SB 335 — Revises provisions relating to professional and occupational licensing. (BDR 54-186)

The abolishmentDivision ofmay anydevelop board that regulates a profession or occupation pursuant to this title and themake transferrecommendations of the powers and duties of that board to the DivisionLegislature basedconcerning: on a review conducted pursuant to section 12 of this act;

2.(a) The abolishment of any board that regulates a profession or occupation pursuant to this title and the transfer of the powers and duties of that board to the Division based on a review conducted pursuant to section 12 of this act;

(b) Measures to improve and standardize the procedures for the issuance of licenses by the Division;

3.(c) Measures to improve and standardize the procedures used by the Division for the imposition of disciplinary action against licensees;

Measures to improve and standardize(d) theAny proceduresother usedmatter byconcerning the Divisionlicensure forand theregulation imposition of disciplinaryprofessions actionand againstoccupations licensees;regulated by the Division.

and- 4.*SB335_R1* – 6 – 2.

AnyIn otherdeveloping matterand concerningmaking therecommendations licensurepursuant andto regulationsubsection of1, professionsthe andDivision occupationsshall regulatedconsider input provided by licensees of the Division.applicable board or boards.

- *SB335* – 6 – (a) Prescribing requirements for the creation, retention and public disclosure of records of the activities of a health care licensing board;

In adopting any regulations pursuant to this section, the Division shall consider input provided by licensees.

- *SB335_R1* – 7 – (f) State Board of Health and Division of Public and Behavioral Health of the Department of Health and Human Services.

and - *SB335* – 7 – (b) Except as otherwise provided in subsection 7 of NRS 629.051 and unless a longer period is provided by federal law, the health care records of a patient who is 23 years of age or older may be destroyed after 5 years pursuant to subsection 1 of NRS 629.051.

If a health care licensing board determines that a complaint received by the health care licensing board concerns a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health care licensing board shall - *SB335_R1* – 8 – immediately notify the appropriate health authority for the purposes of NRS 439.970.

- *SB335* – 8 – 6.

(2) A dentist who has successfully completed the training prescribed by the [Board of Dental Examiners of Nevada] Division - *SB335_R1* – 9 – of Occupational Licensing of the Department of Business and Industry pursuant to NRS 631.391;

- *SB335* – 9 – Sec.

Any requirements concerning the creation, retention and public disclosure of records of the activities of the Board established by regulation of the Division of Occupational - *SB335_R1* – 10 – Licensing of the Department of Business and Industry pursuant to section 15 of this act.

One member of the Board must be a person who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients - *SB335* – 10 – who are indigent, uninsured or unable to afford health care.

The rate - *SB335_R1* – 11 – must not exceed the rate provided for state officers and employees generally.

- *SB335* – 11 – 5.

630A.035 “Homeopathic assistant” means a person who is a graduate of an academic program approved by the [Board] Division - *SB335_R1* – 12 – or who, by general education, practical training and experience determined to be satisfactory by the [Board,] Division, is qualified to perform homeopathic services under the supervision of a supervising homeopathic physician and who has been issued a certificate as a homeopathic assistant by the [Board.] Division.

Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by - *SB335* – 12 – regulation the methods to be used to check the background of such applicants.

and - *SB335_R1* – 13 – (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board.

- *SB335* – 13 – 5.

- *SB335_R1* – 14 – Sec.

If any person fails to comply with a subpoena issued by the [Board, the Secretary-Treasurer or President of the Board] Division, - *SB335* – 14 – the Division may petition the district court for an order of the court compelling compliance with the subpoena.

The revocation of a license or certificate to practice any type of medicine in another jurisdiction on grounds other than grounds - *SB335_R1* – 15 – which would constitute gross medical negligence constitutes grounds for initiating disciplinary action or denying the issuance of a license or certificate.

- *SB335* – 15 – 6.

- *SB335_R1* – 16 – (d) Has completed a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the [Board;] Division;

(a) Received the degree of doctor of medicine from a medical school which at the time of his or her graduation was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools, the degree of Bachelor of Medicine and Bachelor of Surgery or its equivalent - *SB335* – 16 – from a medical school which at the time of his or her graduation was determined by the General Medical Council of the United Kingdom to be entitled to award primary medical qualifications, or the degree of doctor of osteopathic medicine from an osteopathic school which at the time of his or her graduation was accredited by the Bureau of Professional Education of the American Osteopathic Association;

and - *SB335_R1* – 17 – 2.

(b) An applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the [Board] Division of Occupational Licensing the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human - *SB335* – 17 – Services pursuant to NRS 425.520.

- *SB335_R1* – 18 – Sec.

If an applicant fails three consecutive examinations, he or she must show the [Board] Division by clear and convincing - *SB335* – 18 – evidence that extraordinary circumstances justify permitting the applicant to be reexamined again.

If the applicant is a diplomate of an approved specialty board recognized by [this Board,] the Division, the requirements of - *SB335_R1* – 19 – paragraphs (b) and (c) of subsection 1 may be waived by the [Board.] Division.

- *SB335* – 19 – 3.

- *SB335_R1* – 20 – (b) For an applicant for a license to practice homeopathic medicine, the name of the school granting the diploma and the date of the diploma.

and - *SB335* – 20 – (b) Prescribe substances which are contained in the Homeopathic Pharmacopeia of the United States,  pursuant to a protocol approved by a supervising homeopathic physician.

- *SB335_R1* – 21 – 4.

The application for the certificate must be cosigned by the supervising homeopathic physician, and the certificate is valid only - *SB335* – 21 – so long as that supervising homeopathic physician employs and supervises the homeopathic assistant.

The medical services which a homeopathic assistant may perform, except that a homeopathic assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, - *SB335_R1* – 22 – 636 or 637B, respectively, of NRS or persons licensed to engage in radiation therapy or radiologic imaging pursuant to chapter 653 of NRS.

The purpose of the temporary license is to enable an eligible homeopathic physician to serve as a substitute for some other homeopathic physician who is licensed to practice homeopathic medicine in this State and who is absent from his or - *SB335* – 22 – her practice for reasons deemed sufficient by the [Board.] Division.

