Nev. Rev. Stat. § 640.011 Definitions.
As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.026, inclusive, have the meanings ascribed to them in those sections.
PHYSICAL THERAPISTS, PHYSICAL THERAPIST ASSISTANTS AND PHYSICAL THERAPIST TECHNICIANS
Nev. Rev. Stat. 640
in effectNev. Rev. Stat. § 640.013 Board defined.
Board means the Nevada Physical Therapy Board.
Nev. Rev. Stat. § 640.014 Dry needling defined.
Dry needling:
1. Means a skilled technique performed by a physical therapist using a single-use, single-insertion, sterile filiform needle, which is used to penetrate the skin or underlying tissue to effect change in body conditions, pain, movement, impairment and disability.
2. Does not include:
(a) The stimulation of an auricular point;
(b) The stimulation of sinus points or other nonlocal points to treat underlying organs;
(c) Needle retention; or
(d) The teaching or application of acupuncture.
Nev. Rev. Stat. § 640.016 Immediate supervision defined.
Immediate supervision means that a person is present on-site and immediately available within the treatment area to give aid, direction and instruction to the person he or she is supervising.
Nev. Rev. Stat. § 640.021 Physical therapist defined.
Physical therapist means a person who is licensed as such in accordance with the provisions of this chapter.
Nev. Rev. Stat. § 640.022 Physical therapy defined.
Physical therapy means the specialty in the field of health which is concerned with prevention of disability and physical rehabilitation of persons having congenital or acquired disabilities.
Nev. Rev. Stat. § 640.024 Practice of physical therapy defined.
Practice of physical therapy:
1. Includes:
(a) The performing and interpreting of tests and measurements as an aid to evaluation or treatment;
(b) The planning of initial and subsequent programs of treatment on the basis of the results of tests;
(c) The administering of treatment through the use of therapeutic exercise and massage, the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy; and
(d) The performance of dry needling, if a physical therapist is qualified to do so pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050 .
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or surgery; or
(d) The occupation of a masseur who massages only the superficial soft tissues of the body.
Nev. Rev. Stat. § 640.026 Supervising physical therapist defined.
Supervising physical therapist means a physical therapist who supervises a physical therapist assistant, a physical therapist technician, a student who is completing a program for physical therapists or physical therapist assistants or a graduate of such a program.
Nev. Rev. Stat. § 640.029 Applicability of chapter.
1. This chapter does not apply to:
(a) A provider of health care who:
(1) Is licensed to practice in this state;
(2) Practices within the scope of that license; and
(3) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical therapist assistant, or that he or she practices physical therapy;
(b) A physical therapist who is temporarily exempt from licensure pursuant to NRS 640.135 and is practicing physical therapy within the scope of the exemption; or
(c) A physical therapist, physical therapist assistant or physical therapist technician of the Armed Forces of the United States or a physical therapist, physical therapist assistant or physical therapist technician of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455 .
2. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031 .
Nev. Rev. Stat. § 640.030 Creation; number, appointment, qualifications, terms and removal of members; quorum; civil liability; compliance with Open Meeting Law.
1. The Nevada Physical Therapy Board, consisting of five members appointed by the Governor, and any nonvoting advisory members appointed by the Board pursuant to NRS 640.055 , is hereby created.
2. The Governor shall appoint:
(a) Three members who are licensed physical therapists in the State of Nevada.
(b) One member who is a licensed physical therapist assistant in the State of Nevada.
(c) One member who is a representative of the general public. This member must not be:
(1) A physical therapist or a physical therapist assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a physical therapist or a physical therapist assistant.
3. No member of the Board may serve more than two consecutive terms.
4. The Governor may remove any voting member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.
5. A majority of the voting members of the Board constitutes a quorum.
6. No member of the Board may be held liable in a civil action for any act which he or she has performed in good faith in the execution of his or her duties under this chapter.
7. The Board shall comply with the provisions of chapter 241 of NRS, and all meetings of the Board must be conducted in accordance with that chapter.
Nev. Rev. Stat. § 640.035 Election of officers.
At the first meeting of each fiscal year, the Board shall elect a Chair, a Vice Chair and a Secretary-Treasurer from among its members.
Nev. Rev. Stat. § 640.045 Salary of voting members; per diem allowance and travel expenses of voting members and employees.
