.

3. Of the members of the Board appointed by the Governor

after his initial appointments[, two] :

(a) Two must represent the general public . [and two] These

members must not be:

(1) An environmental health specialist; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of an environmental health specialist.

(b) Two must be environmental health specialists, one employed

by the health district containing Washoe County and one employed

by the health district containing Clark County.

4. The Governor may, after notice and hearing, remove any

member of the Board for misconduct in office, incompetency,

neglect of duty or other sufficient cause.

5. The Board shall elect from its members who are not

employees of the State a Chairman and a Secretary. The Chairman

must be elected annually on July 1. The Secretary continues in

office at the pleasure of the Board.

Sec. 20. NRS 628.045 is hereby amended to read as follows:

628.045 1. Except as otherwise provided in subsection 2, the

Governor shall appoint to the Board six members who are certified

public accountants in the State of Nevada and one member who is a

registered public accountant in the State of Nevada. Of the six

members who are certified public accountants:

(a) One member must be employed by the government or by

private industry; and

(b) Five members must be engaged in the practice of public

accounting.

2. Whenever the total number of registered public accountants

who practice is 10 or fewer, the Board must consist of six members

who are certified public accountants and the member who is a

registered public accountant until his term of office expires.

Thereafter, the Board must consist of [six] :

(a) Six members who are certified public accountants, one of

whom must be employed by the government or by private industry .

[, and one]

(b) One member who represents the public. This member must

not be:

(1) A certified public accountant, a public accountant or a

registered public accountant; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a certified public accountant, a public accountant or

a registered public accountant.

3. No person may be appointed to the Board unless he is:

(a) Engaged in active practice as a certified public accountant or

registered public accountant and holds a live permit to practice

public accounting in this state, or is appointed as the member who

represents the public.

(b) A resident of the State of Nevada.

Sec. 21. NRS 630.060 is hereby amended to read as follows:

630.060 1. Sixmembers of the Board must be persons who

are licensed to practice medicine in this state, are actually engaged

in the practice of medicine in this state and have resided and

practiced medicine in this state for at least 5 years preceding their

respective appointments.

2. One member of the Board must be a person who has

resided in this state for at least 5 years and who represents the

interests of persons or agencies that regularly provide health care

to patients who are indigent, uninsured or unable to afford health

care. This member must not be licensed under the provisions of

this chapter.

3. The remaining two members of the Board must be persons

who have resided in this state for at least 5 years and who:

(a) Are not licensed in any state to practice any healing art;

(b) Are not the spouse or the parent or child, by blood,

marriage or adoption, of a person licensed in any state to practice

any healing art;

for the dependent as defined in chapter 449 of NRS, medical facility

or medical school; and

[(c)] (d) Do not have a pecuniary interest in any matter

pertaining to the healing arts, except as a patient or potential patient.

[3.] 4. The members of the Board must be selected without

regard to their individual political beliefs.

[4. The Board shall conduct training programs to assist new

members of the Board in the performance of their duties.]

Sec. 22. NRS 630A.110 is hereby amended to read as follows:

630A.110 1. [Four] Three members of the Board must be

persons who are licensed to practice allopathic or osteopathic

medicine in any state or country, the District of Columbia or a

territory or possession of the United States, have been engaged in

the practice of homeopathic medicine in this state for a period of

more than 2 years preceding their respective appointments, are

actually engaged in the practice of homeopathic medicine in this

state and are residents of the State.

2. One member of the Board must be a person who has

resided in this state for at least 5 years and who represents the

interests of persons or agencies that regularly provide health care

to patients who are indigent, uninsured or unable to afford health

care. This member may be licensed under the provisions of this

chapter.

3. The remaining three members of the Board must be persons

who:

(a) Are not licensed in any state to practice any healing art;

(b) Are not the spouse or the parent or child, by blood,

marriage or adoption, of a person licensed in any state to practice

any healing art;

medical facility or facility for the dependent as defined in chapter

449 of NRS;

[(c)] (d) Do not have a pecuniary interest in any matter

pertaining to such a facility, except as a patient or potential patient;

and

[(d)] (e) Have resided in this state for at least 5 years.

[3.] 4. The members of the Board must be selected without

regard to their individual political beliefs.

[4.] 5. As used in this section, “healing art” means any system,

treatment, operation, diagnosis, prescription or practice for the

ascertainment, cure, relief, palliation, adjustment or correction of

any human disease, ailment, deformity, injury, or unhealthy or

abnormal physical or mental condition for the practice of which

long periods of specialized education and training and a degree of

specialized knowledge of an intellectual as well as physical nature

are required.