(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign - *SB335_R1* – 23 – Medical Graduates and has completed 1 year of supervised clinical training approved by the [Board.] Division.

- *SB335* – 23 – Sec.

- *SB335_R1* – 24 – 4.

- *SB335* – 24 – 3.

- *SB335_R1* – 25 – Sec.

Employing, directly or indirectly, any suspended or unlicensed person in the practice of homeopathic medicine, or the aiding, abetting or assisting of any unlicensed person to practice - *SB335* – 25 – homeopathic medicine contrary to the provisions of this chapter or the regulations adopted by the [Board.] Division.

- *SB335_R1* – 26 – 4.

- *SB335* – 26 – (a) The license of the facility is suspended or revoked;

If a complaint is filed anonymously, the [Board] Division may accept the complaint but may refuse to consider the complaint if anonymity - *SB335_R1* – 27 – of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

- *SB335* – 27 – (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance;

The Board shall review the committee’s findings to determine whether to take any further action, but a member of the Board who participated in the - *SB335_R1* – 28 – investigation may not participate in this review or in any subsequent hearing or action taken by the Board.] Sec.

The [Board] Division shall promptly make a determination with respect to each complaint reported to it by the Attorney - *SB335* – 28 – General as to what action shall be pursued.

- *SB335_R1* – 29 – 3.

- *SB335* – 29 – Sec.

1.] Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant at his or her - *SB335_R1* – 30 – last known address.

- *SB335* – 30 – 2.

- *SB335_R1* – 31 – (e) Revoke the person’s license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.

- *SB335* – 31 – 4.

or (2) Revoked,  may apply to the [Board] Division for removal of the limitation or suspension or may apply to the [Board pursuant to the provisions - *SB335_R1* – 32 – of chapter 622A of NRS] Division for reinstatement of the revoked license or certificate.

- *SB335* – 32 – 3.

- *SB335_R1* – 33 – [(c)] 3.

- *SB335* – 33 – [3.] 5.

- *SB335_R1* – 34 – 2.

- *SB335* – 34 – Sec.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the [Board,] Division, 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 - *SB335_R1* – 35 – written statement to the [Board] Division, requesting that such documents and information be made public records.

- *SB335* – 35 – Sec.

- *SB335_R1* – 36 – (b) Without relieving any person from criminal prosecution for engaging in the practice of homeopathic medicine without a license;

- *SB335* – 36 – (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

In addition to any other penalty prescribed by law, if the [Board] Division determines that a person is practicing homeopathic - *SB335_R1* – 37 – medicine without a license or certificate issued pursuant to this chapter, the [Board] Division may:

To appeal a citation, the person must submit a written - *SB335* – 37 – request for a hearing to the [Board] Division not later than 30 days after the date of issuance of the citation.

The members who are dental hygienists or dental therapists may vote on all matters but may not participate in grading any - *SB335_R1* – 38 – clinical examinations required by NRS 631.240 for the licensing of dentists.

- *SB335* – 38 – Sec.

Appoint such committees, review panels, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the - *SB335_R1* – 39 – provisions of this chapter, the expense to be paid as provided in this chapter.

- *SB335* – 39 – Except as otherwise provided in NRS 631.368, the records must be open to public inspection.

- *SB335_R1* – 40 – (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

or - *SB335* – 40 – (2) Authorized by the regulations of the [Board] Division to engage in such activities without being a licensed dentist.

- *SB335_R1* – 41 – (1) A nonprofit corporation organized pursuant to the provisions of chapter 82 of NRS to provide dental services to rural areas and medically underserved populations of migrant or homeless persons or persons in rural communities pursuant to the provisions of 42 U.S.C.

- *SB335* – 41 – (1) The patient has previously been treated by the dentist in the jurisdiction in which the dentist is licensed;

- *SB335_R1* – 42 –  Such regulations must not prohibit or regulate aspects of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant to the provisions of chapter 89 of NRS and the person or entity providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by the licensed dentist or professional entity.

- *SB335* – 42 – (c) Submit with the application a complete set of fingerprints and written permission authorizing the [Board] Division 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.

(b) An applicant for the issuance or renewal of a license to practice dentistry, dental hygiene or dental therapy shall submit to the [Board] Division of Occupational Licensing the statement prescribed by the Division of Welfare and Supportive Services of - *SB335_R1* – 43 – the Department of Health and Human Services pursuant to NRS 425.520.

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 - *SB335* – 43 – 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.

(a) Except as otherwise provided in NRS 622.090, must present to the [Board] Division a certificate granted by the Joint Commission on National Dental Examinations which contains a - *SB335_R1* – 44 – notation that the applicant has passed the National Board Dental Examination with an average score of at least 75;

All persons who have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the - *SB335* – 44 – board register, as provided in this chapter, and are entitled to receive a certificate of registration .

or - *SB335_R1* – 45 – (b) Has completed the educational requirements specified for certification in a specialty area by a certifying board approved by the Commission on Dental Accreditation of the American Dental Association and is recognized by the certifying board as being eligible for that certification.

- *SB335* – 45 – (a) Must hold an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, or pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, if the person is applying pursuant to paragraph (b) of subsection 1;

- *SB335_R1* – 46 – Sec.

No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, minimal sedation, moderate sedation or deep sedation to dental patients - *SB335* – 46 – unless the dentist or person has been issued a permit authorizing him or her to do so by the [Board.] Division.

or (2) An accredited program of dentistry, dental hygiene or dental therapy of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry, dental hygiene or dental therapy at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the - *SB335_R1* – 47 – Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;

- *SB335* – 47 – (3) Successfully passes a clinical examination approved by the [Board] Division and the American Board of Dental Examiners;

- *SB335_R1* – 48 – (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry, dental hygiene or dental therapy in this State or accept compensation for the practice of dentistry, dental hygiene or dental therapy except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry, dental hygiene or dental therapy for services provided as a dental intern, dental resident or instructor of dentistry, dental hygiene or dental therapy pursuant to paragraph (c) of subsection 1.

