REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 248
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ASSEMBLY BILL NO. 248–ASSEMBLYMEMBER MARZOLA
FEBRUARY 18, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Ratifies the Physical Therapy Licensure Compact.
(BDR 54-566)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to physical therapy; enacting and entering into the
Physical Therapy Licensure Compact; authorizing the
sharing of certain information with the data system
created pursuant to the Compact; providing a person
practicing as a physical therapist or physical therapist
assistant under the Compact with the same legal status as
a person practicing as a physical therapist or physical
therapist assistant under a license issued by the Nevada
Physical Therapy Board; revising certain terminology
relating to physical therapists; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of physical therapists and 1
physical therapist assistants in this State by the Nevada Physical Therapy Board. 2
(Chapter 640 of NRS) Section 1 of this bill enacts the Physical Therapy Licensure 3
Compact, which allows a person who is licensed as a physical therapist or physical 4
therapist assistant in a state that is a member of the Compact to practice as a 5
physical therapist or physical therapist assistant in other states that are members of 6
the Compact. In order to practice as a physical therapist or physical therapist 7
assistant under the Compact, the Compact requires a physical therapist or physical 8
therapist assistant to: (1) hold a license in his or her home state; (2) have no 9
encumbrances on his or her license; (3) meet certain other requirements for 10
eligibility; (4) have had no adverse actions taken against any license or authority to 11
practice under the Compact within the previous 2 years; (5) notify the Physical 12
Therapy Compact Commission that he or she is seeking to practice under the 13
Compact in another state; (6) pay any applicable fees; (7) meet any requirements in 14
the state in which he or she seeks to practice under the Compact; and (8) report any 15
adverse action taken against him or her by a non-member state within 30 days after 16
the date the adverse action is taken. The Compact authorizes a member state to take 17
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adverse action against a physical therapist or physical therapist assistant practicing 18
in the member state under the Compact. 19
The Compact requires member states to create and establish a joint public 20
agency called the Physical Therapy Compact Commission. The Commission is 21
required to, among other things: (1) establish bylaws; (2) make rules that facilitate 22
and coordinate the implementation and administration of the Compact; (3) hold 23
meetings, which may be closed under certain conditions; and (4) resolve disputes 24
related to the Compact among states that are members of the Compact. The 25
Commission is additionally authorized to levy and collect an annual assessment 26
from each state that is a member of the Compact. 27
The Compact also requires the Commission to provide for the development, 28
maintenance and utilization of a data system to facilitate the sharing of information 29
among member states. Section 2 of this bill, in general, authorizes the Nevada 30
Physical Therapy Board to disclose information to the data system when required 31
by the Compact. Section 9 of this bill provides for the confidentiality of certain 32
information disclosed through the data system. 33
Section 4 of this bill deems practicing as a physical therapist or physical 34
therapist assistant under the Compact to be equivalent to practicing under a license 35
issued by the Nevada Physical Therapy Board, thereby providing such persons with 36
the same authority, duties and legal protections as a licensee. Section 2 of this bill 37
requires a physical therapist practicing under the Compact to display proof that he 38
or she is authorized to practice under the Compact in the same manner as a licensed 39
physical therapist is required to display his or her license. Sections 5-8 and 10-14 40
of this bill replace the term “registered physical therapist” with the term “licensed 41
physical therapist” to reflect current terminology used in existing law governing the 42
practice of physical therapy and this bill. 43
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 640 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
The Physical Therapy Licensure Compact is hereby ratified 3
and entered into with all other jurisdictions legally joining the 4
Compact, in substantially the form set forth in this section: 5
6
PHYSICAL THERAPY LICENSURE COMPACT 7
8
SECTION 1. PURPOSE 9
10
The purpose of this Compact is to facilitate interstate practice 11
of physical therapy with the goal of improving public access to 12