Sec. 23. NRS 631.130 is hereby amended to read as follows:

631.130 1. The Governor shall appoint:

(a) [Seven] Six members who are graduates of accredited dental

schools or colleges, are residents of Nevada and have ethically

engaged in the practice of dentistry in Nevada for a period of 5

years.

(b) One member who has resided in Nevada for at least 5 years

and who represents the interests of persons or agencies that

regularly provide health care to patients who are indigent,

uninsured or unable to afford health care. This member may be

licensed under the provisions of this chapter.

(1) Are graduates of accredited schools or colleges of dental

hygiene;

(2) Are residents of Nevada; and

(3) Have been actively engaged in the practice of dental

hygiene in Nevada for a period of at least 5 years before their

appointment to the Board.

[(c)] (d) One member who is a representative of the general

public. This member must not be:

(1) A dentist or a dental hygienist; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a dentist or a dental hygienist.

2. The members who are dental hygienists may vote on all

matters but may not participate in examinations for the licensing of

dentists.

3. [The member who is a representative of the general public

must] If a member is not licensed under the provisions of this

chapter, the member shall not participate in grading any

examination required by the Board.

Sec. 24. NRS 631.140 is hereby amended to read as follows:

631.140 1. The [seven] six members of the Board who are

dentists , the member of the Board who represents the interests of

persons or agencies that regularly provide health care to patients

who are indigent, uninsured or unable to afford health care, and

the member of the Board who is a representative of the general

public must be appointed from areas of the State as follows:

(a) Three of those members must be from Carson City, Douglas

County or Washoe County.

(b) Four of those members must be from Clark County.

2. One of the two members of the Board who are dental

hygienists must be appointed from Clark County , [;] the other must

be appointed from some other county of the State.

Sec. 25. NRS 632.030 is hereby amended to read as follows:

632.030 1. The Governor shall appoint:

(a) [Four] Three registered nurses who are graduates of an

accredited school of nursing, are licensed as professional nurses in

the State of Nevada and have been actively engaged in nursing for at

least 5 years preceding the appointment.

(b) One practical nurse who is a graduate of an accredited school

of practical nursing, is licensed as a practical nurse in this state and

has been actively engaged in nursing for at least 5 years preceding

the appointment.

provisions of this chapter.

(d) One member who represents the interests of persons or

agencies that regularly provide health care to patients who are

indigent, uninsured or unable to afford health care. This member

may be licensed under the provisions of this chapter.

(e) One member who is a representative of the general public.

This member must not be:

(1) A licensed practical nurse, a registered nurse, a nursing

assistant or an advanced practitioner of nursing; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a licensed practical nurse, a registered nurse, a

nursing assistant or an advanced practitioner of nursing.

2. Each member of the Board must be:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada who has resided in this

state for not less than 2 years.

3. A representative of the general public may not:

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

agency;

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

services; or

performance of health services.

4. The members appointed to the Board pursuant to paragraphs

(a) and (b) of subsection 1 must be selected to provide the broadest

representation of the various activities, responsibilities and types of

service within the practice of nursing and related areas, which may

include, without limitation, experience:

(a) In administration.

(b) In education.

(d) In an agency or clinic whose primary purpose is to provide

medical assistance to persons of low and moderate incomes.

(e) In a licensed medical facility.

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

vacancy occurs during a member’s term, the Governor shall appoint

a person qualified under this section to replace that member for the

remainder of the unexpired term.

6. No member of the Board may serve more than two

consecutive terms. For the purposes of this subsection, service of 2

or more years in filling an unexpired term constitutes a term.

Sec. 26. NRS 633.181 is hereby amended to read as follows:

633.181 The State Board of Osteopathic Medicine consists of

[five] seven members appointed by the Governor.

Sec. 27. NRS 633.191 is hereby amended to read as follows:

633.191 1. [Four] Five members of the Board must:

(a) Be licensed under this chapter;

(b) Be actually engaged in the practice of osteopathic medicine

in this state; and

5 years preceding their appointment.

2. One member of the Board must be a resident of the State of

Nevada and must represent the interests of persons or agencies

that regularly provide health care to patients who are indigent,

uninsured or unable to afford health care. This member must not

be licensed under the provisions of this chapter.