The [Board] Division may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry, dental hygiene or dental therapy in this State and to accept compensation for such practice as may be paid to the person by - *SB335* – 48 – entities other than the Nevada System of Higher Education or an accredited program of dentistry, dental hygiene or dental therapy with whom the person is under contract pursuant to paragraph (c) of subsection 1.

The [Board] Division shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to a person to supervise courses of continuing education - *SB335_R1* – 49 – involving live patients at an institute or organization with a permanent facility registered with the [Board] Division for the sole purpose of providing postgraduate continuing education in dentistry if the person has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor.

- *SB335* – 49 – 3.

- *SB335_R1* – 50 – (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

- *SB335* – 50 – (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240;

Except as otherwise provided in this section, the [Board] Division shall, without a clinical examination required by - *SB335_R1* – 51 – NRS 631.3121, issue a temporary license to practice dental therapy to a person who:

- *SB335* – 51 – (d) Has not had a license to practice dental hygiene or dental therapy revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

- *SB335_R1* – 52 – 6.

- *SB335* – 52 – (a) A board of county commissioners submits a request that the [Board of Dental Examiners of Nevada] Division waive the requirements of NRS 631.240, 631.300 or 631.3121 for any applicant intending to practice dentistry, dental hygiene or dental therapy in a rural area of a county in which dental, dental hygiene or dental therapy needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine;

and - *SB335_R1* – 53 – (e) Satisfies the requirements of NRS 631.230, 631.290 or 631.312, as appropriate.

or (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry, dental hygiene or dental therapy, - *SB335* – 53 –  in this State, another state or territory of the United States, or the District of Columbia.

(c) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry, dental hygiene or - *SB335_R1* – 54 – dental therapy in this State, another state or territory of the United States, or the District of Columbia;

The [Board] Division may revoke a restricted geographical license at any time if the [Board] Division finds, by a preponderance - *SB335* – 54 – of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the [Board.] Division.

(1) Under the general supervision of the State Dental Health Officer or the supervision of a dentist who is licensed to practice dentistry in this State and appointed by the Division of Public and Behavioral Health of the Department of Health and Human Services to supervise dental care that is provided in a facility which has - *SB335_R1* – 55 – entered into a contract with the person to whom a restricted license is issued and which is approved by the Division [;] of Public and Behavioral Health of the Department of Health and Human Services;

A restricted license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless - *SB335* – 55 – the holder no longer satisfies the requirements for the restricted license.

- *SB335_R1* – 56 – Sec.

and - *SB335* – 56 – (2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.

[, signed by all members of the Board.] - *SB335_R1* – 57 – Sec.

- *SB335* – 57 – (d) In a clinic established by a hospital approved by the [Board] Division of Professional Licensing as an employee of the hospital where service is rendered only to patients of the hospital, and upon the authorization of a member of the dental staff.

To determine whether a person has good moral character, the [Board] Division may consider whether his or her license to - *SB335_R1* – 58 – practice dental therapy or dental hygiene in another state has been suspended or revoked or whether he or she is currently involved in any disciplinary action concerning his or her license in that state.

(a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the [Board] Division upon such subjects as the [Board] Division deems necessary for the practice of - *SB335* – 58 – dental therapy or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the applicable national examination with a score of at least 75;

- *SB335_R1* – 59 – 3.

- *SB335* – 59 – (d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.

- *SB335_R1* – 60 – 2.

Any person who has obtained from the [Board] Division a license certificate to practice dental hygiene, dental - *SB335* – 60 – therapy or dentistry or any special branch of dentistry in this State, and who fails to obtain a renewal certificate, must, before resuming the practice in which he or she was licensed, make application to the [Secretary-Treasurer,] Division, under such rules as the [Board] Division may prescribe, for the restoration of the license to practice.

- *SB335_R1* – 61 – (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of - *SB335* – 61 – continuing education accredited by the National Disaster Life Support Foundation;

Any such holder of a - *SB335_R1* – 62 – license may use such training to satisfy 2 hours of any continuing education requirement established by the [Board.] Division.

9 Application fee for an initial license to practice dentistry....................................................................$1,500 - *SB335* – 62 – Application fee for an initial license to practice dental hygiene .............................................................$750...............................................................750 Application fee for an initial license to practice dental therapy.............................................................1,000 Application fee for a specialist’s license to practice dentistry.........................................................................300 Application fee for a limited license or restricted license to practice dentistry, dental hygiene or dental therapy................................................................300 Fee for administering a clinical examination in dentistry......................................................................2,500 Fee for administering a clinical examination in dental hygiene or dental therapy ................................1,500 Application and examination fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation ..............................750 Fee for any reinspection required by the [Board] Division to maintain a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation..............................................500 Biennial renewal fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation..............................................600 Fee for the inspection of a facility required by the [Board] Division to renew a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation..............................................350 Fee for the inspection of a facility required by the [Board] Division to ensure compliance with infection control guidelines...........................................500 Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry......................................................................1,000 - *SB335_R1* – 63 – Annual license renewal fee for a limited license or restricted license to practice dentistry...........................300dentistry.........................$300 Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene or dental therapy...........................................................................600 Annual license renewal fee for a limited license to practice dental hygiene or dental therapy......................300 Biennial license renewal fee for an inactive dentist...........400 Biennial license renewal fee for a dentist who is retired or has a disability...............................................100 - *SB335* – 63 – Biennial license renewal fee for an inactive dental hygienist or dental therapist........................................$200therapist..........................................200 Biennial license renewal fee for a dental hygienist or dental therapist who is retired or has a disability........................................................................100 Reinstatement fee for a suspended license to practice dentistry, dental hygiene or dental therapy...........................................................................500 Reinstatement fee for a revoked license to practice dentistry, dental hygiene or dental therapy ...................500 Reinstatement fee to return a dentist, dental hygienist or dental therapist who is inactive, retired or has a disability to active status ......................500 Fee for the certification of a license.....................................50 2.