physical therapy services. The practice of physical therapy occurs 13
in the state where the patient/client is located at the time of the 14
patient/client encounter. The Compact preserves the regulatory 15
authority of states to protect public health and safety through the 16
current system of state licensure. 17
This Compact is designed to achieve the following objectives: 18
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1. Increase public access to physical therapy services by 1
providing for the mutual recognition of other member state 2
licenses; 3
2. Enhance the states’ ability to protect the public’s health 4
and safety; 5
3. Encourage the cooperation of member states in regulating 6
multi-state physical therapy practice; 7
4. Support spouses of relocating military members; 8
5. Enhance the exchange of licensure, investigative, and 9
disciplinary information between member states; and 10
6. Allow a remote state to hold a provider of services with a 11
compact privilege in that state accountable to that state’s practice 12
standards. 13
14
SECTION 2. DEFINITIONS 15
16
As used in this Compact, and except as otherwise provided, the 17
following definitions shall apply: 18
1. “Active Duty Military” means full-time duty status in the 19
active uniformed service of the United States, including members 20
of the National Guard and Reserve on active duty orders pursuant 21
to 10 U.S.C. Chapters 1209 and 1211. 22
2. “Adverse Action” means disciplinary action taken by a 23
physical therapy licensing board based upon misconduct, 24
unacceptable performance, or a combination of both. 25
3. “Alternative Program” means a non -disciplinary 26
monitoring or practice remediation process approved by a physical 27
therapy licensing board. This includes, but is not limited to, 28
substance abuse issues. 29
4. “Compact privilege” means the authorization granted by a 30
remote state to allow a licensee from another member state to 31
practice as a physical therapist or work as a physical therapist 32
assistant in the remote state under its laws and rules. The practice 33
of physical therapy occurs in the member state where the 34
patient/client is located at the time of the patient/client encounter. 35
5. “Continuing competence” means a requirement, as a 36
condition of license renewal, to provide evidence of participation 37
in, and/or completion of, educational and professional activities 38
relevant to practice or area of work. 39
6. “Data system” means a repository of information about 40
licensees, including examination, licensure, investigative, compact 41
privilege, and adverse action. 42
7. “Encumbered license” means a license that a physical 43
therapy licensing board has limited in any way. 44
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8. “Executive Board” means a group of directors elected or 1
appointed to act on behalf of, and within the powers granted to 2
them by, the Commission. 3
9. “Home state” means the member state that is the licensee’s 4
primary state of residence. 5
10. “Investigative information” means information, records, 6
and documents received or generated by a physical therapy 7
licensing board pursuant to an investigation. 8
11. “Jurisprudence Requirement” means the assessment of 9
an individual’s knowledge of the laws and rules governing the 10
practice of physical therapy in a state. 11
12. “Licensee” means an individual who currently holds an 12
authorization from the state to practice as a physical therapist or 13
to work as a physical therapist assistant. 14
13. “Member state” means a state that has enacted the 15
Compact. 16
14. “Party state” means any member state in which a licensee 17
holds a current license or compact privilege or is applying for a 18
license or compact privilege. 19
15. “Physical therapist” means an individual who is licensed 20
by a state to practice physical therapy. 21
16. “Physical therapist assistant” means an individual who is 22
licensed/certified by a state and who assists the physical therapist 23
in selected components of physical therapy. 24
17. “Physical therapy,” “physical therapy practice,” and “the 25
practice of physical therapy” mean the care and services provided 26
by or under the direction and supervision of a licensed physical 27
therapist. 28
18. “Physical Therapy Compact Commission” or 29
“Commission” means the national administrative body whose 30
membership consists of all states that have enacted the Compact. 31
19. “Physical therapy licensing board” or “licensing board” 32
means the agency of a state that is responsible for the licensing 33
and regulation of physical therapists and physical therapist 34
assistants. 35
20. “Remote State” means a member state other than the 36
home state, where a licensee is exercising or seeking to exercise 37
the compact privilege. 38
21. “Rule” means a regulation, principle, or directive 39