3. The remaining member of the Board must be a resident of

the State of Nevada[:] who is:

(a) Not licensed in any state to practice any healing art; [and]

(b) Not the spouse or the parent or child, by blood, marriage or

adoption, of a person licensed in any state to practice any healing

art; and

facility or facility for the dependent as defined in chapter 449 of

NRS.

Sec. 28. NRS 633.331 is hereby amended to read as follows:

633.331 1. Examinations must be held at least once a year at

the time and place fixed by the Board. The Board shall notify each

applicant in writing of the examinations.

2. The examination must be fair and impartial, practical in

character, and the questions must be designed to discover the

applicant’s fitness.

3. The Board may employ specialists and other professional

consultants or examining services in conducting the examination.

4. [The] Each member who is not licensed in any state to

practice any healing art shall not participate in preparing,

conducting or grading any examination required by the Board.

Sec. 29. NRS 634.020 is hereby amended to read as follows:

634.020 1. The Chiropractic Physicians’ Board of Nevada,

consisting of six members appointed by the Governor, is hereby

created.

2. The Governor shall appoint:

(a) [Five] Four members who are:

(1) Graduates of chiropractic schools or colleges giving a

course of study embracing the following subjects: Anatomy,

bacteriology, chiropractic theory and practice, diagnosis or analysis,

elementary chemistry and toxicology, histology, hygiene and

sanitation, obstetrics and gynecology, pathology, physiology and

symptomatology;

(2) Licensed under this chapter; and

(3) Actually engaged in the practice of chiropractic in this

state and who have been so engaged in this state for at least 3 years

preceding their appointment.

(b) One member who represents the interests of persons or

agencies that regularly provide health care to patients who are

indigent, uninsured or unable to afford health care. This member

may be licensed under the provisions of this chapter.

This member must not be:

(1) A chiropractor or a chiropractor’s assistant; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a chiropractor or a chiropractor’s assistant.

3. At least two of the appointees must have had a course in

physiotherapy in a school or college of chiropractic. Not more than

two persons who are resident graduates of the same school or

college of chiropractic may serve simultaneously as members of the

Board.

4. [The member who is a representative of the general public]

If a member is not licensed under the provisions of this chapter,

the member shall not participate in preparing any examination

required by the Board.

Sec. 30. NRS 634A.030 is hereby amended to read as follows:

634A.030 1. The State Board of Oriental Medicine,

consisting of five members appointed by the Governor, is hereby

created.

2. The Governor shall appoint to the Board:

(a) [Three] Two members who are licensed pursuant to this

chapter.

(b) One member who represents the interests of persons or

agencies that regularly provide health care to patients who are

indigent, uninsured or unable to afford health care. This member

may be licensed under the provisions of this chapter.

These members must not be:

(1) A doctor of Oriental medicine; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a doctor of Oriental medicine.

3. Each member of the Board shall, before entering upon the

duties of his office, take the oath of office prescribed by the

Constitution before someone qualified to administer oaths.

Sec. 31. NRS 635.020 is hereby amended to read as follows:

635.020 1. The State Board of Podiatry, consisting of five

members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) [Four] Three members who are licensed podiatric physicians

in the State of Nevada.

(b) One member who represents the interests of persons or

agencies that regularly provide health care to patients who are

indigent, uninsured or unable to afford health care. This member

may be licensed under the provisions of this chapter.

This member must not be:

(1) A licensed podiatric physician in the State of Nevada; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a licensed podiatric physician in the State of Nevada.

3. The members of the Board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed by the Board,

while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by

the Board, while engaged in the business of the Board. The rate

must not exceed the rate provided for state officers and employees

generally.

4. While engaged in the business of the Board, each employee

of the Board is entitled to receive a per diem allowance and travel

expenses at a rate fixed by the Board. The rate must not exceed the

rate provided for state officers and employees generally.

5. [The member who is a representative of the general public]

If a member is not licensed under the provisions of this chapter,

the member shall not participate in preparing, conducting or grading

any examination required by the Board.

Sec. 32. NRS 636.035 is hereby amended to read as follows:

636.035 1. The Governor shall appoint:

(a) Three members who are licensed to practice optometry in the

State of Nevada and are actually engaged in the practice of

optometry.

(b) One member who is a representative of the general public.

This member must not be:

(1) Licensed to practice optometry; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a person licensed to practice optometry.

2. A person shall not be appointed if he:

(a) Is the owner or co-owner of, a stockholder in, or a member

of the faculty or board of directors or trustees of, any school of

optometry;

(b) Is financially interested, directly or indirectly, in the

manufacture or wholesaling of optical supplies; or

involving moral turpitude.