- *SB335_R1* – 64 – (a) Diagnosing or treating any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof.

(e) Supervising dental hygienists, dental therapists, dental assistants and other personnel involved in direct patient care and - *SB335* – 64 – authorizing procedures performed by the dental hygienists, dental therapists, dental assistants and other personnel in accordance with the standards of supervision established by law or regulations adopted pursuant thereto.

If the [Board] Division determines that a person who provides goods or services for the support of the business of a dental practice, office or clinic has committed any act described in subparagraph (1) or (2) of paragraph (i) of subsection 2 of - *SB335_R1* – 65 – NRS 631.215, the [Board] Division may seek revocation of any state business license held by that person by submitting a request for such revocation to the Secretary of State.

The Secretary of State shall not issue a new license to the former holder of a state business license revoked pursuant to this section unless the Secretary of State receives notification from the - *SB335* – 65 – [Board] Division that the [Board] Division is satisfied that the person:

- *SB335_R1* – 66 – 5.

or - *SB335* – 66 – (c) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;

- *SB335_R1* – 67 – Sec.

- *SB335* – 67 – 2.

631.349 The acts described in NRS 631.346 to 631.3485, inclusive, must not be construed as a complete list of dishonorable or unprofessional conduct, or as authorizing or permitting the - *SB335_R1* – 68 – performance of other and similar acts, or as limiting or restricting the [Board] Division from holding that other or similar acts constitute unprofessional or dishonorable conduct.

- *SB335* – 68 – (g) Require a person to participate in a program relating to an alcohol or other substance use disorder or any other impairment;

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits - *SB335_R1* – 69 – the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it 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.] with the State Treasurer for credit to the Occupational Licensing Account created by section 14 of this act.

Any disciplinary action taken by a hearing officer or panel pursuant to NRS 631.350 is subject to the same procedural - *SB335* – 69 – requirements which apply to disciplinary actions taken by the [Board,] Division, and the officer or panel has those powers and duties given to the [Board] Division in relation thereto.

If the [Board] Division - *SB335_R1* – 70 – receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

[If the Board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been - *SB335* – 70 – continued, the Board shall continue the hearing for a period not to exceed 30 days.

The [investigator] person and any member of a review panel appointed - *SB335_R1* – 71 – pursuant to NRS 631.3635 shall not participate in the hearing conducted by the [Board.] Division.

- *SB335* – 71 – (a) If the subject of the investigation or informal hearing is a holder of a license to practice dental hygiene, one member of the Board who is a holder of a license to practice dentistry, one member of the Board who is a holder of a license to practice dental hygiene and one holder of a license to practice dental hygiene who is not a member of the Board and is not the subject of the investigation or informal hearing.

Before the [Board] Division takes any action or makes any disposition relating to a complaint, the review panel appointed pursuant to subsection 1 to conduct a review of the investigation or - *SB335_R1* – 72 – informal hearing relating to the complaint shall present to the [Board] Division its findings and recommendation relating to the investigation or informal hearing, and the [Board] Division shall review and consider those findings and recommendations.

The [Executive Director of the Board or his or her designee] Division of Professional Licensing shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement - *SB335* – 72 – agency, professional licensing board or any other source indicating that:

If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the [Board] Division determines that the licensee issued a fraudulent, - *SB335_R1* – 73 – illegal, unauthorized or otherwise inappropriate prescription, the [Board] Division must impose appropriate disciplinary action.

(b) Postpone any notification, review or part of such a review required by this section if [he or she] the Division determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, - *SB335* – 73 – unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

If the [Board] Division determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the [Board] Division may summarily suspend the licensee’s authority to prescribe, administer or dispense a controlled substance listed in schedule II, III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the - *SB335_R1* – 74 – licensee.

- *SB335* – 74 – 3.

- *SB335_R1* – 75 – (e) That the documents or testimony were relevant to the allegations being investigated or heard;

A certified copy of the order must be served upon - *SB335* – 75 – the witness.

- *SB335_R1* – 76 – Sec.

Any person who furnishes information to the [Board] Division concerning a licensee or an applicant for licensure, - *SB335* – 76 – in good faith and without malicious intent, is immune from any civil action for furnishing that information.

and - *SB335_R1* – 77 – 3.

A dentist who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request - *SB335* – 77 – of a patient or any state or local governmental agency or agent thereof.

- *SB335_R1* – 78 – 7.

- *SB335* – 78 – 9.

- *SB335_R1* – 79 – 2.

- *SB335* – 79 – (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

To appeal a citation, the person must submit a written - *SB335_R1* – 80 – request for a hearing to the [Board] Division not later than 30 days after the date of issuance of the citation.

Any requirements concerning the creation, retention and public disclosure of records of the activities of the Board established by regulation of the Division of Occupational - *SB335* – 80 – Licensing of the Department of Business and Industry pursuant to section 15 of this act.

- *SB335_R1* – 81 – 1.

and - *SB335* – 81 – (c) Have been so engaged in this State for a period of more than 5 years preceding their appointment.

[All] Except as otherwise provided in subsection 3, all money received by the Board shall be deposited in banks, credit - *SB335_R1* – 82 – unions, savings and loan associations or savings banks in this State and shall be paid out on its order for its expenses.

A group of such members of the Board as the President of the Board may designate from time to time, which group must consist of not less than three members of the Board, at least one of - *SB335* – 82 – whom was appointed to the Board pursuant to subsection [2 or] 3 or 4 of NRS 633.191.

- *SB335_R1* – 83 – 4.

- *SB335* – 83 – 2.

- *SB335_R1* – 84 – The term includes, without limitation, the practice of acupuncture, herbal medicine, moxibustion, dry needling and other services approved by the [Board.] Division.

- *SB335* – 84 – 3.] Adopt regulations not inconsistent with the provisions of this chapter.

- *SB335_R1* – 85 – Sec.

and - *SB335* – 85 – (b) If the [Board] Division retains the Attorney General, transmit the original complaint and any facts or information obtained from the review to the Attorney General.

and - *SB335_R1* – 86 – (c) It holds a current license issued by the Commission on Postsecondary Education.