1. Each voting member of the Board is entitled to receive:
(a) A salary of not more than $150 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.
2. 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.
Nev. Rev. Stat. § 640.050 Powers and duties; regulations.
1. The Board shall:
(a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto;
(b) Evaluate the qualifications and determine the eligibility of an applicant for a license as a physical therapist or physical therapist assistant and, upon payment of the applicable fee, issue the appropriate license to a qualified applicant;
(c) Investigate any complaint filed with the Board against a licensee; and
(d) Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices as a physical therapist or physical therapist assistant without a license.
2. The Board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:
(a) Issuance and display of licenses.
(b) Supervision of physical therapist assistants and physical therapist technicians.
3. The Board shall adopt regulations establishing:
(a) The qualifications a physical therapist must obtain before he or she is authorized to perform dry needling, which must include, without limitation, the successful completion of not less than 150 hours of didactic education and training in dry needling approved by the Board. Such hours may include didactic education and training completed as part of a graduate-level program of study.
(b) Procedures concerning the handling of needles used to perform dry needling, including, without limitation, procedures for the disposal of a needle after a single use.
(c) Procedures to ensure that a physical therapist does not engage in needle retention.
4. The Board shall prepare and maintain a record of its proceedings, including, without limitation, any disciplinary proceedings.
5. The Board shall maintain a list of licensed physical therapists authorized to practice physical therapy and physical therapist assistants licensed to assist in the practice of physical therapy in this State.
6. The Board may:
(a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(c) Adopt a seal of which a court may take judicial notice.
7. Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices physical therapy or as a physical therapist assistant and inspect the premises to determine whether a violation of any provision of this chapter or any regulation adopted pursuant thereto has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.
8. Any voting member of the Board may administer an oath to a person testifying in a matter that relates to the duties of the Board.
Nev. Rev. Stat. § 640.055 Appointment of advisory members; term; duties.
The Board may, by majority vote, select any person, including, without limitation, a physical therapist or physical therapist assistant, to serve as an advisory member of the Board. The Board shall prescribe the term and duties of any advisory member it selects pursuant to this section. An advisory member may not vote on any matter before the Board. Advisory members serve without compensation.
Nev. Rev. Stat. § 640.060 Approval of schools or program of physical therapy.
For the purposes of NRS 640.080 and 640.092, the Board shall approve any school or program of professional education for physical therapists and physical therapist assistants taught at a school if the school is accredited by an accrediting agency recognized by the Board.
Nev. Rev. Stat. § 640.065 Fiscal year.
The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Nev. Rev. Stat. § 640.070 Deposit of fees; expenses; delegation of authority to take disciplinary action; deposit of fines imposed by Board; claims for attorneys fees and costs of investigation.
1. All fees collected under this chapter must be deposited by the Board in banks, credit unions, savings and loan associations or savings banks in the State of Nevada.
2. All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.
3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the Board so delegates its authority, the Board may deposit the money from the fines in banks, credit unions, savings and loan associations or savings banks in this State for the support of the Board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the Board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the Board.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines in the State General Fund. 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 attorneys fees or the costs of an investigation, or both.
Nev. Rev. Stat. § 640.075 Confidentiality of certain records of the Board; exceptions.
1. Except as otherwise provided in this section, NRS 239.0115 and 640.154 , a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
2. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.
3. The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Nev. Rev. Stat. § 640.080 Qualifications of applicant for licensure as physical therapist.
Except as otherwise provided in NRS 640.145 and 640.146, to be eligible for licensure by the Board as a physical therapist, an applicant must:
1. Be of good moral character;
2. Have graduated from a school in which he or she completed a program of professional education for physical therapists approved by the Board; and
3. Pass to the satisfaction of the Board an examination designated by the Board, unless he or she is entitled to licensure without examination as provided in NRS 640.120 .
Nev. Rev. Stat. § 640.090 Application for licensure as physical therapist or physical therapist assistant: Contents; fee; fingerprints.
1. Unless he or she is entitled to licensure under NRS 640.120 , 640.145 or 640.146 , a person who desires to be licensed as a physical therapist or physical therapist assistant must:
(a) Apply to the Board, in the form prescribed by the Board;
(b) Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 or 640.092 , as applicable, other than having passed the examination;
(c) Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300 for a license as a physical therapist or $200 for a license as a physical therapist assistant;
(d) Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e) Submit other documentation and proof the Board may require; and
(f) Submit all other information required to complete the application.
