ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 5 as sections 1 through 4.
Amend the bill as a whole by deleting sec. 6 and renumbering sections 7 through 12 as sections 5 through 10.
Amend sec. 7, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:
“6. If an applicant brings a civil action against the Board for denial of a license and the decision of the Board is upheld, the Board may recover all administrative expenses and attorney’s fees and costs incurred by the Board in defending the action brought against it.”.
Amend the bill as a whole by deleting sec. 13, renumbering sections 14 through 16 as sections 12 through 14 and adding a new section designated sec. 11, following sec. 12, to read as follows:
“Sec. 11. NRS 638.145 is hereby amended to read as follows:
638.145 The Board shall not refuse to issue a license to an applicant or take any disciplinary action [except upon satisfactory proof] against a licensee unless the Board finds, by a preponderance of the evidence, that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.”.
Amend sec. 15, page 8, by deleting lines 31 through 40 and inserting:
“638.1515 1. In any proceeding before the Board:
[1.] (a) Proof of actual injury need not be established where the [statement of findings charges] charge is deceptive or unethical professional conduct.
[2.] (b) If proof of actual injury is an issue, proof of actual injury may be established by the testimony and opinion of a witness who is not an expert witness.
(c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.
2. As used in this section, “actual injury” means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.”.
Amend sec. 16, page 8, by deleting line 41 and inserting:
“Sec. 14. NRS 638.1426 is hereby”.
Amend the bill as a whole by deleting the text of repealed sections and adding the text of the repealed section to read as follows:
“
TEXT OF REPEALED SECTION
638.1426 Stay by court of Board’s summary order for suspension prohibited; exception. If the Board issues an order summarily suspending the license of a veterinarian or veterinary technician pending proceedings for disciplinary action, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as practicable.”.
Amend the title of the bill to read as follows:
“AN ACT relating to veterinarians; eliminating the requirement that a complaint filed with the Nevada State Board of Veterinary Medical Examiners must be verified; revising provisions governing the educational requirements for a license to practice veterinary medicine; eliminating the requirement that an application for the renewal of a license must be notarized; revising the procedure for the disposition of complaints filed with the Board; and providing other matters properly relating thereto.”.