3. The member who is a representative of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

Sec. 33. NRS 637.030 is hereby amended to read as follows:

637.030 1. The Board of Dispensing Opticians, consisting of

five members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who have actively engaged in the practice of

ophthalmic dispensing for not less than 3 years in the State of

Nevada immediately preceding the appointment.

(b) One member who is a representative of the general public.

This member must not be:

(1) A dispensing optician; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a dispensing optician.

3. The Governor, after hearing, may remove any member for

cause.

4. The member who is the representative of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

Sec. 34. NRS 637A.035 is hereby amended to read as follows:

637A.035 1. The Governor shall appoint:

(a) One member who is a physician with a specialty in

otorhinolaryngology or otology.

(b) One member who is licensed to engage in the practice of

audiology pursuant to chapter 637B of NRS.

(d) Two members who are representatives of the general public

and have hearing disorders. These members must not be:

(1) A hearing aid specialist, a physician with a specialty in

otorhinolaryngology or otology or a person licensed to engage in

the practice of audiology pursuant to chapter 637B of NRS; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a hearing aid specialist, a physician with a specialty

in otorhinolaryngology or otology or a person licensed to engage

in the practice of audiology pursuant to chapter 637B of NRS.

2. After their initial terms, the members of the Board shall

serve terms of 3 years.

3. No member of the Board may be a stockholder of a

manufacturer.

4. The members of the Board serve at the pleasure of the

Governor.

Sec. 35. NRS 637B.100 is hereby amended to read as follows:

637B.100 1. The Board of Examiners for Audiology and

Speech Pathology, consisting of five members appointed by the

Governor, is hereby created.

2. The Governor shall appoint:

(a) Two members who have been engaged in the practice of

speech pathology for 2 years or more;

(b) One member who has been engaged in the practice of

audiology for 2 years or more;

Board of Medical Examiners as a specialist in otolaryngology,

pediatrics or neurology; and

(d) One member who is a representative of the general public.

This member must not be:

(1) A speech pathologist or an audiologist; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a speech pathologist or an audiologist.

3. Members of the Board who are speech pathologists and

audiologists must be representative of the university, public school,

hospital or private aspects of the practice of audiology and of speech

pathology.

4. Each member of the Board who is a speech pathologist or

audiologist must hold a current license issued pursuant to this

chapter or a current certificate of clinical competence from the

American [Speech and] Speech-Language-Hearing Association.

5. The member who is a representative of the general public

may not participate in preparing, conducting or grading any

examination required by the Board.

Sec. 36. NRS 638.020 is hereby amended to read as follows:

638.020 1. The Nevada State Board of Veterinary Medical

Examiners is hereby created.

2. The Board consists of seven members appointed by the

Governor.

3. Six of the members must:

(a) Be residents of the State of Nevada.

(b) Be graduates of a veterinary college approved by the

American Veterinary Medical Association.

veterinary medicine in the State of Nevada for at least 5 years next

preceding the date of their appointment.

4. One member appointed by the Governor must be a

representative of the general public. This member must not be:

(a) A veterinarian, a veterinary technician or a euthanasia

technician; or

(b) The spouse or the parent or child, by blood, marriage or

adoption, of a veterinarian, a veterinary technician or a

euthanasia technician.

5. Any member may be removed from the Board by the

Governor for good cause.

Sec. 37. NRS 640.030 is hereby amended to read as follows:

640.030 1. The State Board of Physical Therapy Examiners,

consisting of five members appointed by the Governor, is hereby

created.

2. The Governor shall appoint:

(a) Four members who are licensed physical therapists in the

State of Nevada.

(b) One member who is a representative of the general public.

This member must not be:

(1) A physical therapist, a physical therapist’s assistant or a

physical therapist’s technician; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a physical therapist, a physical therapist’s assistant or

a physical therapist’s technician.

3. The member who is a representative of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

4. No member of the Board may serve more than two

consecutive terms.

5. The Governor may remove any member of the Board for

incompetency, neglect of duty, gross immorality or malfeasance in

office.

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

quorum.

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

for any act which he has performed in good faith in the execution of

his duties under this chapter.

Sec. 38. NRS 640A.080 is hereby amended to read as follows:

640A.080 1. The Board of Occupational Therapy, consisting

of five members appointed by the Governor, is hereby created.

2. The Governor shall appoint to the Board:

(a) One member who is a representative of the general public .

[;] This member must not be:

(1) An occupational therapist or an occupational therapy

assistant; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of an occupational therapist or an occupational therapy

assistant.

