Bill > SB336

Introduced Session

Legislative Counsel's Digest: Existing law regulates the practice of veterinary medicine. (Chapter 638 of 1 NRS) For the purposes of the new provisions added by this bill, sections 2-7of this 2 bill define various new terms. Sections 2and 3of this bill define the terms animal 3 chiropractic and animal physical therapy, respectively. Sections 4-6of this bill 4 define the terms registered, registrant and registration to refer to registrations 5 to practice certain professions and occupations which require registration with the 6 Nevada State Board of Veterinary Medical Examiners pursuant to regulations 7 adopted by that Board. Section 7of this bill defines the term veterinary technician 8 in training. Section 8of this bill authorizes the Board to refuse to issue a 9 registration to an applicant if the applicant has committed an act which would be 10 grounds for disciplinary action. Section 9of this bill makes a conforming change to 11 indicate the placement of sections 2-6of this bill within the Nevada Revised 12 Statutes. 13 Section 10of this bill revises the persons and acts to which the provisions of 14 chapter 638 of NRS, governing veterinary medicine, apply. 15 Existing law requires all licensees and applicants for licenses to be given 16 service of process and notices by personal service, mail or publication in a 17 newspaper. (NRS 638.017) Section 11of this bill: (1) eliminates the option of 18 effecting such service or notice by publication; and (2) makes these provisions 19 applicable to registrants and applicants for registration. 20 Existing law: (1) prohibits a person from bringing or maintaining an action in 21 this State, or being awarded judgment, for the collection of compensation for 22 performing an act for which a license is required unless the person alleges and 23 proves that he or she was so licensed (NRS 638.019); (2) limits the payment of 24 salaries and expenses of members and employees of the Board to the extent that 25 sufficient money is received from licensees (NRS 638.040); (3) requires the Board 26 to adopt regulations providing for administrative fines if an applicant for a license 27 or the renewal of a license acts or fails to act in certain respects with regard to an 28 application (NRS 638.070); (4) requires the Board to keep certain records relating 29 to licensees and their licenses (NRS 638.087); (5) governs the confidentiality and 30 permissible disclosure of certain information regarding licensees and applicants for 31 licenses (NRS 638.089); (6) sets forth certain requirements for the issuance of a 32 license issued by the Board (NRS 638.103); (7) provides for a hearing on an 33 application for reinstatement of a license which has been limited, suspended or 34 revoked (638.129); (8) provides for the suspension of a license issued by the Board 35 pursuant to certain court orders relating to arrearages in the payment of child 36 support (NRS 638.1409); (9) authorizes the Board to investigate complaints against 37 licensees or applicants for a license (NRS 638.1413); (10) authorizes the Board to 38 order certain licensees to undergo certain examinations under certain circumstances 39 (NRS 638.142); (11) limits the circumstances under which the Board may refuse to 40 issue a license to an applicant or take disciplinary action against a licensee (NRS 41 638.145); (12) authorizes the Board to issue citations to, and impose administrative 42 fines against, licensees in certain circumstances (NRS 638.1471); (13) provides that 43 a certified copy of certain records constitutes conclusive evidence of a suspension, 44 limitation, modification, denial or revocation of certain licenses (NRS 638.1515); 45 (14) authorizes the Board to apply to a court to enjoin any unprofessional conduct 46 of certain licensees (NRS 638.1551); and (15) sets forth the requirements for a 47 person seeking to enjoin another person from acting as a veterinarian or veterinary 48 technician without a license (NRS 638.1555). Sections 12, 14-17, 20, 23, 31-33, 49 35, 37-41of this bill make these provisions applicable to certain registrations which 50 are issued by the Board. 51 Existing law requires each licensed veterinarian who is appointed to the Board 52 to make an oath that he or she is a graduate in veterinary medicine and legally 53 qualified to practice veterinary medicine, surgery, obstetrics and dentistry in this 54 State. (NRS 638.030) Section 12of this bill requires each veterinary technician 55 who is so appointed to make an oath that he or she is legally qualified to practice as 56 a veterinary technician in this State. 57 Existing law provides that it is unlawful for a person to practice veterinary 58 medicine, surgery, obstetrics or dentistry within this State without a license issued 59 by the Board. (NRS 638.090) Section 18of this bill makes it unlawful for a person 60 to practice in certain professions and occupations without the applicable 61 registration issued by the Board. 