2. If an applicant submits an application for a license by endorsement pursuant to NRS 640.146 , the Board shall collect not more than one-half of the fee specified in paragraph (c) of subsection 1 for the initial issuance of the license.
Nev. Rev. Stat. § 640.092 Qualifications of applicant for licensure as physical therapist assistant.
Except as otherwise provided in NRS 640.145 and 640.146, to be eligible for licensing by the Board as a physical therapist assistant, an applicant must:
1. Be at least 18 years old.
2. Be of good moral character.
3. Have completed a program of professional education approved by the Board for a physical therapist assistant.
4. Pass an examination designated by the Board or be entitled to licensing without examination as provided in NRS 640.120 .
Nev. Rev. Stat. § 640.093 Requirements for program of professional education for physical therapist assistant.
1. For the purposes of NRS 640.092 , the Board shall not approve any program of professional education for a physical therapist assistant unless the program includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is:
(a) At least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency; or
(b) A program which is provided by the Armed Forces of the United States.
2. The Board may refuse to approve any program of professional education for physical therapist assistants if the program does not include such courses in theory and procedures as determined by the Board to be necessary for these assistants.
Nev. Rev. Stat. § 640.094 Requirements for physical therapist assistant to assist in practice of physical therapy.
A person licensed as a physical therapist assistant may assist in the practice of physical therapy only under the supervision of a supervising physical therapist, as regulated by the Board and subject to the conditions and limitations of this chapter and any regulations adopted pursuant thereto.
Nev. Rev. Stat. § 640.095 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a physical therapist or physical therapist assistant shall include the social security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license as a physical therapist or physical therapist assistant shall submit to the Board the statement prescribed by the Division of Social Services of the Department of Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The Board shall include 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 as a physical therapist or physical therapist assistant may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant 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 the applicant 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.
Nev. Rev. Stat. § 640.110 Issuance of license; display of license or proof of authorization to practice; fee to change name on license; duration of license as physical therapist assistant.
1. The Board shall license as a physical therapist or physical therapist assistant each applicant who proves to the satisfaction of the Board his or her qualifications for licensure.
2. The Board shall issue to each applicant who proves to the satisfaction of the Board his or her qualification for licensure:
(a) As a physical therapist, a license as a physical therapist. The license authorizes the applicant to represent himself or herself as a licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.
(b) As a physical therapist assistant, a license as a physical therapist assistant. The license authorizes the applicant to represent himself or herself as a licensed physical therapist assistant and to practice as a licensed physical therapist assistant subject to the conditions and limitations of this chapter.
3. Each physical therapist shall display his or her current license or proof that he or she is authorized to practice in this State under the Physical Therapy Licensure Compact enacted by NRS 640.154 , as applicable, in a location which is accessible to the public.
4. The Board may charge a fee, not to exceed $25, to change a name on a license.
5. A license as a physical therapist assistant remains valid while a supervising physical therapist continues to supervise the physical therapist assistant.
Nev. Rev. Stat. § 640.120 Temporary license for medical emergency; temporary exemptions from licensing for certain students and applicants.
1. The Board may issue, without examination, a license to practice as a physical therapist or physical therapist assistant for a period not to exceed 6 months to any person who meets all the other qualifications set forth in NRS 640.080 or 640.092 , as applicable, upon certification that the person has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the Board may require.
2. A student who is enrolled in a program of professional education for physical therapists or physical therapist assistants approved by the Board is not required to be licensed to work under the supervision of a physical therapist who is present on-site to satisfy a requirement of that program.
3. A person who has applied for licensure as a physical therapist or physical therapist assistant and who meets the qualifications set forth in NRS 640.080 or 640.092 , except subsection 3 of NRS 640.080 or subsection 4 of NRS 640.092 , as applicable, is temporarily exempt from licensure and may practice physical therapy or as a physical therapist assistant, as applicable, during the period of the temporary exemption if:
(a) The person has submitted a completed application for licensure for the first time and the application has been approved by the Board;
(b) The Board has approved the person to sit for the examination required by NRS 640.080 or 640.092 , as applicable;
(c) The person has not previously failed an examination for licensure as a physical therapist or physical therapist assistant;
(d) The person practices physical therapy or as a physical therapist assistant, as applicable, under the supervision of a licensed physical therapist and in accordance with the provisions of this chapter and the regulations of the Board; and
(e) The person complies with any other requirements of the Board to practice physical therapy or as a physical therapist assistant, as applicable, during the period of the temporary exemption.
