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2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.120 - Qualifications for license.

Except as otherwise provided in NRS 640A.172, to be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:
1. Have passed the examination approved by the Board pursuant to NRS 640A.150; and
2. Hold a current certification as an occupational therapist or occupational therapy assistant, as applicable, with the National Board for Certification in Occupational Therapy, or its successor organization.
(Added to NRS by 1991, 988; A 2013, 277; 2015, 3024, 3902; 2023, 435)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.140 - Application for license.

1. Except as otherwise provided in NRS 640A.165, 640A.166 and 640A.168, a person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:
(a) Submit an application to the Board in the manner prescribed by the Board; and
(b) Provide evidence satisfactory to the Board that he or she possesses the qualifications required pursuant to NRS 640A.120.
2. The application must include all information required to complete the application.
(Added to NRS by 1991, 989; A 1997, 2152; 2005, 2753, 2807; 2015, 3025, 3903; 2023, 435)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.150 - Examination for license.

The Board shall:
1. Approve an examination on the laws and regulations governing the practice of occupational therapy in this State; and
2. Establish the requirements to pass the examination.
(Added to NRS by 1991, 989; A 2013, 278; 2023, 436)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.165 - Expedited license by endorsement as occupational therapist: Requirements; procedure for issuance.

1. The Board may issue a license by endorsement as an occupational therapist 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 satisfies the requirements set forth in NRS 640A.120 and holds a corresponding valid and unrestricted license as an occupational therapist 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 or 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 an occupational therapist; 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) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) A fee in the amount of the fee set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist 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 as an occupational therapist to the applicant not later than 45 days after receiving the application.
4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.
(Added to NRS by 2015, 3023; A 2019, 4298; 2023, 436)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.166 - Expedited license by endorsement as occupational therapist for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement as an occupational therapist 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 an occupational therapist in the District of Columbia or any state or territory of the United States;
(b) Meets the requirements set forth in NRS 640A.120; and
(c) 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 or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as an occupational therapist; 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) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) A fee in the amount set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist 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 as an occupational therapist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. 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 an occupational therapist 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.
(Added to NRS by 2015, 3902; A 2019, 4299; 2023, 437)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.168 - Reciprocal license: Qualifications; application; issuance.

1. The Board may issue a license by reciprocity as an occupational therapist or occupational therapy assistant to an applicant who meets the requirements set forth in this section. An applicant may submit an application for such a license if the applicant:
(a) Holds a valid and unrestricted license as an occupational therapist or occupational therapy assistant, as applicable, in any state that is a member of the Occupational Therapy Licensure Compact; and
(b) Meets the requirements set forth in NRS 640A.120.
2. An applicant for a license by reciprocity pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant satisfies the requirements of subsection 1;
(b) A fee in the amount set by regulation of the Board pursuant to NRS 640A.190; and
(c) Any other information required by the Board.
(Added to NRS by 2023, 432)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.170 - Temporary license: Qualifications; issuance; period of validity; renewal; revocation.

1. The Board may issue a temporary license to a person who has the qualifications required pursuant to NRS 640A.120 and who is licensed as an occupational therapist or occupational therapy assistant in good standing in another state.
2. A temporary license issued pursuant to subsection 1 is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.
3. The Board may renew a temporary license not more than once and may revoke a temporary license for any of the grounds set forth in NRS 640A.200.
(Added to NRS by 1991, 990; A 2013, 278; 2023, 437)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.172 - Provisional license: Qualifications; issuance; limitations; period of validity; renewal; revocation.

1. The Board may issue a provisional license to a person who:
(a) Has passed the examination approved by the Board pursuant to NRS 640A.150;
(b) Has graduated from an educational program accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association Inc., or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, as an equivalent requirement for certification; and
(c) Is eligible to take the national examination required for certification by the National Board for Certification in Occupational Therapy.
2. A provisional license issued pursuant to this section authorizes the person to whom the provisional license is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter.
3. A provisional license issued pursuant to this section is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.
4. The Board may renew a provisional license not more than once and may revoke a provisional license for any of the grounds set forth in NRS 640A.200.
(Added to NRS by 2023, 432)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.180 - Expiration, renewal and reinstatement of license; placement of license on inactive status; regulations.

