Nevada 2023 Regular Session Status: Enacted 1 D cosponsors

AB 343 — Revises provisions relating to occupational therapy. (BDR 54-737)

Last action — Approved by the Governor. Chapter 88.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 30, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

543 added · 589 removed

543 line(s) added, 589 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 15) (Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT A.B.
Assembly Bill No.
343 ASSEMBLY B ILLN O.
343–Assemblyman C.H.
343–A SSEMBLYMAN C.H.
Miller CHAPTER..........
M ILLER M ARCH 20, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to occupational therapy.
(BDR 54-737) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for the licensure and regulation of occupational therapists and occupational therapy assistants by the Board of Occupational Therapy.
and occupational therapy assistants by the Board of Occupational Therapy.l therapists (Chapter 640A of NRS) Existing law requires a person to meet certain requirements to obtain a license as an occupational therapist or occupational therapy assistant, including the satisfaction of certain educational requirements in a program approved by the Board, the successful completion of a certain amount of fieldwork experience approved by the Board and the passage of an examination approved by the Board.
(Chapter 640A of NRS) Existing law requires a person to meet certain requirements including the satisfaction of certain educational requirements in a programsistant, approved by the Board, the successful completion of a certain amount of fieldwork experience approved by the Board and the passage of an examination approved by the Board.
(NRS 640A.120) Section 8 of this bill revises those requirements to instead require, with certain exceptions, a person who wishes to obtain a license as examination on the laws and regulations governing the practice of occupational therapy in this State approved by the Board pursuant to section 10 of this bill;
(NRS 640A.120) Section 8 of this bill revises those requirements to instead require, with certain exceptions, a person who wishes to obtain a license as an occupational therapist or occupational therapy assistant to:
(1) pass an therapy in this State approved by the Board pursuant to section 10 of this bill;
Section 5 of this bill revises a reference to the educational program required for licensure to reflect the changes made by - *AB343_R1* – 2 – certain licenses to conform to the changes made by section 8.ing the issuance of Existing law authorizes the issuance of a license by endorsement as an occupational therapist to an applicant who holds a valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States and who meets certain other requirements.
Section 5 of this bill revises a reference to the educational program required for licensure to reflect the changes made by section 8.
(NRS 640A.165, 640A.166) Section 2 of this bill authorizes the Board to issue a license by reciprocity as an occupational therapist or occupational therapy assistant to a person who holds a valid and unrestricted license as an occupational therapist or Occupational Therapy Licensure Compact and who meets certain others a member of the requirements.
Section 19 of this bill repeals provisions concerning the issuance of certExisting law authorizes the issuance of a license by endorsement as an occupational therapist to an applicant who holds a valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States and who meets certain other requirements.
(NRS 640A.165, 640A.166) Section 2 of this bill authorizes the Board to issue a license by reciprocity as an occupational therapist or occupational therapy assistant to a person who 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 requirements.
If the person to whom a temporary license does not hold a license in another State and is not certified by the National Board for Certification in Occupational Therapy, existing law authorizes the person to practice occupational therapy under therapist.
If the person to whom a temporary license does not hold a license in another State and is not certified by the National Board for Certification in Occupational Therapy, existing law authorizes the person to practice occupational therapy under - 82nd Session (2023) – 2 – therapist.
Under section 3, a person to whom a provisional license is issued is authorized to practice occupational therapy under the temporary license only under the general supervision of a licensed occupational therapist.
Under section 3, a person to whom a provisional license is issued is authorized to practice occupational therapy under the temporary license only under the Existing law exempts a person enrolled in an educational program approved by the Board from the provisions of existing law governing occupational therapy under certain circumstances.
the Board from the provisions of existing law governing occupational therapy under certain circumstances.
(NRS 640A.180) Section 14 of this bill provides that such requirements may require a licensee to take and pass the Board.ation approved by the Board pursuant to section 10 at intervals set by the Existing law provides that the members of the Board serve without compensation while engaged in the business of the Board.
(NRS 640A.180) Section 14 of examination approved by the Board pursuant to section 10 at intervals set by thes the Board.