4. The temporary exemption authorized by subsection 3 begins on the date on which the Board notifies the person that he or she may practice physical therapy or as a physical therapist assistant, as applicable, under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person:
(a) Shall not use as his or her title or professional credentials any words, letters or insignia except for the words graduate of physical therapy, P.T.A. or Physical Therapist Assistant, as applicable.
(b) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed physical therapist or licensed physical therapist assistant, as applicable.
Nev. Rev. Stat. § 640.135 Temporary exemption from licensure to practice physical therapy for physical therapist providing services to visiting athletic team or athletic event in this State; extension of exemption; conditions and limitations.
1. Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.
2. Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services to such persons.
3. Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a physical therapist, the Board may grant an exemption of not more than 20 additional days for each competition or training session.
4. A physical therapist who is practicing physical therapy under an exemption described in this section shall not:
(a) Practice physical therapy at a medical facility;
(b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or
(c) Practice physical therapy under such an exemption for more than 60 days in a calendar year.
5. The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.
6. As used in this section, visiting athletic team or organization means an athletic team or organization which is primarily based at a location outside of this State.
Nev. Rev. Stat. § 640.145 Expedited license by endorsement: Requirements; procedure for issuance.
1. The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a physical therapist or physical therapist assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090 ;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) A fee in the amount of the fee set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Ê whichever occurs later.
4. A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.
Nev. Rev. Stat. § 640.146 Expedited license by endorsement for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.
1. The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant in the District of Columbia or any state or territory of the United States; and
(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a physical therapist or physical therapist assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090 ;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Ê whichever occurs later.
4. A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist or physical therapist assistant, as applicable, in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .
Nev. Rev. Stat. § 640.150 Renewal; expiration and reinstatement of license; continuing competency; regulations; fees.
1. A license to practice as a physical therapist or physical therapist assistant expires 1 year after the date of its issuance or on the date prescribed by the Board, whichever is later. Except as otherwise provided in subsection 2, a physical therapist or physical therapist assistant may renew a license before its expiration upon:
(a) Presentation of proof of completion of a program of continuing competency as required by subsection 3;
(b) Payment of a renewal fee established by the Board; and
(c) Submission of all information required to complete the renewal.
2. A license may be renewed within 30 days after the date it expires. An expired license that is not renewed in a timely manner may be reinstated, at the discretion of the Board, upon:
(a) Payment of the reinstatement fee established by regulation of the Board for each year or portion thereof that the license is expired; and
(b) Satisfaction of the requirements for renewal prescribed by subsection 1.
3. The Board shall require licensed physical therapists and physical therapist assistants to complete a program of continuing competency as a requirement for the renewal of licenses. The Board shall, by regulation, establish requirements for the program of continuing competency, which may include a requirement that any provider of such a program must be approved by the Board.
4. The Board:
(a) Shall establish a fee for reinstatement of an expired license, to be paid for each year or portion thereof that the license is expired.
(b) May establish a fee of not more than $150 to consider approval of a program of continuing competency.
Nev. Rev. Stat. § 640.152 Renewal of license: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.
1. The Board may:
(a) Make the data request developed by the Director of the Department of Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and
(b) Request each applicant to complete and electronically submit the data request to the Director.
2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.
3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.
Nev. Rev. Stat. § 640.154 Enactment of Compact; text of Compact.
The Physical Therapy Licensure Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
2. Enhance the states ability to protect the publics health and safety;
3. Encourage the cooperation of member states in regulating multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that states practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
1. Active Duty Military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
2. Adverse Action means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
3. Alternative Program means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
4. Compact privilege means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
5. Continuing competence means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
6. Data system means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
7. Encumbered license means a license that a physical therapy licensing board has limited in any way.
8. Executive Board means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
9. Home state means the member state that is the licensees primary state of residence.
10. Investigative information means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
11. Jurisprudence Requirement means the assessment of an individuals knowledge of the laws and rules governing the practice of physical therapy in a state.