(c) Submit with the application a complete set of fingerprints which the [Board] Division may forward to the Central Repository - *SB335* – 86 – for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

- *SB335_R1* – 87 – (a) Fails to submit the statement required pursuant to subsection 1;

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] Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to - *SB335* – 87 – determine the actions that the applicant may take to satisfy the arrearage.

- *SB335_R1* – 88 – 6.

- *SB335* – 88 – (2) Earned a bachelor’s degree, or completed a combined bachelor’s and master’s degree program in Oriental medicine, from an accredited college or university in the United States;

- *SB335_R1* – 89 – (1) Successfully completed a program in Oriental medicine from a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization before January 1, 2008, that included the study of herbology;

- *SB335* – 89 – Sec.

- *SB335_R1* – 90 – Sec.

Except as otherwise provided in subsection 5, if a doctor of Oriental medicine who holds a valid and unrestricted license to practice Oriental medicine in another state or territory of the United - *SB335* – 90 – 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 doctor of Oriental medicine is temporarily exempt from licensure and may practice Oriental medicine in this State while providing services to such persons.

- *SB335_R1* – 91 – Sec.

- *SB335* – 91 – (a) Apply to the [Board] Division for renewal;

- *SB335_R1* – 92 – (c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court;

- *SB335* – 92 – 9.

- *SB335_R1* – 93 – 19.

- *SB335* – 93 – 2.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the [Board,] Division, 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 - *SB335_R1* – 94 – action against a person are confidential, unless the person submits a written statement to the [Board] Division requesting that such documents and information be made public records.

- *SB335* – 94 – Sec.

(a) Issue and serve on the person an order to cease and desist until the person obtains from the [Board] Division the proper license or otherwise demonstrates that he or she is no longer in violation of - *SB335_R1* – 95 – subsection 1.

- *SB335* – 95 – (b) Shall not relieve such person from any criminal prosecution for the violation.

[All] Except as otherwise provided in subsection 3, all fees provided for in this chapter must be paid to the Treasurer - *SB335_R1* – 96 – of the Board, who shall deposit the fees in banks, credit unions, savings and loan associations or savings banks in this State.

Any requirements concerning the creation, retention and public disclosure of records of the activities of the Board established by regulation of the Division of Occupational - *SB335* – 96 – Licensing of the Department of Business and Industry pursuant to section 15 of this act.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of administrative fines and penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is - *SB335_R1* – 97 – needed to pay attorney’s fees or the costs of an investigation, or both.

The money may be drawn on by the Board for payment of - *SB335* – 97 – all expenses incurred in the administration of the provisions of this chapter.

- *SB335_R1* – 98 – 1.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits - *SB335* – 98 – the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it 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.

Except as otherwise provided in [subsection] subsections 3 [,] and 4, all money coming into the possession of the - *SB335_R1* – 99 – Board must be kept or deposited by the Executive Secretary of the Board in banks, credit unions, savings and loan associations or savings banks in the State of Nevada, or invested in United States treasury bills or notes, to be expended for payment of compensation and expenses of members of the Board and for other necessary or proper purposes in the administration of this chapter.

- *SB335* – 99 – Sec.

(b) Remove an original record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner or pharmacy, if the record in question will be used as evidence in a criminal action, a civil action or an administrative proceeding, or contemplated action or proceeding - *SB335_R1* – 100 – and it is necessary to use the original record, rather than a photocopy of the record, for that purpose.

Any requirements concerning the creation, retention and public disclosure of records of the activities of the Board established by regulation of the Division of Occupational - *SB335* – 100 – Licensing of the Department of Business and Industry pursuant to section 15 of this act.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit - *SB335_R1* – 101 – the money collected from the imposition of administrative fines in the State General Fund.

- *SB335* – 101 – (a) The examination of an applicant for a license;

- *SB335_R1* – 102 – Sec.

- *SB335* – 102 – Sec.

If money has been deposited in the State General Fund pursuant to this - *SB335_R1* – 103 – 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.] with the State Treasurer for credit to the Occupational Licensing Account created by section 14 of this act.

and (c)] and - *SB335* – 103 – (b) Enforce the provisions of this chapter and any regulations adopted pursuant thereto.

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 - *SB335_R1* – 104 – hours of didactic education and training in dry needling approved by the [Board.] Division.

Except as otherwise provided in subsection 2, unless he or she has been issued a license as an athletic trainer by - *SB335* – 104 – the [Board] Division pursuant to the provisions of this chapter, a person shall not:

- *SB335_R1* – 105 – (a) Be of good moral character;

- *SB335* – 105 – 3.

and - *SB335_R1* – 106 – (b) The fees prescribed by the [Board] Division pursuant to NRS 640B.410.

- *SB335* – 106 – 2.

- *SB335_R1* – 107 – 6.

- *SB335* – 107 – (a) The application or any other forms that must be submitted for the issuance or renewal of the license;

A person who is licensed as an athletic trainer shall not conduct an evaluation of an athletic injury or perform joint mobilization unless the person has earned at least a master’s degree - *SB335_R1* – 108 – in athletic training or a comparable area of study, as determined by the [Board.] Division.

- *SB335* – 108 – 2.

Application for a license...................................................$250 Examination for a license...................................................350 - *SB335_R1* – 109 – Application for a license without examination...................350examination.................$350 Annual renewal of a license ...............................................350 Restoration of an expired license .......................................350 Issuance of a duplicate license .............................................50 Sec.

- *SB335* – 109 – (e) Has violated the provisions of NRS 200.5093, 432B.220 or 432C.110;

- *SB335_R1* – 110 –  This paragraph applies to an owner or other principal responsible for the operation of the facility.

- *SB335* – 110 – Sec.

and - *SB335_R1* – 111 – (b) The Board or any member thereof] the Division may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

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 - *SB335* – 111 – has not complied with the subpoena.

- *SB335_R1* – 112 – 4.

