(Reprinted with amendments adopted on April 16, 2003)

 

Senate Bill No. 427–Committee on Commerce and Labor

 

(On Behalf of the Board of Veterinary
Medical Examiners)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to veterinarians. (BDR 54‑472)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 638.013 is hereby amended to read as follows:

1-2  638.013  “Veterinary technician” means a person who is

1-3  [formally:] :

1-4  1.  Licensed by the Board pursuant to NRS 638.122; and

1-5  2.  Formally trained for the specific purpose of assisting a

1-6  licensed veterinarian in the performance of professional or technical

1-7  services in the field of veterinary medicine.

1-8  Sec. 2.  NRS 638.020 is hereby amended to read as follows:

1-9  638.020  1.  The Nevada State Board of Veterinary Medical

1-10  Examiners is hereby created.

2-1  2.  The Board consists of seven members appointed by the

2-2  Governor.

2-3  3.  Six of the members must:

2-4  (a) Be residents of the State of Nevada.

2-5  (b) Be graduates of a veterinary college [approved] accredited

2-6  by the American Veterinary Medical Association.

2-7  (c) Have been lawfully engaged in the [private] practice of

2-8  veterinary medicine in the State of Nevada for at least 5 years next

2-9  preceding the date of their appointment.

2-10      4.  One member appointed by the Governor must be a

2-11  representative of the general public.

2-12      5.  Any member may be removed from the Board by the

2-13  Governor for good cause.

2-14      Sec. 3.  NRS 638.060 is hereby amended to read as follows:

2-15      638.060  1.  The Board shall meet at least annually and on the

2-16  call of the President or any four of its members.

2-17      2.  Four members of the Board constitute a quorum[.] , and a

2-18  quorum is necessary to conduct the business of the Board. Any

2-19  action taken by the Board must be approved by at least a majority

2-20  of the members present at a hearing or meeting of the Board.

2-21      Sec. 4.  NRS 638.087 is hereby amended to read as follows:

2-22      638.087  1.  The Board shall keep a record of:

2-23      (a) All charges filed against a licensee;

2-24      (b) The proceedings of any formal hearing conducted by the

2-25  Board or a hearing officer;

2-26      (c) Any order filed by the Board; and

2-27      (d) All licenses issued by the Board including the name of the

2-28  holder of the license, his business [and residential addresses,]

2-29  address, the date the license was issued and the [serial] number of

2-30  the license.

2-31      2.  The records of the Board listed in subsection 1 must be open

2-32  to the public at reasonable times and places.

2-33      Sec. 5.  NRS 638.100 is hereby amended to read as follows:

2-34      638.100  1.  Any person who desires to secure a license to

2-35  practice veterinary medicine, surgery, obstetrics or dentistry in the

2-36  State of Nevada must make written application to the Executive

2-37  Director of the Board.

2-38      2.  The application must include the social security number of

2-39  the applicant and any other information required by the Board and

2-40  must be accompanied by satisfactory proof that the applicant:

2-41      (a) Is of good moral character;

2-42      (b) Except as otherwise provided in subsection 3, has received a

2-43  diploma conferring the degree of doctor of veterinary medicine or

2-44  its equivalent from a school of veterinary medicine [within the

2-45  United States or Canada] that is accredited by the Council on

3-1  Education of the American Veterinary Medical Association or, if

3-2  the applicant is a graduate of a school of veterinary medicine

3-3  [located outside the United States or Canada,] that is not accredited

3-4  by the Council on Education of the American Veterinary Medical

3-5  Association, that he has received an educational certificate issued

3-6  [after December 31, 1972,] by the Educational [Committee on]

3-7  Commission for Foreign Veterinary Graduates of the American

3-8  Veterinary Medical Association[;] or, if the Educational

3-9  Commission for Foreign Veterinary Graduates of the American

3-10  Veterinary Medical Association ceases to exist, by an organization

3-11  approved by the Board that certifies that the holder of the

3-12  certificate has demonstrated knowledge and skill of veterinary

3-13  medicine that is equivalent to the knowledge and skill of veterinary

3-14  medicine of a graduate of a college of veterinary medicine that is

3-15  accredited by the Council on Education of the American

3-16  Veterinary Medical Association;

3-17      (c) Has passed each examination required by the Board pursuant

3-18  to NRS 638.110; and

3-19      (d) Is a citizen of the United States or is lawfully entitled to

3-20  remain and work in the United States.

3-21      3.  A veterinary student in his final year at a school accredited

3-22  by the American Veterinary Medical Association may submit an

3-23  application to the Board and take the state examination administered

3-24  by the Board, but the Board may not issue him a license until he has

3-25  complied with the requirements of subsection 2.

3-26      4.  The application must be signed by the applicant, notarized

3-27  and accompanied by a fee set by the Board, not to exceed $500.