12. Licensee means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
13. Member state means a state that has enacted the Compact.
14. Party state means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
15. Physical therapist means an individual who is licensed by a state to practice physical therapy.
16. Physical therapist assistant means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
17. Physical therapy, physical therapy practice, and the practice of physical therapy mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
18. Physical Therapy Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted the Compact.
19. Physical therapy licensing board or licensing board means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
20. Remote State means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
21. Rule means a regulation, principle, or directive promulgated by the Commission that has the force of law.
22. State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commissions data system, including using the Commissions unique identifier as defined in rules;
2. Have a mechanism in place for receiving and investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
7. Have continuing competence requirements as a condition for license renewal.
B. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316.
C. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
B. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
D. A licensee providing physical therapy in a remote state is subject to that states regulatory authority. A remote state may, in accordance with due process and that states laws, remove a licensees compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
E. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
G. If a licensees compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the PCS state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against a license issued by the home state.
B. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member states laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
D. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. against a licensees compact privilege in the state;
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL
THERAPY COMPACT COMMISSION
A. The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) delegate selected by that member states licensing board.
2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the current membership of the Commission;
b. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial; and
6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state will only be available to other party states.
D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting states legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
SECTION 11. DATE OF IMPLEMENTATION OF
THE INTERSTATE COMMISSION FOR PHYSICAL
THERAPY PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing the same.
1. A member states withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing states physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Nev. Rev. Stat. § 640.155 Issuance of citation to licensee for certain violations; remedial action; administrative fine.
1. After conducting an inspection pursuant to NRS 640.050 , a member or agent of the Board may issue a citation to a licensee if the member or agent concludes that, based on a preponderance of the evidence, the licensee has violated:
(a) Subsection 3 of NRS 640.110 ;
(b) Any regulation of the Board that requires a licensee to provide his or her address to the Board, display his or her license or a copy thereof, practice only under the name listed on his or her license or document in the record of a patient any treatment provided to the patient; or
(c) Any regulation of the Board establishing requirements for the supervision of an unlicensed person by a physical therapist or limiting the number of persons who may be supervised by a physical therapist.
2. A citation issued pursuant to this section may include, without limitation, an order to:
(a) Take action to correct any condition resulting from any act that constitutes a violation of a provision set forth in subsection 1, at the cost of the person who committed the violation. If the citation contains such an order, the citation must:
(1) State the time permitted for compliance, which must be not less than 5 business days after the date the person receives the citation; and
(2) Specifically describe the corrective action to be taken.
(b) Pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.
(c) Reimburse the Board for any expenses incurred to investigate the violation, in an amount not to exceed $150.
3. Any administrative fine imposed pursuant to this section must be:
(a) For a first violation, in the amount prescribed by regulation of the Board, which must be not less than $100 or more than $500;
(b) For a second violation, in the amount prescribed by regulation of the Board, which must be not less than $250 or more than $1,000; and
(c) For a third violation and for each additional violation, in the amount determined by the Board after the licensee appears before the Board.
4. The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.
Nev. Rev. Stat. § 640.157 Request for hearing on citation; notice of hearing; hearing process; citation deemed final order of Board when not contested; service of process.
1. Except as otherwise provided in this subsection, to contest a citation issued pursuant to NRS 640.155 , the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation. The Board may, for good cause shown, extend the time to submit a request for a hearing.
2. If the person to whom a citation is issued files a timely written request for a hearing to contest the citation:
(a) The Board shall provide notice of and conduct the hearing in accordance with this chapter and the provisions of chapters 233B and 622A of NRS governing the adjudication of contested cases.
(b) At the hearing, the licensee may contest, without limitation:
(1) The facts forming the basis for the determination that the licensee has committed an act which constitutes a violation of a provision described in NRS 640.155 ;
(2) The time allowed to take any corrective action ordered;
(3) The amount of any administrative fine ordered;
(4) The amount of any payment ordered to reimburse the Board for the expenses incurred to investigate the violation; and
(5) Whether any corrective action described in the citation is reasonable.
3. If a person to whom a citation is issued pursuant to NRS 640.155 does not file timely a written request for a hearing to contest the citation, the citation shall be deemed a final order of the Board and any assessed fine deemed due and payable and any corrective action deemed required.