- *SB335* – 112 – Sec.

(b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or - *SB335_R1* – 113 – stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

(e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within - *SB335* – 113 – the scope of that employment, practices massage therapy, reflexology or structural integration on athletes.

- *SB335_R1* – 114 – Sec.

640C.220 The [Board] Division and [any of its members and] its staff and employees, including, without limitation, inspectors, investigators, advisers, examiners, clerks, counsel, experts, committees, panels, hearing officers and consultants, are immune from civil liability for any act performed in good faith and without - *SB335* – 114 – malicious intent in the execution of any duties pursuant to this chapter.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State - *SB335_R1* – 115 – Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.] with the State Treasurer for credit to the Occupational Licensing Account created by section 14 of this act.

- *SB335* – 115 – [6.] 5.

- *SB335_R1* – 116 – 1.

- *SB335* – 116 – 8.

- *SB335_R1* – 117 – 3.

Notwithstanding the provisions of NRS 640C.580, and except as otherwise provided in subsection 3, the [Board] Division may issue a license to an applicant who holds a current license to practice massage therapy, reflexology or structural - *SB335* – 117 – integration issued by another state, territory or possession of the United States or the District of Columbia.

and - *SB335_R1* – 118 – (2) Disciplinary proceedings relating to his or her license to practice massage therapy, reflexology or structural integration are not pending.

and - *SB335* – 118 – (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.

- *SB335_R1* – 119 – 3.

- *SB335* – 119 – 5.] At any time before making a final decision on an application for a license by endorsement, the [Board] Division may grant a provisional license authorizing an applicant to practice as a massage therapist, reflexologist or structural integration practitioner in accordance with regulations adopted by the [Board.] Division.

- *SB335_R1* – 120 – (a) The application or any other forms that must be submitted for the issuance or renewal of the license;

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] Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to - *SB335* – 120 – determine the actions that the applicant may take to satisfy the arrearage.

- *SB335_R1* – 121 – Sec.

and - *SB335* – 121 – (2) For each year that the license was expired, for the renewal of a license.

- *SB335_R1* – 122 – Sec.

7 An examination established by the [Board] Division pursuant to this chapter ...............................................$600 An application for a license................................................300 An application for a license without an examination.........300 A background check of an applicant..................................600 The issuance of a license....................................................400 The renewal of a license.....................................................350 The restoration of an expired license..................................500 The reinstatement of a suspended or revoked license ........500 The issuance of a replacement license..................................75 The restoration of an inactive license.................................300 The issuance of a certification of a massage, reflexology and structural integration establishment as defined in NRS 640C.330....................50 - *SB335* – 122 – The renewal of a certification of a massage, reflexology and structural integration establishment as defined in NRS 640C.330..................$50640C.330....................50 5 2.

- *SB335_R1* – 123 – (a) Be at least 18 years of age;

(5) A complete set of fingerprints and written permission authorizing the [Board] Division to forward the fingerprints to the - *SB335* – 123 – Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

- *SB335_R1* – 124 – (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure;

- *SB335* – 124 – 2.

- *SB335_R1* – 125 – (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy;

- *SB335* – 125 – (c) Is subject to the regulatory and disciplinary authority of the [Board] Division to the same extent as a fully licensed massage therapist;

- *SB335_R1* – 126 – (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice reflexology verifying that:

- *SB335* – 126 – 3.

(c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the [Board] Division and its [members and] employees in carrying out - *SB335_R1* – 127 – their duties pursuant to this chapter.

- *SB335* – 127 – (4) Proof that the applicant:

- *SB335_R1* – 128 – 4.

- *SB335* – 128 – Sec.

(5) A complete set of fingerprints and written permission authorizing the [Board] Division to forward the fingerprints to the - *SB335_R1* – 129 – Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

- *SB335* – 129 – (a) Conduct an investigation to determine:

- *SB335_R1* – 130 – 2.

- *SB335* – 130 – (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:

- *SB335_R1* – 131 – (c) Is subject to the regulatory and disciplinary authority of the [Board] Division to the same extent as a fully licensed structural integration practitioner;

- *SB335* – 131 – Sec.

- *SB335_R1* – 132 – 5.

Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or - *SB335* – 132 – any regulations adopted pursuant thereto if the conduct were committed in this State;

or - *SB335_R1* – 133 – 17.

- *SB335* – 133 – (e) Except as otherwise provided in NRS 640C.712, impose an administrative fine of not more than $5,000 for each violation;

- *SB335_R1* – 134 – (b) For a second violation, impose an administrative fine of not less than $250 and not more than $5,000;

If the [Board] Division finds, based upon evidence in its possession, that immediate action is necessary to protect the health, - *SB335* – 134 – safety or welfare of the public, the [Board] Division may, upon providing notice to the massage therapist, reflexologist or structural integration practitioner, temporarily suspend his or her license without a prior hearing for a period not to exceed 15 business days.

(b) Does not file a timely written request for a hearing and the [Board] Division wants to consider extending the period of the temporary suspension, the [Board] Division shall schedule a hearing and notify the massage therapist, reflexologist or structural - *SB335_R1* – 135 – integration practitioner immediately by certified mail of the date of the hearing.

Upon receiving such a report, the [Executive Director] Division shall immediately issue by certified mail to the massage therapist, reflexologist or structural integration practitioner a cease and desist order temporarily suspending the license of the massage therapist, reflexologist or structural integration practitioner without - *SB335* – 135 – a prior hearing.

(b) Does not file a timely written request for a hearing and the [Board] Division wants to consider extending the period of the temporary suspension, the [Board] Division shall schedule a hearing and notify the massage therapist, reflexologist or structural integration practitioner immediately by certified mail of the date of - *SB335_R1* – 136 – the hearing.

or - *SB335* – 136 – (b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

- *SB335_R1* – 137 – Sec.

- *SB335* – 137 – Sec.

and (b) May use the records for the sole and limited purpose of determining whether to take disciplinary action against the massage - *SB335_R1* – 138 – therapist, reflexologist or structural integration practitioner pursuant to this chapter.