(b) One member who is an occupational therapist or

occupational therapy assistant . [; and]

3. Each member of the Board must be a resident of Nevada. An

occupational therapist or occupational therapy assistant appointed to

the Board must:

(a) Have practiced, taught or conducted research in occupational

therapy for the 5 years immediately preceding his appointment; and

(b) Except for the initial members, hold a license issued

pursuant to this chapter.

4. No member of the Board may serve more than two

consecutive terms.

5. If a vacancy occurs during a member’s term, the Governor

shall appoint a person qualified under this section to replace that

member for the remainder of the unexpired term.

Sec. 39. NRS 641.040 is hereby amended to read as follows:

641.040 1. The Governor shall appoint to the Board:

(a) Four members who are licensed psychologists in the State of

Nevada with at least 5 years of experience in the practice of

psychology after being licensed.

(b) One member who is a representative of the general public.

This member must not be:

(1) A psychologist; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a psychologist.

2. A person is not eligible for appointment unless he is:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada.

3. The member who is a representative of the general public:

(a) Shall not participate in preparing, conducting or grading any

examination required by the Board.

(b) Must not be a psychologist, an applicant or former applicant

for licensure as a psychologist, a member of a health profession or a

member of a household that includes a psychologist.

4. Board members must not have any conflicts of interest or the

appearance of such conflicts in the performance of their duties as

members of the Board.

Sec. 40. NRS 641A.100 is hereby amended to read as follows:

641A.100 1. The Governor shall appoint to the Board:

(a) Four members who are licensed marriage and family

therapists and are in good standing with or acceptable for

membership in their local or state societies and associations when

they exist; and

(b) Two members who are representatives of the general public.

These members must not be:

(1) A marriage and family therapist; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a marriage and family therapist.

2. The members who are representatives of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

3. The Governor may, after notice and hearing, remove any

member of the Board for misconduct in office, incompetence,

neglect of duty or other sufficient cause.

Sec. 41. NRS 641B.100 is hereby amended to read as follows:

641B.100 1. The Board of Examiners for Social Workers

consists of five members appointed by the Governor.

2. Four members appointed to the Board must be licensed or

eligible for licensure pursuant to this chapter, except the initial

members who must be eligible for licensure.

3. One member appointed to the Board must be a

representative of the general public. This member must not be:

(a) Licensed or eligible for licensure pursuant to this chapter;

(b) The spouse or the parent or child, by blood, marriage or

adoption, of a person who is licensed or eligible for licensure

pursuant to this chapter.

Sec. 42. NRS 641C.150 is hereby amended to read as follows:

641C.150 1. The Board of Examiners for Alcohol and Drug

Abuse Counselors, consisting of five members appointed by the

Governor, is hereby created.

2. The Board must consist of:

(a) Three members who are licensed as alcohol and drug abuse

counselors pursuant to the provisions of this chapter . [;]

(b) One member who is certified as an alcohol and drug abuse

counselor pursuant to the provisions of this chapter . [; and]

This member must not be:

(1) A licensed or certified alcohol and drug abuse

counselor; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a licensed or certified alcohol and drug abuse

counselor.

3. A person may not be appointed to the Board unless he is:

(a) A citizen of the United States or is lawfully entitled to

remain and work in the United States; and

(b) A resident of this state.

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

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

duties pursuant to the provisions of this chapter.

Sec. 43. NRS 648.020 is hereby amended to read as follows:

648.020 1. The Private Investigator’s Licensing Board,

consisting of the Attorney General or his deputy and four members

appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) One member who is a private investigator.

(b) One member who is a private patrolman.

(d) One member who is a representative of the general public.

This member must not be:

(1) A licensee; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a licensee.

3. The Chairman of the Board is the Attorney General or a

deputy attorney general designated by the Attorney General to act in

that capacity.

4. Each member of the Board, except the Chairman, is entitled

to receive:

(a) A salary of not more than $80, as fixed by the Board, for

each day or portion of a day during which he attends a meeting of

the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by

the Board, while engaged in the business of the Board. The rate

must not exceed the rate provided for state officers and employees

generally.

5. While engaged in the business of the Board, each employee

of the Board is entitled to receive a per diem allowance and travel

expenses at a rate fixed by the Board. The rate must not exceed the

rate provided for state officers and employees generally.

6. The member who is a representative of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

Sec. 44. NRS 654.060 is hereby amended to read as follows:

654.060 1. The Governor shall appoint:

(a) Two members who are nursing facility administrators.