promulgated by the Commission that has the force of law. 40
22. “State” means any state, commonwealth, district, or 41
territory of the United States of America that regulates the practice 42
of physical therapy. 43
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SECTION 3. STATE PARTICIPATION IN THE COMPACT 1
2
A. To participate in the Compact, a state must: 3
1. Participate fully in the Commission’s data system, 4
including using the Commission’s unique identifier as defined in 5
rules; 6
2. Have a mechanism in place for receiving and 7
investigating complaints about licensees; 8
3. Notify the Commission, in compliance with the terms of 9
the Compact and rules, of any adverse action or the availability of 10
investigative information regarding a licensee; 11
4. Fully implement a criminal background check 12
requirement, within a time frame established by rule, by receiving 13
the results of the Federal Bureau of Investigation record search 14
on criminal background checks and use the results in making 15
licensure decisions in accordance with Section 3.B.; 16
5. Comply with the rules of the Commission; 17
6. Utilize a recognized national examination as a 18
requirement for licensure pursuant to the rules of the 19
Commission; and 20
7. Have continuing competence requirements as a 21
condition for license renewal. 22
B. Upon adoption of this statute, the member state shall have 23
the authority to obtain biometric-based information from each 24
physical therapy licensure applicant and submit this information 25
to the Federal Bureau of Investigation for a criminal background 26
check in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316. 27
C. A member state shall grant the compact privilege to a 28
licensee holding a valid unencumbered license in another member 29
state in accordance with the terms of the Compact and rules. 30
D. Member states may charge a fee for granting a compact 31
privilege. 32
33
SECTION 4. COMPACT PRIVILEGE 34
35
A. To exercise the compact privilege under the terms and 36
provisions of the Compact, the licensee shall: 37
1. Hold a license in the home state; 38
2. Have no encumbrance on any state license; 39
3. Be eligible for a compact privilege in any member state 40
in accordance with Section 4D, G and H; 41
4. Have not had any adverse action against any license or 42
compact privilege within the previous 2 years; 43
5. Notify the Commission that the licensee is seeking the 44
compact privilege within a remote state(s); 45
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6. Pay any applicable fees, including any state fee, for the 1
compact privilege; 2
7. Meet any jurisprudence requirements established by the 3
remote state(s) in which the licensee is seeking a compact 4
privilege; and 5
8. Report to the Commission adverse action taken by any 6
non-member state within 30 days from the date the adverse action 7
is taken. 8
B. The compact privilege is valid until the expiration date of 9
the home license. The licensee must comply with the requirements 10
of Section 4.A. to maintain the compact privilege in the remote 11
state. 12
C. A licensee providing physical therapy in a remote state 13
under the compact privilege shall function within the laws and 14
regulations of the remote state. 15
D. A licensee providing physical therapy in a remote state is 16
subject to that state’s regulatory authority. A remote state may, in 17
accordance with due process and that state’s laws, remove a 18
licensee’s compact privilege in the remote state for a specific 19
period of time, impose fines, and/or take any other necessary 20
actions to protect the health and safety of its citizens. The licensee 21
is not eligible for a compact privilege in any state until the specific 22
time for removal has passed and all fines are paid. 23
E. If a home state license is encumbered, the licensee shall 24
lose the compact privilege in any remote state until the following 25
occur: 26
1. The home state license is no longer encumbered; and 27
2. Two years have elapsed from the date of the adverse 28
action. 29
F. Once an encumbered license in the home state is restored 30
to good standing, the licensee must meet the requirements of 31
Section 4A to obtain a compact privilege in any remote state. 32
G. If a licensee’s compact privilege in any remote state is 33
removed, the individual shall lose the compact privilege in any 34
remote state until the following occur: 35
1. The specific period of time for which the compact 36
privilege was removed has ended; 37
2. All fines have been paid; and 38
3. Two years have elapsed from the date of the adverse 39
action. 40
H. Once the requirements of Section 4G have been met, the 41
license must meet the requirements in Section 4A to obtain a 42
compact privilege in a remote state. 43
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SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR 1
