SB 100 — Enacts provisions governing the interstate practice of physical therapy. (BDR 54-153)

If judicial enforcement is necessary, the prevailing member shall - *SB100* – 18 – be awarded all costs of such litigation, including, without limitation, reasonable attorney’s fees.

7- *SB100_R1* – 18 – ARTICLE XI.

DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT 6 1.

- *SB100* – 19 – ARTICLE XII.

CONSTRUCTION AND SEVERABILITY 3 This Compact must be liberally construed so as to effectuate the purposes of the Compact.

The provisions of this Compact are 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 of - *SB100_R1* – 19 – the remainder of this Compact to any government, agency, person or circumstance shall not be affected thereby.

Except as otherwise required by the Physical Therapy Licensure Compact enacted by section 2 of this act:act, privilege to practice as a physical therapist or physical therapist assistant in this State under the Compact shall be deemed to be equivalent to the corresponding license for all purposes.

1.

A written authorization to practice as a physical therapist or physical therapist assistant under compact privilege issued pursuant to NRS 640.110 shall be deemed to be equivalent to the corresponding license for all purposes;

and 2.

A person practicing as a physical therapist or physical therapist assistant under compact privilege pursuant to the Physical Therapy Licensure Compact enacted by section 2 of this act shall be deemed to be licensed to practice as a physical therapist or physical therapist assistant, as applicable, in this State.

The Board shall issue a license as a physical therapist or physical therapist assistant or a written authorization to practice as a physical therapist or physical therapist assistant under compact privilege pursuant to the Physical Therapy Licensure Compact enacted by section 2 of this act to each applicant who proves to the satisfaction of the Board his or her qualifications for licensurelicensure. [.] or compact privilege, as applicable.

The license authorizes the applicant to represent himself or herself as a licensed physical therapist assistant and to - *SB100* – 20 – practice as a licensed physical therapist assistant subject to the conditions and limitations of this chapter.

TheEach Boardphysical therapist shall issuedisplay tohis eachor applicanther whocurrent proveslicense or proof that he or she is authorized to practice in this State under the satisfactionPhysical Therapy Licensure Compact enacted by section 2 of thethis Boardact, hisas orapplicable, herin qualificationa tolocation practicewhich underis compactaccessible privilege:to the public.

(a) As a physical therapist, a written authorization to practice as a physical therapist.

The written authorization 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 written authorization to practice as a physical therapist assistant.

The written authorization 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.

EachThe physicalBoard therapistmay shallcharge displaya hisfee, ornot herto currentexceed license$25, orto writtenchange authorization,a asname applicable,on in a locationlicense. which is accessible to the public.

[4.] 5.

The Board may charge a fee, not to exceed $25, to change a name on a license [.

5.] or written authorization.

6.

A license or written authorization as a physical therapist assistant remains valid while a supervising physical therapist continues to supervise the physical therapist assistant.

Sec.

NRSA 640.155license isas herebya amendedphysical therapist assistant remains valid while a supervising physical therapist continues to readsupervise asthe follows:physical therapist assistant.

640.155 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] 4 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 - *SB100* – 21 – 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.

5.

(Deleted by amendment.) Sec.

- *SB100_R1* – 20 – (b) Thirty-three and one-third percent of the next $50,000 recovered;

- *SB100* – 22 – (a) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death.

In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount - *SB100_R1* – 21 – payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services.

or - *SB100* – 23 – (b) Be subrogated to the rights of the plaintiff against a defendant.

- *SB100_R1* – 22 – In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.

Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the - *SB100* – 24 – judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.

“Custodian of medical records” means a chiropractor, physician, [registered] licensed physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or a facility for convalescent care, medical - *SB100_R1* – 23 – laboratory or hospital who has care, custody and control of medical records for such a person or institution.

- *SB100* – 25 – (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

- *SB100_R1* – 24 – (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

- *SB100* – 26 – (b) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C.

(c) “Provider of health care” means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, [registered] licensed physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, licensed dieSec.dietitian or doctor of Oriental medicine in any form.

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