(b) One member who is an administrator of a residential facility

for groups with less than seven clients.

for groups with seven or more clients.

(d) One member who is a member of the medical or paramedical

professions.

(e) One member who is a representative of the general public.

This member must not be:

(1) A nursing facility administrator or an administrator of a

residential facility for groups; or

(2) The spouse or the parent or child, by blood, marriage or

adoption, of a nursing facility administrator or an administrator of

a residential facility for groups.

2. The member who is a representative of the general public

shall not participate in preparing, conducting or grading any

examination required by the Board.

Sec. 45. NRS 218.825 is hereby amended to read as follows:

218.825 1. [Each of the boards and commissions] Except as

otherwise provided in subsection 2, each board or commission

created by the provisions of chapters 623 to 625A, inclusive, 628 to

644, inclusive, [and 641C,] 654 and 656 of NRS shall :

(a) If the revenue of the board or commission from all sources

is less than $50,000 for any fiscal year, prepare a balance sheet for

that fiscal year on the form provided by the Legislative Auditor

and file the balance sheet with the Legislative Auditor and the

Chief of the Budget Division of the Department of Administration

on or before December 1 following the end of that fiscal year. The

Legislative Auditor shall prepare and make available a form that

must be used by a board or commission to prepare such a balance

sheet.

(b) If the revenue of the board or commission from all sources

is $50,000 or more for any fiscal year, engagethe 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] for that 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] and file a report of [each such audit must be filed by the

board or commission] the audit 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] following the end of that fiscal year.

2. In lieu of preparing a balance sheet or having an audit

conducted for a single fiscal year, a board or commission may

engage the services of a certified public accountant or public

accountant, or firm of either of such accountants, to audit all its

fiscal records for a period covering two successive fiscal years. If

such an audit is conducted, the board or commission shall file the

report of the audit with the Legislative Auditor and the Chief of

the Budget Division of the Department of Administration on or

before December 1 following the end of the second fiscal year.

3. The cost of each audit conducted pursuant to subsection 1

or 2 must be paid by the board or commission that is audited. Each

such audit 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]

4. Whether or not a board or commission is required to have

its fiscal records audited pursuant to subsection 1 or 2, 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.

5. A person who is a state officer or employee of a board or

commission is guilty of nonfeasance if the person:

(a) Is responsible for preparing a balance sheet or having an

audit conducted pursuant to this section or is responsible for

preparing or maintaining the fiscal records that are necessary to

prepare a balance sheet or have an audit conducted pursuant to

this section; and

(b) Knowingly fails to prepare the balance sheet or have the

audit conducted pursuant to this section or knowingly fails to

prepare or maintain the fiscal records that are necessary

to prepare a balance sheet or have an audit conducted pursuant to

this section.

6. In addition to any other remedy or penalty, a person who is

guilty of nonfeasance pursuant to this section forfeits his state

office or employment and may not be appointed to a state office or

position of state employment for a period of 2 years following the

forfeiture. The provisions of this subsection do not apply to a state

officer who may be removed from office only by impeachment

pursuant to Article 7 of the Nevada Constitution.

Sec. 46. As soon as practicable after October 1, 2003, the

Governor shall appoint to the State Board of Osteopathic Medicine

pursuant to:

1. Subsection 2 of NRS 633.191, one member whose term

expires on September 30, 2006.

2. Subsection 1 of NRS 633.191, one member whose term

expires on September 30, 2007.

Sec. 47. 1. The amendatory provisions of this act do not

abrogate or affect the current term of office of any member of a

board or commission who is serving in that term on October 1,

2003.

2. Notwithstanding the amendatory provisions of this act, if a

person, on October 1, 2003, has a valid contract with a board or

commission to perform any services as an independent contractor

and the contract would otherwise violate the amendatory provisions

of this act, the person may continue to perform those services for the

board or commission under the terms of the contract in existence on

October 1, 2003, for the remaining term of the contract.

3. Notwithstanding the amendatory provisions of this act, if a

person, on October 1, 2003, is employed by a board or commission

as an executive director or executive secretary or in a position with

powers or duties similar to those of an executive director or

executive secretary and the person does not possess the level of

education or experience, or a combination of both, to qualify the

person to perform the administrative and managerial tasks required

of the position in accordance with the amendatory provisions of this

act, the board or commission may continue to employ the person in

the position until July 1, 2005, without the person complying with

the amendatory provisions of this act.

Sec. 48. NRS 622.010 is hereby repealed.

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