1. The Board shall adopt regulations prescribing the period for which a license issued pursuant to the provisions of this chapter is valid. Except as otherwise provided in NRS 640A.170 and 640A.172, the period must be not less than 1 year.
2. The Board may adopt regulations prescribing the manner in which a license issued pursuant to this chapter must be renewed, which may include requirements for continuing education. Such requirements for continuing education may require a licensee to take and pass the examination approved by the Board pursuant to NRS 640A.150 at intervals set by the Board.
3. The Board may adopt regulations providing for the late renewal of a license and the reinstatement of an expired license, except that the Board may not renew or reinstate a license if 5 years have passed since its expiration.
4. The Board may, at the request of a person licensed pursuant to this chapter, place the license on inactive status if the person:
(a) Does not practice occupational therapy, or represent that the person is authorized to practice occupational therapy, in this State; and
(b) Satisfies any requirements for continuing education established by the Board.
(Added to NRS by 1991, 990; A 2013, 279; 2023, 438)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.185 - 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 Health and 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.
(Added to NRS by 2021, 806)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.190 - Fees; regulations.

1. The Board may by regulation establish reasonable fees for:
(a) The examination of an applicant for a license;
(b) The initial issuance of a license, including a license by endorsement;
(c) The issuance of a temporary license;
(d) The issuance of a provisional license;
(e) The issuance of a license by reciprocity pursuant to NRS 640A.168;
(f) The renewal of a license; and
(g) The late renewal of a license.
2. If an applicant submits an application for a license by endorsement pursuant to NRS 640A.166, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.
3. Except as otherwise provided in subsection 2, the fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.
(Added to NRS by 1991, 990; A 2013, 279; 2015, 3025, 3903; 2023, 438)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.200 - Authorized disciplinary or other action; grounds; reinstatement of revoked license; orders imposing discipline deemed public records.

1. The Board may, after notice and a hearing as required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license pursuant to the provisions of chapter 622A of NRS upon application by the person to whom the license was issued.
2. 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.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
4. As used in this section, "unprofessional conduct" includes:
(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;
(b) The conviction of:
(1) A felony or gross misdemeanor relating to the practice of occupational therapy; or
(2) Any crime involving moral turpitude;
(c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter;
(d) The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085; and
(e) The operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
This paragraph applies to an owner or other principal responsible for the operation of the facility.
(Added to NRS by 1991, 990; A 1993, 795; 2003, 2714, 3456; 2005, 783; 2009, 897; 2021, 1582)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.205 - 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 an occupational therapist or occupational therapy 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 an occupational therapist or occupational therapy 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.
(Added to NRS by 1997, 2152; A 2005, 2807)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.210 - Authority to conduct investigations, hold hearings and examine witnesses; oaths; subpoenas.

1. In a manner consistent with the provisions of chapter 622A of NRS, the Board may conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter. For the purposes of this chapter:
(a) Any member of the Board may administer oaths; and
(b) The Chair of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
2. If any person fails to comply with the subpoena within 10 days after its issuance, the Chair of the Board may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.
(Added to NRS by 1991, 991; A 2005, 784)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.215 - Filing of complaints.

Any person who becomes aware that a person practicing occupational therapy or as an occupational therapy assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action pursuant to NRS 640A.200 may file a complaint with the Board. A complaint 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.
(Added to NRS by 2013, 2242)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.217 - Administrative citation: Issuance; order to take corrective action; payment or waiver of administrative fine; additional sanction.

1. 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 any regulation of the Board that requires a licensee to:
(a) Provide his or her current contact information to the Board;
(b) Provide to the Board information relating to the supervision or employment of the licensee;
(c) Display his or her license or a copy thereof;
(d) Practice only under the name listed on his or her license;
(e) Provide proof of continuing education; or
(f) Provide to the Board information or documentation required to be maintained by the licensee.
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) Except as otherwise provided by subsection 4, pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.
3. Any administrative fine imposed pursuant to this section must be in the amount prescribed by regulation of the Board, which must be not more than $500.
4. If a citation issued pursuant to this section contains an order to pay an administrative fine, the person to whom the citation was issued may submit a written request to the Board to waive the administrative fine. If the Board determines that good cause exists to waive the administrative fine, the Board may grant the request.
5. The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.
(Added to NRS by 2023, 433)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.220 - Confidentiality of certain records of Board; exceptions; retention of complaints.

1. Except as otherwise provided in this section and NRS 239.0115, 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. The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.
(Added to NRS by 1991, 991; A 2003, 3457; 2005, 784; 2007, 2142; 2009, 897; 2013, 2243)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.230 - Unauthorized practice prohibited; penalties.