3-28      5.  The Board may refuse to issue a license [upon satisfactory

3-29  proof that the] if the Board determines that an applicant has

3-30  committed an act which would be a ground for disciplinary action if

3-31  the applicant were a licensee.

3-32      6.  If an applicant brings a civil action against the Board for

3-33  denial of a license and the decision of the Board is upheld, the

3-34  Board may recover all administrative expenses and attorney’s fees

3-35  and costs incurred by the Board in defending the action brought

3-36  against it.

3-37      Sec. 6.  NRS 638.123 is hereby amended to read as follows:

3-38      638.123  1.  Each applicant for a license as a veterinary

3-39  technician must pass:

3-40      (a) The state examination administered by the Board; and

3-41      (b) The [national] Veterinary Technician National Examination

3-42  [administered by the American Veterinary Medical Association ;

3-43  and

4-1  (c) Any] or any other examination [required] approved by the

4-2  Board . [which has been approved by the Board or the American

4-3  Veterinary Medical Association.]

4-4  2.  The Board may supplement the written examination required

4-5  by this section with oral interviews and practical demonstrations as

4-6  the Board considers necessary.

4-7  3.  The Board shall adopt regulations prescribing the

4-8  requirements for examination.

4-9  Sec. 7.  NRS 638.127 is hereby amended to read as follows:

4-10      638.127  1.  On or before November 15 of each year, the

4-11  Executive Director shall mail to each person licensed under the

4-12  provisions of this chapter an application form for the renewal of his

4-13  license.

4-14      2.  Each applicant for renewal must complete the form and

4-15  return it to the Executive Director, accompanied by the statement

4-16  required pursuant to NRS 638.103, the renewal fee and full payment

4-17  of all fines which he owes to the Board, on or before January 1 of

4-18  each year. Each application for renewal must be signed by the

4-19  applicant . [and notarized.] The renewal fee for licensees and

4-20  persons on inactive status must be in an amount determined by the

4-21  Board.

4-22      3.  Upon receipt of the application and statement and payment

4-23  of the renewal fee and all fines owed, the Board shall issue to that

4-24  person a certificate of renewal.

4-25      4.  Any person who fails to renew his license on or before

4-26  March 1 of each year forfeits his license.

4-27      5.  When a person has forfeited his license in the manner

4-28  provided in subsection 4, the Board may reinstate the license and

4-29  issue a certificate of renewal upon receipt of the statement required

4-30  pursuant to NRS 638.103 and payment of:

4-31      (a) The renewal fee;

4-32      (b) All fines owed; and

4-33      (c) A delinquency penalty of $50 for each month or fraction

4-34  thereof the license was not renewed after January 1.

4-35      6.  If a licensee does not practice for more than 12 consecutive

4-36  months, the Board may require him to take an examination to

4-37  determine his competency before renewing his license.

4-38      7.  If a licensee does not renew his license and he is licensed to

4-39  practice in another state or territory of the United States, the Board

4-40  may not issue him a license to practice in the State by reciprocity.

4-41  Such a licensee must reinstate his license in the manner prescribed

4-42  by the Board.

4-43      Sec. 8.  NRS 638.1413 is hereby amended to read as follows:

4-44      638.1413  1.  The Board or any of its members who becomes

4-45  aware of any fact which may be any one or a combination of the

5-1  grounds for initiating disciplinary action shall, and any other person

5-2  who is so aware may, file with the Board a [verified] written

5-3  complaint specifying the relevant facts.

5-4  2.  The Board may, upon its own motion, and shall, upon

5-5  receipt of such a complaint, investigate the actions of any applicant

5-6  for a license or any holder of a license issued pursuant to the

5-7  provisions of this chapter.

5-8  3.  The Executive Director shall send written notice by certified

5-9  mail with return receipt requested to the person being investigated.

5-10  The notice must contain the name of the person who filed the

5-11  complaint against the licensee, the nature of the complaint and a

5-12  request for any medical records the licensee may have relating to the

5-13  complaint.

5-14      Sec. 9.  NRS 638.1419 is hereby amended to read as follows:

5-15      638.1419  [1.] The Board shall appoint one of its members to

5-16  conduct the investigation of a complaint. The member conducting

5-17  the investigation may request assistance from the Attorney General

5-18  or the Executive Director of the Board, and may employ

5-19  investigators, professional consultants, and any other personnel

5-20  necessary to conduct the investigation.

5-21      [2.  Immediately after his appointment, the member conducting

5-22  the investigation shall notify the person being investigated by

5-23  telephone or by certified mail with return receipt requested. The

5-24  member conducting the investigation shall describe the reasons for

5-25  the investigation.]

5-26      Sec. 10.  NRS 638.1429 is hereby amended to read as follows:

5-27      638.1429  1.  [If] After the investigation of the complaint is

5-28  completed, the member of the Board [conducting ] who conducted

5-29  the investigation shall submit to the Board a written report of his

5-30  findings and recommendations concerning the disposition of the

5-31  complaint.