THEIR SPOUSES 2
3
A licensee who is active duty military or is the spouse of an 4
individual who is active duty military may designate one of the 5
following as the home state: 6
A. Home of record; 7
B. Permanent Change of Station (PCS); or 8
C. State of current residence if it is different than the PCS 9
state or home of record. 10
11
SECTION 6. ADVERSE ACTIONS 12
13
A. A home state shall have exclusive power to impose adverse 14
action against a license issued by the home state. 15
B. A home state may take adverse action based on the 16
investigative information of a remote state, so long as the home 17
state follows its own procedures for imposing adverse action. 18
C. Nothing in this Compact shall override a member state’s 19
decision that participation in an alternative program may be used 20
in lieu of adverse action and that such participation shall remain 21
non-public if required by the member state’s laws. Member states 22
must require licensees who enter any alternative programs in lieu 23
of discipline to agree not to practice in any other member state 24
during the term of the alternative program without prior 25
authorization from such other member state. 26
D. Any member state may investigate actual or alleged 27
violations of the statutes and rules authorizing the practice of 28
physical therapy in any other member state in which a physical 29
therapist or physical therapist assistant holds a license or compact 30
privilege. 31
E. A remote state shall have the authority to: 32
1. Take adverse actions as set forth in Section 4.D. against 33
a licensee’s compact privilege in the state; 34
2. Issue subpoenas for both hearings and investigations 35
that require the attendance and testimony of witnesses, and the 36
production of evidence. Subpoenas issued by a physical therapy 37
licensing board in a party state for the attendance and testimony 38
of witnesses, and/or the production of evidence from another party 39
state, shall be enforced in the latter state by any court of 40
competent jurisdiction, according to the practice and procedure of 41
that court applicable to subpoenas issued in proceedings pending 42
before it. The issuing authority shall pay any witness fees, travel 43
expenses, mileage, and other fees required by the service statutes 44
of the state where the witnesses and/or evidence are located; and 45
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3. If otherwise permitted by state law, recover from the 1
licensee the costs of investigations and disposition of cases 2
resulting from any adverse action taken against that licensee. 3
F. Joint Investigations 4
1. In addition to the authority granted to a member state by 5
its respective physical therapy practice act or other applicable state 6
law, a member state may participate with other member states in 7
joint investigations of licensees. 8
2. Member states shall share any investigative, litigation, or 9
compliance materials in furtherance of any joint or individual 10
investigation initiated under the Compact. 11
12
SECTION 7. ESTABLISHMENT OF THE PHYSICAL 13
THERAPY COMPACT COMMISSION 14
15
A. The Compact member states hereby create and establish a 16
joint public agency known as the Physical Therapy Compact 17
Commission: 18
1. The Commission is an instrumentality of the Compact 19
states. 20
2. Venue is proper and judicial proceedings by or against 21
the Commission shall be brought solely and exclusively in a court 22
of competent jurisdiction where the principal office of the 23
Commission is located. The Commission may waive venue and 24
jurisdictional defenses to the extent it adopts or consents to 25
participate in alternative dispute resolution proceedings. 26
3. Nothing in this Compact shall be construed to be a 27
waiver of sovereign immunity. 28
B. Membership, Voting, and Meetings 29
1. Each member state shall have and be limited to one (1) 30
delegate selected by that member state’s licensing board. 31
2. The delegate shall be a current member of the licensing 32
board, who is a physical therapist, physical therapist assistant, 33
public member, or the board administrator. 34
3. Any delegate may be removed or suspended from office 35
as provided by the law of the state from which the delegate is 36
appointed. 37
4. The member state board shall fill any vacancy occurring 38
in the Commission. 39
5. Each delegate shall be entitled to one (1) vote with 40
regard to the promulgation of rules and creation of bylaws and 41
shall otherwise have an opportunity to participate in the business 42
and affairs of the Commission. 43
6. A delegate shall vote in person or by such other means as 44
provided in the bylaws. The bylaws may provide for delegates’ 45
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participation in meetings by telephone or other means of 1
communication. 2