1. Except as otherwise provided in NRS 629.091, a person shall not practice occupational therapy, or represent that he or she is authorized to practice occupational therapy, in this state unless he or she holds a current 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 other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:
(a) 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.
(b) 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.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
(Added to NRS by 1991, 991; A 1995, 753; 2013, 279, 2243)
2023 Nevada Revised Statutes › Chapter 640A - Occupational Therapists and Occupational Therapy Assistants › NRS 640A.250 - Injunctive relief.

Whenever any person has engaged in or is about to engage in any conduct which constitutes a violation of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Proceedings under this section must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.
(Added to NRS by 2013, 2242)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.003 - Legislative declaration.

The practice of athletic training is hereby declared to be a learned profession, affecting public health, safety and welfare, and subject to regulation to protect the public from the practice of athletic training by unqualified persons and from unprofessional conduct by persons who are licensed to engage in the practice of athletic training.
(Added to NRS by 2003, 896)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.005 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640B.011 to 640B.120, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 893; A 2019, 1587)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.011 - "Assessment" defined.

"Assessment" includes taking the medical history of a patient, visually inspecting the injured portion of the body and the associated structures, palpating the bony landmarks and soft tissue and applying special tests to systematically assess the pathology and extent of the injury or condition.
(Added to NRS by 2003, 894)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.015 - "Athlete" defined.

"Athlete" means a natural person who:
1. Participates in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic athletic association;
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participates in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
(Added to NRS by 2003, 894)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.021 - "Athletic injury" defined.

"Athletic injury" means an injury or athletic-related illness, or both, that a person sustains as a result of:
1. Participation in an athletic activity conducted by:
(a) An intercollegiate athletic association or interscholastic athletic association;
(b) A professional athletic organization; or
(c) An amateur athletic organization; or
2. Participation in a recreational sport activity that:
(a) Has officially designated coaches;
(b) Conducts regularly scheduled practices or workouts that are supervised by coaches; and
(c) Has established schedules for competitive events or exhibitions.
(Added to NRS by 2003, 894)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.037 - "Dry needling" defined.

"Dry needling":
1. Means a skilled technique performed by an athletic trainer 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.
(Added to NRS by 2019, 1587)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.051 - "Graduate student athletic trainer" defined.

"Graduate student athletic trainer" means a graduate student who:
1. Is enrolled in a graduate program of study approved by the Board; and
2. Engages in the practice of athletic training under the supervision of a licensed athletic trainer.
(Added to NRS by 2003, 894)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.055 - "Joint mobilization" defined.

"Joint mobilization" means a learned, skilled, passive movement of articulating surfaces of a person to relieve pain and restore functional movement of the articulating surfaces without pain to the person. The term does not include:
1. The diagnosis of a physical disability;
2. The massaging of the superficial soft tissues of the body;
3. The use of X-rays or radium;
4. The use of electricity for cauterization or surgery;
5. Chiropractic adjustment as defined in NRS 634.014; or
6. Grade 5 joint mobilization.
(Added to NRS by 2003, 894)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.085 - "Physician" defined.

"Physician" means:
1. A physician licensed pursuant to chapter 630 of NRS;
2. An osteopathic physician licensed pursuant to chapter 633 of NRS;
3. A homeopathic physician licensed pursuant to chapter 630A of NRS;
4. A chiropractic physician licensed pursuant to chapter 634 of NRS;
5. A naprapath licensed pursuant to chapter 634B of NRS; or
6. A podiatric physician licensed pursuant to chapter 635 of NRS.
(Added to NRS by 2003, 895; A 2023, 1680)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.090 - "Practice of athletic training" defined.

1. "Practice of athletic training" means:
(a) The prevention, recognition, assessment, management, treatment, disposition or reconditioning of the athletic injury of an athlete:
(1) Whose condition is within the professional preparation and education of the licensed athletic trainer; and
(2) That is performed under the direction of a physician;
(b) The organization and administration of programs of athletic training;
(c) The administration of an athletic training room;
(d) The provision of information relating to athletic training to members of the public;
(e) The performance of dry needling under the direction of a physician, if an athletic trainer is qualified to do so pursuant to the regulations adopted in accordance with subsection 5 of NRS 640B.260; or
(f) Any combination of the activities described in paragraphs (a) to (e), inclusive.
2. The term does not include the diagnosis of a physical disability, massaging of the superficial soft tissues of the body or the use of X-rays, radium or electricity for cauterization or surgery.
(Added to NRS by 2003, 895; A 2019, 1588)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.101 - "Recognition" defined.