4. For the purposes of this section, a citation issued pursuant to NRS 640.155 shall be deemed to have been received by a person:
(a) On the date on which the citation is personally delivered to the person; or
(b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.
Nev. Rev. Stat. § 640.160 Authorized actions; grounds.
1. The Board, after notice and a hearing as required by law, and upon any ground enumerated in subsection 2, may take one or more of the following actions:
(a) Refuse to issue a license or temporary license to any applicant.
(b) Refuse to renew the license or temporary license of any person.
(c) Suspend or revoke the license or temporary license of any person.
(d) Place any person who has been issued a license or temporary license on probation.
(e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.
2. The Board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:
(a) Has an alcohol or other substance use disorder.
(b) Has been convicted of violating any state or federal law relating to controlled substances.
(c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Has been convicted of violating any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
(f) Is guilty, in the judgment of the Board, of gross negligence in his or her practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.
(g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.
(h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his or her referral of a patient.
(j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.
(k) Has had a license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.
(l) Is determined to be professionally incompetent by the Board.
(m) Has violated any provision of this chapter or the Boards regulations.
(n) Has operated a medical facility, as defined in NRS 449.0151 , at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160 .
Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.
(o) Has performed or supervised the performance of a pelvic examination in violation of NRS 629.085 .
Nev. Rev. Stat. § 640.161 Complaint: Filing; contents; review by Board; retention.
1. A complaint against any person who has been licensed pursuant to this chapter may be initiated by the Board or may be filed with the Board by any member or agent of the Board or any aggrieved person.
2. The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the Boards regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.
3. The complaint must be in writing and may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint. The original complaint and two copies must be filed with the Board.
4. The Board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the Boards regulations, the Board shall proceed with a hearing on the complaint pursuant to the provisions of chapter 622A of NRS.
5. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Nev. Rev. Stat. § 640.162 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.
Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.
Nev. Rev. Stat. § 640.163 Subpoenas.
1. The Board or any member thereof may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.
3. If any witness refuses to attend or testify or produce any books or papers required by a subpoena, the Board may file a petition ex parte with the district court, setting forth that:
(a) Due notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed in the manner prescribed by this chapter;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing; and
(d) The Board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and then and there to show cause why the witness has not attended or testified or produced the books or papers before the Board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the Board, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order, and testify or produce the required books or papers. Failure to obey the order is a contempt of the court which issued it.
Nev. Rev. Stat. § 640.164 Fees and mileage for witness.
Each witness who appears by order of the Board is entitled to receive for his or her 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. When any witness, who has not been required to attend at the request of any party, is subpoenaed by the Board, his or her fees and mileage must be paid from the funds of the Board.
Nev. Rev. Stat. § 640.169 Unlawful to practice physical therapy without license; exceptions; penalties.
1. Except as otherwise provided in NRS 629.091 and 640.120 , it is unlawful for any person to practice physical therapy in this State unless the person holds a license or a temporary license issued pursuant to this chapter. A person who violates the provisions of this subsection is guilty of a gross misdemeanor.
2. In addition to any criminal penalty that may be imposed for a violation of subsection 1, the Board, after notice and hearing, may:
(a) Issue an order against any person who has violated subsection 1 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.
(b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.
(c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
Nev. Rev. Stat. § 640.170 Penalty for unauthorized use of letters, words or insignia indicating or implying person or entity is licensed physical therapist or provides services of licensed physical therapist.
1. A person who is licensed under this chapter as a physical therapist shall use the words or letters P.T. or Physical Therapist immediately following his or her name when representing himself or herself as a licensed physical therapist.
2. A person who is not licensed under this chapter as a physical therapist, or whose license has been suspended, revoked or has expired and who uses in connection with his or her name the words or letters L.P.T., Licensed Physical Therapist, R.P.T., Registered Physical Therapist, P.T., Physical Therapist, or any other letters, words or insignia indicating or implying that the person is a licensed physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself or herself as a licensed physical therapist, is guilty of a misdemeanor.