7. The Commission shall meet at least once during each 3
calendar year. Additional meetings shall be held as set forth in the 4
bylaws. 5
C. The Commission shall have the following powers and 6
duties: 7
1. Establish the fiscal year of the Commission; 8
2. Establish bylaws; 9
3. Maintain its financial records in accordance with the 10
bylaws; 11
4. Meet and take such actions as are consistent with the 12
provisions of this Compact and the bylaws; 13
5. Promulgate uniform rules to facilitate and coordinate 14
implementation and administration of this Compact. The rules 15
shall have the force and effect of law and shall be binding in all 16
member states; 17
6. Bring and prosecute legal proceedings or actions in the 18
name of the Commission, provided that the standing of any state 19
physical therapy licensing board to sue or be sued under 20
applicable law shall not be affected; 21
7. Purchase and maintain insurance and bonds; 22
8. Borrow, accept, or contract for services of personnel, 23
including, but not limited to, employees of a member state; 24
9. Hire employees, elect or appoint officers, fix 25
compensation, define duties, grant such individuals appropriate 26
authority to carry out the purposes of the Compact, and to 27
establish the Commission’s personnel policies and programs 28
relating to conflicts of interest, qualifications of personnel, and 29
other related personnel matters; 30
10. Accept any and all appropriate donations and grants of 31
money, equipment, supplies, materials and services, and to receive, 32
utilize and dispose of the same; provided that at all times the 33
Commission shall avoid any appearance of impropriety and/or 34
conflict of interest; 35
11. Lease, purchase, accept appropriate gifts or donations 36
of, or otherwise to own, hold, improve or use, any property, real, 37
personal or mixed; provided that at all times the Commission shall 38
avoid any appearance of impropriety; 39
12. Sell convey, mortgage, pledge, lease, exchange, 40
abandon, or otherwise dispose of any property real, personal, or 41
mixed; 42
13. Establish a budget and make expenditures; 43
14. Borrow money; 44
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15. Appoint committees, including standing committees 1
composed of members, state regulators, state legislators or their 2
representatives, and consumer representatives, and such other 3
interested persons as may be designated in this Compact and the 4
bylaws; 5
16. Provide and receive information from, and cooperate 6
with, law enforcement agencies; 7
17. Establish and elect an Executive Board; and 8
18. Perform such other functions as may be necessary or 9
appropriate to achieve the purposes of this Compact consistent 10
with the state regulation of physical therapy licensure and 11
practice. 12
D. The Executive Board 13
The Executive Board shall have the power to act on behalf of 14
the Commission according to the terms of this Compact. 15
1. The Executive Board shall be composed of nine 16
members: 17
a. Seven voting members who are elected by the 18
Commission from the current membership of the Commission; 19
b. One ex-officio, nonvoting member from the 20
recognized national physical therapy professional association; and 21
c. One ex-officio, nonvoting member from the 22
recognized membership organization of the physical therapy 23
licensing boards. 24
2. The ex-officio members will be selected by their 25
respective organizations. 26
3. The Commission may remove any member of the 27
Executive Board as provided in bylaws. 28
4. The Executive Board shall meet at least annually. 29
5. The Executive Board shall have the following Duties and 30
responsibilities: 31
a. Recommend to the entire Commission changes to the 32
rules or bylaws, changes to this Compact legislation, fees paid by 33
Compact member states such as annual dues, and any commission 34
Compact fee charged to licensees for the compact privilege; 35
b. Ensure Compact administration services are 36
appropriately provided, contractual or otherwise; 37
c. Prepare and recommend the budget; 38
d. Maintain financial records on behalf of the 39
Commission; 40
e. Monitor Compact compliance of member states and 41
provide compliance reports to the Commission; 42
f. Establish additional committees as necessary; and 43
g. Other duties as provided in rules or bylaws. 44
E. Meetings of the Commission 45
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1. All meetings shall be open to the public, and public 1
notice of meetings shall be given in the same manner as required 2
under the rulemaking provisions in Section 9. 3
2. The Commission or the Executive Board or other 4
committees of the Commission may convene in a closed, non-5
public meeting if the Commission or Executive Board or other 6
committees of the Commission must discuss: 7
a. Non-compliance of a member state with its 8
obligations under the Compact; 9