62 Section 19of this bill revises the requirements for an application for a license 63 to practice veterinary medicine, surgery, obstetrics or dentistry in this State. 64 (NRS 638.100) 65 Existing law requires a euthanasia technician to surrender his or her license to 66 the Board and notify the State Board of Pharmacy when the euthanasia technician 67 ceases to be employed by certain entities. (NRS 638.118) Section 21of this bill 68 requires the euthanasia technician to surrender his or her license and notify the 69 State Board of Pharmacy not later than 15 days after the date on which the 70 euthanasia technician ceases to be employed by the entity. 71 Existing law sets forth the requirements for the annual renewal of a license 72 issued by the Nevada State Board of Veterinary Medical Examiners. (NRS 73 638.127) Section 22of this bill: (1) provides for biennial renewals; (2) revises the 74 requirements for renewal; and (3) makes the requirements applicable to certain 75 registrations issued by the Board. 76 Existing law requires every veterinarian or veterinary technician to report to the 77 Board any claim for malpractice or negligence filed against him or her and its 78 disposition within 90 days after the claim is filed and after its disposition. (NRS 79 638.133) Section 24of this bill: (1) requires a finding of malpractice or negligence 80 to be reported to the Board not later than 60 days after the finding is made; and (2) 81 makes this requirement applicable to certain registrants. 82 Existing law requires certain vaccinations for zoonotic diseases to be 83 administered by a licensed veterinarian or under the direct supervision of a licensed 84 veterinarian. (NRS 638.134) Section 25of this bill requires such vaccinations to be 85 administered by a licensed veterinarian or a veterinary technician under the direct 86 supervision of a licensed veterinarian. 87 Sections 26-30of this bill revise the acts which constitute grounds for 88 disciplinary action by the Board. (NRS 638.140-638.1408) 89 Existing law sets forth certain requirements governing the Board s investigation 90 and disposition of a complaint. (NRS 638.1429) Section 34of this bill revises these 91 requirements and makes them expressly applicable to complaints against a 92 registrant. 93 Existing law sets forth the actions which the Board is authorized to take against 94 a licensee or applicant for a license who has committed an act which is grounds for 95 disciplinary action. (NRS 638.147) Section 36of this bill: (1) makes these 96 provisions applicable to certain registrants and applicants for registration; (2) 97 authorizes the Board to refuse to renew the license or registration of an applicant 98 who has failed to comply with one or more terms of an order of the Board imposing 99 discipline; and (3) authorizes the Board to adopt regulations which provide for the 100 Board to issue nondisciplinary letters of correction for certain violations. 101 Existing law: (1) makes it unlawful to violate the provisions of chapter 638 of 102 NRS or practice veterinary medicine or practice as a veterinary technician without a 103 license; and (2) sets forth the criminal penalties for such violations. (NRS 638.170) 104 Section 42of this bill: (1) makes it unlawful for a person to practice any profession 105 or occupation for which registration is required without the person having such 106 registration; (2) makes it unlawful for a person to practice beyond the scope of his 107 or her license or registration; and (3) sets forth criminal penalties for those 108 violations. 109 Section 43of this bill repeals provisions: (1) providing for the physical 110 examination of an animal which is the subject of a complaint about the care given 111 to the animal; and (2) governing the summary suspension of a license of a 112 veterinarian or veterinary technician under certain circumstances. 113 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 638 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2to 8, inclusive, of this 2 act. 3 Sec. 2. Animal chiropractic means the examination and 4 treatment of an animal through the manipulation and adjustment 5 of specific joints and cranial sutures of the animal. 6 Sec. 3. Animal physical therapy means the rehabilitation 7 of injuries in an animal through the use of the following 8 techniques, but does not include animal chiropractic: 9 1. Stretching; 10 2. Massage therapy; 11 3. Rehabilitative exercise; 12 4. Hydrotherapy; 13 5. Application of heat or cold; and 14 6. Stimulation by the use of: 15 (a) Low-level lasers; 16 (b) Electrical sources; 17 (c) Magnetic fields; or 18 (d) Noninvasive therapeutic ultrasound. 19 Sec. 4. Registered means holding a registration. 20

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Ben Kieckhefer (R)*, 

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

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