Existing law provides that the members of the Board serve without compensation while engaged in the business of the Board.
Existing law authorizes the Board to impose certain penalties against a licensee who commits certain violations of the provisions of existing law governing occupational therapy or who engages in certain other conduct.
Existing law authorizes the Board to impose certain penalties against a licensee who commits certain violations of the provisions of existing law governing Section 4 of this bill authorizes the Board to issue a citation to a licensee who commits certain specified violations of certain regulations adopted by the Board.
(NRS 640A.200) commits certain specified violations of certain regulations adopted by the Board.
- *AB343_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(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;
- 82nd Session (2023) – 3 – therapist or occupational therapy assistant, as applicable, in any state that is a member of the Occupational Therapy Licensure Compact;
(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 Occupational Therapy, or its successor organization, as ann equivalent requirement for certification;
(b) Has graduated from an educational program accredited by the American Occupational Therapy Association Inc., or itson of 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;
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.
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 occ4.
- *AB343_R1* – 4 – 4.
(b) Provide to the Board information relating to the supervision or employment of the licensee;
- 82nd Session (2023) – 4 – (b) Provide to the Board information relating to the supervision or employment of the licensee;
(e) Provide proof of continuing education;
(f) Provide to the Board information or documentation required to be maintained by the licensee.
or (f) Provide to the Board information or documentation required to be maintained by the licensee.
If the Board determines that good cause exists to waive the administrative fine, the Board may grant the request.
If the Board determines that good the request.
5.
to waive the administrative fine, the Board may grant 5.
640A.050 “Occupational therapy” means the use of evaluations, teachings and interventions to facilitate the activities of daily living of a client in groups or on an individual basis to enable - *AB343_R1* – 5 – the client to participate in and perform activities of daily living in various settings, including, without limitation, at home, at school, in the workplace and in the community.
640A.050 “Occupational therapy” means the use of evaluations, teachings and interventions to facilitate the activities of daily living of a client in groups or on an individual basis to enable the client to participate in and perform activities of daily living in various settings, including, without limitation, at home, at school, in the workplace and in the community.
Assisting a client in achieving the highest practicable physical, cognitive and psychosocial well-being to improve the physical and mental health of the client and the quality of life of the client;
Assisting a client in achieving the highest practicable physical, cognitive and psychosocial well-being to improve the - 82nd Session (2023) – 5 – physical and mental health of the client and the quality of life of the client;
Assisting a client in the development of cognitive and perceptual motor skills, and in the integration of sensory functions;
Assisting a client in the development of cognitive and per5.ptuAssisting a client in learning to play and to use his or her;
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5.
leisure time constructively;
Assisting a client in learning to play and to use his or her leisure time constructively;
640A.070 This chapter does not apply to a person:
1.0A.Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.
1.
Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.
or its successor organization, or a comparable - *AB343_R1* – 6 – foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.
or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.
[4.
- 82nd Session (2023) – 6 – [4.
[The members] Each member of the Board [serve without compensation, except that while engaged in the business of the Board, each member] is entitled to [the] receive:
[The members] Each member of the Board business of the Board, each member] is entitled to [the] receive:
and 2.
and satisfied the academic requirements of an educational program approved by the Board.
[Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board.
(a) If the application is for licensing as an occupational therapist, 24 weeks;
(a) If the application is for licensing as an occupational therapist, weeks;
or - *AB343_R1* – 7 – (b) If the application is for licensing as an occupational therapy assistant, 16 weeks, of supervised fieldwork experience approved by the Board.
or (b) If the application is for licensing as an occupational therapy assistant, 16 weeks, of supervised fieldwork experience approved by the Board.
The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association, Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.
The Board shall not approve any supervised experience unless the - 82nd Session (2023) – 7 – experience was sponsored by the American Occupational Therapy Association, Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.
4.
640A.170, pass an examination approved by the Board.] 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.
Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved by the Board.] 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.
and] on the laws and regulations governing the practice of occupational therapy in this State;
and] on the laws and regulations gov[(b)] 2.
and [(b)] 2.