5-32      2.  If the Board determines that there [is a reasonable basis for

5-33  the complaint, he shall submit to the Board a written statement of

5-34  his findings.

5-35      2.  If the member conducting the investigation] is not sufficient

5-36  evidence to believe that a licensee has committed an act which

5-37  constitutes a cause for disciplinary action, the Board shall dismiss

5-38  the complaint and send a written notice to the person who filed the

5-39  complaint and the licensee who was the subject of the

5-40  investigation that the complaint was dismissed.

5-41      3.  If the Board determines that there [is a reasonable basis for

5-42  the complaint, he may:

5-43      (a) Recommend a formal hearing. If the Board agrees with this

5-44  recommendation it shall, by motion, fix] is sufficient evidence to

5-45  believe that a licensee has committed an act which constitutes a

6-1  ground for disciplinary action, the Board may enter into a

6-2  settlement agreement with the licensee. The settlement agreement

6-3  must be signed by the licensee and the President of the Board. The

6-4  Board shall send a written notice of the settlement to the person

6-5  who filed the complaint against the licensee. The notice must

6-6  include a copy of the settlement agreement. The complaint and the

6-7  settlement agreement are public records.

6-8  4.  If the Board does not enter into a settlement agreement

6-9  with the licensee, the Board shall:

6-10      (a) Cause an accusation to be filed against the licensee. The

6-11  accusation must:

6-12          (1) Include a written statement of the charges alleged;

6-13          (2) Set forth in ordinary and concise language the acts or

6-14  omissions with which the licensee is charged;

6-15          (3) Specify the statutes and regulations which the licensee

6-16  is alleged to have violated; and

6-17          (4) Be signed by the President of the Board.

6-18      (b) Fix a time and place for a hearing and so notify the [person]

6-19  licensee at least [20] 30 days before the date of the hearing. The

6-20  notice must include a copy of the [statement of findings.

6-21      (b) Recommend that the Board conduct an informal hearing

6-22  based on the allegations in the verified complaint and the results of

6-23  the investigation.

6-24      (c) Submit his statement of findings to the person under

6-25  investigation.

6-26  If he agrees in writing to the findings of the member conducting the

6-27  investigation, the Board may adopt that report and take such

6-28  disciplinary action as is necessary without conducting a hearing.]

6-29  accusation and any disciplinary action the Board may impose

6-30  pursuant to NRS 638.147.

6-31      Sec. 11.  NRS 638.145 is hereby amended to read as follows:

6-32      638.145  The Board shall not refuse to issue a license to an

6-33  applicant or take any disciplinary action [except upon satisfactory

6-34  proof] against a licensee unless the Board finds, by a

6-35  preponderance of the evidence, that the applicant or licensee has

6-36  engaged in one or more of the practices prohibited by the provisions

6-37  of this chapter.

6-38      Sec. 12.  NRS 638.148 is hereby amended to read as follows:

6-39      638.148  1.  Any person against whom disciplinary action has

6-40  been taken by the Board is entitled to judicial review of the Board’s

6-41  order.

6-42      2.  Every order of the Board imposing a sanction pursuant to

6-43  NRS 638.147 is effective from the date the President and Executive

6-44  Director certify the order until the date the order is modified or

6-45  reversed by a final judgment of the court.

7-1  [3.  The district court shall give priority to a petition for judicial

7-2  review of the Board’s order over other civil matters which are not

7-3  expressly given priority by law.]

7-4  Sec. 13.  NRS 638.1515 is hereby amended to read as follows:

7-5  638.1515  1.  In any proceeding before the Board:

7-6  [1.] (a) Proof of actual injury need not be established where the

7-7  [statement of findings charges] charge is deceptive or unethical

7-8  professional conduct.

7-9  [2.] (b) If proof of actual injury is an issue, proof of actual

7-10  injury may be established by the testimony and opinion of a

7-11  witness who is not an expert witness.

7-12      (c) A certified copy of the record of a court or a licensing

7-13  agency showing a conviction or the suspension, limitation,

7-14  modification, denial or revocation of a license of a veterinarian or

7-15  veterinary technician is conclusive evidence of its occurrence. A

7-16  plea of nolo contendere is a conviction for the purpose of this

7-17  section.

7-18      2.  As used in this section, “actual injury” means any type of

7-19  injury, abuse or mistreatment, whether or not the injury, abuse or

7-20  mistreatment results in substantial or permanent physical harm or

7-21  death.

7-22      Sec. 14.  NRS 638.1426 is hereby repealed.

 

7-23  TEXT OF REPEALED SECTION

 

7-24      638.1426  Stay by court of Board’s summary order for

7-25   suspension prohibited; exception. If the Board issues an order

7-26   summarily suspending the license of a veterinarian or veterinary

7-27   technician pending proceedings for disciplinary action, the court

7-28   shall not stay that order unless the Board fails to institute and

7-29   determine such proceedings as promptly as practicable.

 

7-30  H