3. A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization shall not:
(a) Use in connection with its name or business activities the words or letters L.P.T., Licensed Physical Therapist, R.P.T., Registered Physical Therapist, P.T., Physical Therapist, physical therapy, or any other letters, words or insignia indicating or implying that the sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization provides, through employees, agents, independent contractors or representatives, services constituting the practice of physical therapy; or
(b) Represent in any other way, orally, or in writing, or in print, by sign, directly or by implication, that the sole proprietorship, corporation, limited-liability company, association or partnership provides services constituting the practice of physical therapy,
Ê unless the services constituting the practice of physical therapy are provided by or under the supervision of a licensed physical therapist. A sole proprietorship, corporation, limited-liability company, association, partnership or other form of business organization that violates this subsection is guilty of a misdemeanor.
4. In addition to any criminal penalty that may be imposed for a violation of subsection 2 or 3, the Board, after notice and hearing, may:
(a) Issue an order against any person who has violated subsection 2 or 3 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.
(b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.
(c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
Nev. Rev. Stat. § 640.175 Penalty for unauthorized use of letters, words or insignia indicating or implying person is licensed physical therapist assistant.
1. A person who is licensed under NRS 640.092 , 640.093 and 640.094 as a physical therapist assistant shall use the words or letters P.T.A. or Physical Therapist Assistant immediately following his or her name when representing himself or herself as a licensed physical therapist assistant.
2. Any person:
(a) Who is not licensed as a physical therapist assistant;
(b) Whose license has been suspended or revoked; or
(c) Whose license has expired and has not been reinstated,
Ê and who uses in connection with his or her name the words or letters P.T.A. or Physical Therapist Assistant, or any other letters, words or insignia indicating or implying that he or she is a licensed physical therapist assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself or herself as a licensed physical therapist assistant, is guilty of a misdemeanor.
3. In addition to any criminal penalty that may be imposed for a violation of subsection 2, the Board, after notice and hearing, may:
(a) Issue an order against any person who has violated subsection 2 imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this paragraph must be deposited in the State General Fund.
(b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a telephone number with which the person may contact the Board.
(c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
Nev. Rev. Stat. § 640.180 False oath or affirmation; fraudulent representation to obtain license; penalty.
A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this chapter, or who obtains or attempts to obtain a license by any fraudulent representation, is guilty of a misdemeanor.
Nev. Rev. Stat. § 640.190 Restriction on practice of other forms of healing.
This chapter does not authorize a physical therapist, whether licensed or not, to practice medicine, osteopathic medicine, naprapathy, homeopathic medicine, chiropractic or any other form or method of healing.
Nev. Rev. Stat. § 640.195 Limitation on insertion of same needle during dry needling.
A physical therapist who is qualified to perform dry needling pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050 shall not insert the same needle more than one time during the performance of dry needling.
Nev. Rev. Stat. § 640.210 Enforcement: Duties of Board; injunction.
1. The Board shall investigate every supposed violation of this chapter coming to its notice and shall report to the proper district attorney all cases that in the judgment of the Board warrant prosecution.
2. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Except as otherwise provided in subsection 3, proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the Board.
3. In obtaining an injunction or any other order to restrain any conduct which constitutes or will constitute a violation of subsection 2 or 3 of NRS 640.170 or subsection 2 of NRS 640.175 , the Board must only show that the person engaging or about to engage in the conduct violated subsection 2 or 3 of NRS 640.170 or subsection 2 of NRS 640.175 to establish that immediate and irreparable injury, loss or damage will result from the continued action of the person.
Nev. Rev. Stat. § 640.0213 Physical therapist assistant defined.
Physical therapist assistant means a person who assists in the practice of physical therapy under the supervision of a licensed physical therapist and who is licensed under the provisions of this chapter.
Nev. Rev. Stat. § 640.0216 Physical therapist technician defined.
Physical therapist technician means an unlicensed person who performs certain limited activities at the direction of the physical therapist.
Nev. Rev. Stat. § 640.310 Supervision by physical therapist while performing activities related to physical therapy; regulations.
The Board shall adopt regulations prescribing the activities that a physical therapist technician may perform only under the immediate supervision of a physical therapist. A physical therapist shall provide immediate supervision of a physical therapist technician while the technician performs any such activity.
Nev. Rev. Stat. § 640.1605 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
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 person who is the holder of a license as a physical therapist or physical therapist assistant, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license as a physical therapist or physical therapist assistant 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 person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
Nev. Rev. Stat. § 640.1695 Practicing or offering to practice without license: Reporting requirements of Board.
Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice physical therapy or as a physical therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-640.htmlFetched: 10/4/2026