"Recognition" means the application of visual, verbal or tactile skills to acknowledge the presence of an injury, illness or other condition with an understanding of the predisposing factors of injury and pathomechanics, which assists in the assessment of the injury, illness or other condition.
(Added to NRS by 2003, 895)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.145 - Applicability of chapter.

The provisions of this chapter do not apply to:
1. A person who is licensed pursuant to chapters 630 to 637, inclusive, or chapter 640, 640A or 641D of NRS, when acting within the scope of that license.
2. A person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.
3. A person who is temporarily exempt from licensure pursuant to NRS 640B.335 and is practicing athletic training within the scope of the exemption.
(Added to NRS by 2003, 896; A 2017, 3484; 2021, 1600; 2023, 1680)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.170 - Creation; appointment and qualifications of members; terms, vacancies and removal from office; limitations on civil liability.

1. The Board of Athletic Trainers is hereby created.
2. The Governor shall appoint to the Board:
(a) Three members who:
(1) Are licensed as athletic trainers pursuant to the provisions of this chapter; and
(2) Have engaged in the practice of athletic training or taught or conducted research concerning the practice of athletic training for the 5 years immediately preceding their appointment;
(b) One member who is licensed as a physical therapist pursuant to chapter 640 of NRS and who is also licensed as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the public.
3. Each member of the Board:
(a) Must be a resident of this State; and
(b) May not serve more than two consecutive terms.
4. After the initial terms, the members of the Board must be appointed to terms of 3 years.
5. A vacancy on the Board must be filled in the same manner as the original appointment.
6. The Governor may remove a member of the Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.
7. No member of the Board may be held liable in a civil action for any act he or she performs in good faith in the execution of his or her duties pursuant to the provisions of this chapter.
(Added to NRS by 2003, 896)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.190 - Election of Chair; meetings; quorum.

1. The Board shall:
(a) Elect from its members a Chair at the first meeting of each year; and
(b) Meet at least three times each year at the call of the Chair of the Board, or upon the written request of at least three members of the Board.
2. A majority of the members of the Board constitutes a quorum for the transaction of the business of the Board.
(Added to NRS by 2003, 897)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.200 - Employment of Executive Secretary and other personnel; members of Board not entitled to salary; per diem allowance and travel expenses of members and employees.

1. The Board may employ an Executive Secretary and any other persons necessary to carry out its duties.
2. The members of the Board are not entitled to receive a salary.
3. While engaged in the business of the Board, each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for officers and employees of this State generally.
(Added to NRS by 2003, 898)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.220 - Payment of expenses; deposit of money; delegation of authority to take disciplinary action; deposit of fines; claim for attorney’s fees and costs of investigation.

1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money that it receives. No part of the expenses of the Board may be paid from the State General Fund.
2. All money received by the Board must be deposited in a bank or other financial institution in this State and paid out on its order for its expenses.
3. 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, impose and collect fines and penalties related to that disciplinary action and deposit the money from the fines and penalties in a bank or other financial institution in this State.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit all money collected from the imposition of fines and penalties with the State Treasurer for credit to the State General Fund. If money has been deposited in the State General Fund pursuant to this subsection, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 2003, 898; A 2005, 784)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.250 - Preparation, maintenance and disclosure of certain information regarding applicants and licensees; record of proceedings and transactions; seal; enforcement of chapter.

1. The Board shall prepare and maintain a separate list of:
(a) The licensees.
(b) The applicants for a license.
(c) The licensees whose licenses have been revoked or suspended within the preceding year.
2. The Board shall, upon request, disclose the information included in each list and may charge a fee for a copy of a list.
3. The Board shall:
(a) Prepare and maintain a record of its proceedings and transactions;
(b) Adopt a seal of which each court in this State shall take judicial notice; and
(c) Enforce the provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2003, 897)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.260 - Regulations.

The Board shall adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations that establish:
1. The passing grades for the examinations required by NRS 640B.310 and 640B.320.
2. Appropriate criteria for determining whether an entity is an intercollegiate athletic association, interscholastic athletic association, professional athletic organization or amateur athletic organization.
3. The standards of practice for athletic trainers.
4. The requirements for continuing education for the renewal of a license of an athletic trainer. The requirements must be at least equivalent to the requirements for continuing education for the renewal of a certificate of an athletic trainer issued by the National Athletic Trainers Association Board of Certification or its successor organization.
5. The qualifications an athletic trainer 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.
6. 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.
7. Procedures to ensure that an athletic trainer does not engage in needle retention.
(Added to NRS by 2003, 897; A 2019, 1588)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.270 - Inspection of offices and facilities of persons practicing athletic training.