If any witness who has not been required to attend at the request of any party is subpoenaed by the [Board,] Division, his or her fees and - *SB335* – 138 – mileage must be paid by the [Board] Division from money available for that purpose.

- *SB335_R1* – 139 – (a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the [Board,] Division, at the person’s cost;

- *SB335* – 139 – 4.

- *SB335_R1* – 140 – (a) Not later than 15 business days after the date on which the citation is received by the person;

and - *SB335* – 140 – (5) Whether any corrective action described in the citation is reasonable.

- *SB335_R1* – 141 – 3.

- *SB335* – 141 – Sec.

(b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician,” “massage therapist,” “licensed reflexologist,”reflexologist,”“reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage,” “reflexology,” “structural integration” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy, reflexology or structural integration;

If a person’s license to practice massage therapy, reflexology or structural integration pursuant to this chapter has expired or has - *SB335_R1* – 142 – been suspended or revoked by the [Board,] Division, the person shall not:

(b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician,” “massage therapist,” “licensed reflexologist,”reflexologist,”“reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage,” “reflexology” or “structural integration,” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy, reflexology or structural integration;

or - *SB335* – 142 – (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician,” “reflexologist” or “structural integration practitioner,” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy, reflexology or structural integration.

- *SB335_R1* – 143 – 4.

If the [Board] Division orders the person to cause any telephone number to be disconnected from service and - *SB335* – 143 – the person fails to comply within 5 days after the date on which the person is served with the order, the [Board] Division may:

(a) “Advertising” means the intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory - *SB335_R1* – 144 – under the listing of “massage therapist,” “massage,” “reflexologist,” “reflexology,” “structural integration practitioner” or “structural integration.” (b) “Provider” means a provider of any type of telephone, messaging or paging service.

- *SB335* – 144 – 1.

- *SB335_R1* – 145 – Sec.

- *SB335* – 145 – 1.

If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the - *SB335_R1* – 146 – Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

- *SB335* – 146 – Sec.

- *SB335_R1* – 147 – Sec.

NRS(Deleted 643.010by isamendment.) herebySec. amended to read as follows:

643.010 As used in this chapter, unless the context otherwise requires:

1.

“Barber school” includes a school of barbering, college of barbering and any other place or institution of instruction training persons to engage in the practice of barbering.

2.

“Barbershop” means any establishment or place of business where the practice of barbering is engaged in or carried on.

3.

[“Board” means the State Barbers’ Health and Sanitation Board.] “Division” means the Division of Occupational Licensing of the Department of Business and Industry.

4.

“Instructor” means any person who is licensed by the [Board] Division pursuant to the provisions of this chapter to instruct the practice of barbering in a barber school.

- *SB335* – 147 – 5.

“Licensed apprentice” means a person who is licensed to engage in the practice of barbering as an apprentice pursuant to the provisions of this chapter.

6.

“Licensed barber” means a person who is licensed to engage in the practice of barbering pursuant to the provisions of this chapter.

7.

“Practice of barbering” means any of the following practices for cosmetic purposes:

(a) Shaving or trimming the beard, cutting or trimming the hair, or hair weaving.

(b) Giving massages of the face or scalp or treatments with oils, creams, lotions or other preparations, by hand or mechanical appliances.

(c) Singeing, shampooing or dyeing the hair, or applying hair tonics.

(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.

(e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material.

This does not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.

8.

“Student” means a person receiving instruction in a barber school.

Sec.

NRS(Deleted 643.050by isamendment.) herebySec. amended to read as follows:

643.050 1.

The [Board] Division may:

(a) [Maintain offices in as many locations in this 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 [.] under this chapter.

[(c)] (b) Adopt regulations necessary to carry out the provisions of this chapter.

2.

The [Board] Division shall prescribe, by regulation, sanitary requirements for barbershops and barber schools.

3.

Any [member of the Board or its agents or assistants] agent or employee of the Division may enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in that practice is being carried on.

4.

The [Board] Division shall keep [a record of its proceedings] records relating to the issuance, refusal, renewal, suspension and revocation of licenses.

[The record] Such records must contain the name, place of business and residence of each licensed barber, licensed apprentice and instructor, and the date and number of the - *SB335* – 148 – license.

The record must be open to public inspection at all reasonable times.

5.

The [Board shall place on the Internet website maintained by the Board the budget of the Board and all financial reports prepared by the Board.

6.

The Board] Division may approve and, by official order, establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the [Board] Division by any organized and representative group of licensed barbers of at least 70 percent of the licensed barbers of any county.

The [Board] Division may investigate the reasonableness and propriety of the hours fixed by such an agreement, as is conferred by the provisions of this chapter, and the [Board] Division may fix hours for any portion of a county.

[7.] 6.

The [Board] Division may adopt regulations governing the conduct of barber schools and the course of study of barber schools.

Sec.

NRS(Deleted 643.060by isamendment.) herebySec. amended to read as follows:

643.060 [1.

Except as otherwise provided in subsection 3,] All money received by the [Board] Division under this chapter must be [paid to the Secretary-Treasurer of the Board, who shall deposit the money in banks, credit unions, savings and loan associations or savings banks in the State of Nevada and give a receipt for it.

2.

The money must be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the Board.

3.

The Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, and may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay an attorney’s fees or the costs of an investigation, or both.] deposited with the State Treasurer for credit to the Occupational Licensing Account created by section 14 of this act.

Sec.

NRS(Deleted 643.070by isamendment.) herebySec. amended to read as follows:

643.070 Any person is qualified to receive a license as a barber:

1.

Who is qualified under the provisions of NRS 643.085.

2.

Who is at least 18 years of age.

3.

Who is of good moral character and temperate habits.

4.

Who has:

(a) Practiced as a licensed apprentice for a period of 18 months under the immediate personal supervision of a licensed barber;

or - *SB335* – 149 – (b) Complied with the requirements of NRS 643.085.

5.

Who has passed an examination conducted by the [Board] Division to determine his or her fitness to practice as a licensed barber.

6.