Establish the requirements to pass [each] theate;
Establish the requirements to pass [each] the examination.
and examination.
A person who has satisfied the requirements of NRS 640A.140 may take the appropriate examination for licensing.] - *AB343_R1* – 8 – Sec.
A person who has satisfied the requirements of NRS 640A.140 may take the appropriate examination for licensing.] Sec.
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.
An applicant may submit to - 82nd Session (2023) – 8 – 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 Uni2.d SAn applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
2.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her 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.
Unless the Board denies the application for license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving the application.
- *AB343_R1* – 9 – (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;
(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;
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.
and - 82nd Session (2023) – 9 – (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.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
An applicant for a license by endorsement pursuant to this sec(a) Proof satisfactory to the Board that the applicant:on:
(a) Proof satisfactory to the Board that the applicant:
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.
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 req4.redA 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.
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.
- *AB343_R1* – 10 – Sec.
Sec.
(a) Is certified by the National Board for Certification in Occupational Therapy or its successor organization and] is licensed as an occupational therapist or occupational therapy assistant in good standing in another state .
- 82nd Session (2023) – 10 – (a) Is certified by the National Board for Certification in Occupational Therapy or its successor organization and] is licensed as an occupational therapist or occupational therapy assistant in good standing in another state .
or (b) Has not achieved the passing score on the examination approved pursuant to NRS 640A.150.
or approved pursuant to NRS 640A.150.
Except as otherwise provided in NRS 640A.170, and section 3 of this act, the period must be not less than 1 year.
Except as otherwise provided in NRS 640A.170, and section 3 of this act, the period must be not less than year.
3.
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.
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.
- *AB343_R1* – 11 – (a) The examination of an applicant for a license;
(a) The examination of an applicant for a license;
(b) The initial issuance of a license, including a license by endorsement;
- 82nd Session (2023) – 11 – (b) The initial issuance of a license, including a license by endorsement;
(e) The issuance of a license by reciprocity pursuant to section 2 of this act;
of this act;uance of a license by reciprocity pursuant to section (f) The renewal of a license;
(f) The renewal of a license;
6.
occupational therapy assistant pursuant to chapter 640A of NRS ;
A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS ;
A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 641D of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 641D.080;
A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 641D of NRS, while engaged in the - 82nd Session (2023) – 12 – practice of applied behavior analysis as defined in NRS 641D.080;
or - *AB343_R1* – 12 – 10.
or 10.
Any member of the clergy, if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.
Any member of the clergy, if such a person does not commit an act described in NRS 641Sec.
Sec.
A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS8.
8.
Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.
Such a student must be designated by the title “student of - 82nd Session (2023) – 13 – social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.
1.
2.
A physician who is licensed to practice in this State;
- *AB343_R1* – 13 – 2.
A family member, guardian or caregiver of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst;
A family member, guardian or caregiver of a recipient of directed by a behavior analyst or assistant behavior analyst;
and (b) On January 1, 2024, for all other purposes.
and - 82nd Session (2023) – 14 – (b) On January 1, 2024, for all other purposes.
- *AB343_R1* – 14 – TEXT OF REPEALED SECTIONS 640A.130 Waiver for completion of equivalent foreign education and experience.
~~~~~ 23 - 82nd Session (2023)
The Board may waive the requirements of subsections 2 and 3 of NRS 640A.120 for an applicant who:
foreign school;
andeducation in occupational therapy from a 2.
Proves to the satisfaction of the Board that his or her education and experience are substantially equivalent to the education and experience required by those subsections.
640A.160 Issuance of license without examination.
The Board may issue, without examination, a license as an occupational therapist or occupational therapy assistant to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of NRS Certification in Occupational Therapy or its successor organization.
H - *AB343_R1*
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 88.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. From committee: Do pass. Placed on Second Reading File. Read second time.

  7. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.

  9. Read second time. Amended. (Amend. No. 116.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 343?
AB 343 is sponsored by Miller, Brittney M. (Democratic).
What is the current status of AB 343?
This bill has been enacted into law. Introduced March 20, 2023. Enacted.
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