A member of the Board, an employee of the Board or a person designated by the Board may inspect any office or facility where a person is engaged in the practice of athletic training to determine whether each person who is engaged in the practice of athletic training in that office or facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2003, 898)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.300 - License required to practice athletic training; certain acts prohibited without license; exception for certain student athletic trainers; injunctive relief.

1. Except as otherwise provided in subsection 2, unless he or she has been issued a license as an athletic trainer by the Board pursuant to the provisions of this chapter, a person shall not:
(a) Engage in the practice of athletic training;
(b) Hold himself or herself out as licensed or qualified to engage in the practice of athletic training; or
(c) Use in connection with his or her name any title, words, letters or other designation intended to imply or designate him or her as a licensed athletic trainer.
2. A student athletic trainer or graduate student athletic trainer may engage in the practice of athletic training while under the supervision of a licensed athletic trainer.
3. If the Board determines that a person has engaged, or is about to engage, in any act or practice that constitutes, or will constitute, a violation of the provisions of this section, the Board may make an application to an appropriate court for an order enjoining that act or practice, and upon a showing by the Board that the person has engaged, or is about to engage, in that act or practice, the court shall issue an injunction against that act or practice. Such an injunction does not prevent a criminal prosecution for that act or practice.
(Added to NRS by 2003, 898)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.310 - Requirements for license: Qualifications; application; fingerprints; fees; examination; exception; reapplication after failure to pass examination.

1. An applicant for a license as an athletic trainer must:
(a) Be of good moral character;
(b) Have at least a bachelor’s degree in a program of study approved by the Board;
(c) Submit an application on a form provided by the Board;
(d) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e) Pay the fees prescribed by the Board pursuant to NRS 640B.410, which are not refundable; and
(f) Except as otherwise provided in subsection 2 and NRS 640B.320, pass the examination prepared by the National Athletic Trainers Association Board of Certification or its successor organization.
2. An applicant who submits proof of current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification, or its successor organization, is not required to pass the examination required by paragraph (f) of subsection 1.
3. An applicant who fails the examination may not reapply for a license for at least 1 year after the date on which the applicant submitted the application to the Board.
(Added to NRS by 2003, 899; A 2005, 228; 2019, 4300)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.320 - Preparation of examinations; prohibition against participating in preparing or grading examination.

1. If the National Athletic Trainers Association Board of Certification, or its successor organization, if any, ceases to exist or ceases to prepare the examination required by NRS 640B.310, the Board shall designate another appropriate national organization to prepare the test. If the Board determines that no such organization exists, the Board shall prepare or cause to be prepared a test which must be offered not less than two times each year.
2. The member of the Board who is a representative of the public shall not participate in preparing or grading any examination required by the Board.
(Added to NRS by 2003, 899)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.330 - Issuance of license to persons licensed in other jurisdictions.

1. Except as otherwise provided in subsection 2, the Board shall issue a license as an athletic trainer, without examination, to an applicant who is licensed to engage in the practice of athletic training in another state, territory or possession of the United States, or the District of Columbia if the applicant submits to the Board:
(a) An application on a form prescribed by the Board; and
(b) The fees prescribed by the Board pursuant to NRS 640B.410.
2. The Board shall not issue a license pursuant to this section unless the jurisdiction in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a license as an athletic trainer set forth in this chapter.
(Added to NRS by 2003, 900)
2023 Nevada Revised Statutes › Chapter 640B - Athletic Trainers › NRS 640B.335 - Temporary exemption from licensure to practice athletic training for athletic trainer 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 an athletic trainer who holds a valid and unrestricted license to practice athletic training 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 athletic trainer is temporarily exempt from licensure and may practice athletic training 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 an athletic trainer who holds a valid and unrestricted license to practice athletic training 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 athletic trainer is temporarily exempt from licensure and may practice athletic training 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 an athletic trainer, the Board may grant an exemption of not more than 20 additional days for each competition or training session.
4. An athletic trainer who is practicing athletic training under an exemption described in this section shall not:
(a) Practice athletic training at a medical facility;
(b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or
(c) Practice athletic training 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.
(Added to NRS by 2017, 3484)