Who has had a chest X-ray, the results of which indicate he or she is not tuberculous, and a blood test, the results of which indicate he or she is not a carrier of communicable diseases.

Sec.

NRS(Deleted 643.080by isamendment.) herebySec. amended to read as follows:

643.080 Any person is qualified to receive a license as an apprentice:

1.

Who is at least 16 1/2 years of age.

2.

Who is of good moral character and temperate habits.

3.

Who has graduated from a school of barbering approved by the [Board.] Division.

4.

Who has passed an examination conducted by the [Board] Division to determine his or her fitness to practice as a licensed apprentice.

5.

Who has had a chest X-ray, the results of which indicate he or she is not tuberculous, and a blood test, the results of which indicate he or she is not a carrier of communicable diseases.

Sec.

NRS(Deleted 643.085by isamendment.) herebySec. amended to read as follows:

643.085 A person who:

1.

Is licensed pursuant to the provisions of chapter 644A of NRS;

and 2.

Has completed 400 hours of specialized training at a barber school approved by the [Board,] Division,  may take the examination for a license as a barber without being licensed as an apprentice.

Sec.

NRS(Deleted 643.090by isamendment.) herebySec. amended to read as follows:

643.090 1.

Each applicant for a license as a barber or an apprentice must file an application verified by him or her for an examination before the [Board.] Division.

2.

The application must be in a form prescribed by the [Board.] Division.

3.

Each application must be accompanied by the fees prescribed by subsection 4.

4.

The Board shall annually fix the examination fees, which must not be more than $100.

5.

Each applicant must, at the time of filing the application, file a certificate signed by a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.

6.

Each applicant must submit all information required to complete the application.

- *SB335* – 150 – Sec.

NRS(Deleted 643.095by isamendment.) herebySec. amended to read as follows:

643.095 1.

In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license as a barber, an apprentice or an instructor shall include the social security number of the applicant in the application submitted to the [Board.] Division.

(b) An applicant for the issuance or renewal of a license as a barber, an apprentice or an instructor must submit to the [Board] Division of Occupational Licensing the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

The statement must be completed and signed by the applicant.

2.

The [Board] Division of Occupational Licensing 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.] Division.

3.

A license as a barber, an apprentice or an instructor may not be issued or renewed by the [Board] Division 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] Division 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.

Sec.

NRS(Deleted 643.100by isamendment.) herebySec. amended to read as follows:

643.100 1.

Not less than three times each year, at such times and places as it determines, the [Board] Division shall conduct examinations to determine the fitness of each of the following:

(a) Applicants for licenses as barbers.

(b) Applicants for licenses as apprentices.

(c) Applicants to enter barber schools.

2.

The examination of applicants for licenses as barbers and apprentices must include a practical demonstration and a written and - *SB335* – 151 – oral test that must include the subjects usually taught in barber schools approved by the [Board.] Division.

3.

Not less than 60 days before the date of an examination described in this section, the [Board] Division shall provide notice of the examination on the Internet website maintained by the [Board.] Division.

Sec.

NRS(Deleted 643.105by isamendment.) herebySec. amended to read as follows:

643.105 1.

An applicant for a license pursuant to the provisions of this chapter who, without good cause, fails to appear for an examination of the [Board] Division after notification by the [Board] Division of eligibility to take the examination:

(a) Is not entitled to receive a refund of the fee for that examination;

and (b) Must reapply to take the examination by filing a new application and paying the fee for the examination.

2.

The [Board] Division shall, by regulation, define “good cause” for the purposes of this section.

Sec.

NRS(Deleted 643.110by isamendment.) herebySec. amended to read as follows:

643.110 1.

Except as otherwise provided in subsection 2, an applicant for a license as a barber who fails to pass the examination conducted by the [Board] Division must continue to practice as a licensed apprentice for an additional 3 months before he or she may retake the examination for a license as a barber.

2.

An applicant for a license as a barber who is a cosmetologist licensed pursuant to the provisions of chapter 644A of NRS and who fails to pass the examination conducted by the [Board] Division must complete further study as prescribed by the [Board,] Division, not exceeding 250 hours, in a barber school approved by the [Board] Division before he or she may retake the examination for a license as a barber.

3.

An applicant for a license as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed by the [Board] Division in a barber school approved by the [Board] Division before he or she may retake the examination for a license as an apprentice.

4.

An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 may retake the examination for a license as an instructor.

If the applicant retakes the examination:

(a) Not later than 1 year after taking the initial examination, the applicant is not required to complete further study in a barber school before he or she may retake the examination;

and (b) Later than 1 year after taking the initial examination, the applicant must complete 250 hours of further study in a barber - *SB335* – 152 – school approved by the [Board] Division each time before he or she may retake the examination for a license as an instructor.

Sec.

NRS(Deleted 643.120by isamendment.) herebySec. amended to read as follows:

643.120 Except as otherwise provided in NRS 643.130, any person who has a license or certificate as a barber or an apprentice from another state, the District of Columbia or a country which has substantially the same requirements for licensing barbers and apprentices as are required by the provisions of this chapter must be admitted to practice as a licensed barber or apprentice pursuant to the regulations adopted by the [Board.] Division.

Sec.

NRS(Deleted 643.130by isamendment.) herebySec. amended to read as follows:

643.130 1.

A license as a barber or an apprentice must be issued by the [Board] Division to any applicant who:

(a) Passes an examination as provided for in NRS 643.070 and 643.080;

(b) Possesses the other qualifications required by the provisions of this chapter;

(c) Complies with the requirements set forth in the regulations of the [Board;] Division;

and (d) Submits all information required to complete an application for a license.

2.

A person who has a license or certificate as a barber from another state or the District of Columbia, who has applied for an examination before the [Board] Division and who meets the qualifications set forth in NRS 643.070, except subsection 5 thereof, is temporarily exempt from licensure and may engage in the practice of barbering 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;] Division;

(b) The [Board] Division has approved the person to sit for the examination required pursuant to NRS 643.100;

(c) The person has not previously failed an examination for licensure as a barber;