b. The employment, compensation, discipline or other 10
matters, practices or procedures related to specific employees or 11
other matters related to the Commission’s internal personnel 12
practices and procedures; 13
c. Current, threatened, or reasonably anticipated 14
litigation; 15
d. Negotiation of contracts for the purchase, lease, or 16
sale of goods, services, or real estate; 17
e. Accusing any person of a crime or formally censuring 18
any person; 19
f. Disclosure of trade secrets or commercial or financial 20
information that is privileged or confidential; 21
g. Disclosure of information of a personal nature where 22
disclosure would constitute a clearly unwarranted invasion of 23
personal privacy; 24
h. Disclosure of investigative records compiled for law 25
enforcement purposes; 26
i. Disclosure of information related to any investigative 27
reports prepared by or on behalf of or for use of the Commission 28
or other committee charged with responsibility of investigation or 29
determination of compliance issues pursuant to the Compact; or 30
j. Matters specifically exempted from disclosure by 31
federal or member state statute. 32
3. If a meeting, or portion of a meeting, is closed pursuant 33
to this provision, the Commission’s legal counsel or designee shall 34
certify that the meeting may be closed and shall reference each 35
relevant exempting provision. 36
4. The Commission shall keep minutes that fully and 37
clearly describe all matters discussed in a meeting and shall 38
provide a full and accurate summary of actions taken, and the 39
reasons therefore, including a description of the views expressed. 40
All documents considered in connection with an action shall be 41
identified in such minutes. All minutes and documents of a closed 42
meeting shall remain under seal, subject to release by a majority 43
vote of the Commission or order of a court of competent 44
jurisdiction. 45
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F. Financing of the Commission 1
1. The Commission shall pay, or provide for the payment 2
of, the reasonable expenses of its establishment, organization, and 3
ongoing activities. 4
2. The Commission may accept any and all appropriate 5
revenue sources, donations, and grants of money, equipment, 6
supplies, materials, and services. 7
3. The Commission may levy on and collect an annual 8
assessment from each member state or impose fees on other 9
parties to cover the cost of the operations and activities of the 10
Commission and its staff, which must be in a total amount 11
sufficient to cover its annual budget as approved each year for 12
which revenue is not provided by other sources. The aggregate 13
annual assessment amount shall be allocated based upon a 14
formula to be determined by the Commission, which shall 15
promulgate a rule binding upon all member states. 16
4. The Commission shall not incur obligations of any kind 17
prior to securing the funds adequate to meet the same; nor shall 18
the Commission pledge the credit of any of the member states, 19
except by and with the authority of the member state. 20
5. The Commission shall keep accurate accounts of all 21
receipts and disbursements. The receipts and disbursements of the 22
Commission shall be subject to the audit and accounting 23
procedures established under its bylaws. However, all receipts and 24
disbursements of funds handled by the Commission shall be 25
audited yearly by a certified or licensed public accountant, and the 26
report of the audit shall be included in and become part of the 27
annual report of the Commission. 28
G. Qualified Immunity, Defense, and Indemnification 29
1. The members, officers, executive director, employees and 30
representatives of the Commission shall be immune from suit and 31
liability, either personally or in their official capacity, for any 32
claim for damage to or loss of property or personal injury or other 33
civil liability caused by or arising out of any actual or alleged act, 34
error or omission that occurred, or that the person against whom 35
the claim is made had a reasonable basis for believing occurred 36
within the scope of Commission employment, duties or 37
responsibilities; provided that nothing in this paragraph shall be 38
construed to protect any such person from suit and/or liability for 39
any damage, loss, injury, or liability caused by the intentional or 40
willful or wanton misconduct of that person. 41
2. The Commission shall defend any member, officer, 42
executive director, employee or representative of the Commission 43
in any civil action seeking to impose liability arising out of any 44
actual or alleged act, error, or omission that occurred within the 45
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scope of Commission employment, duties, or responsibilities, or 1
that the person against whom the claim is made had a reasonable 2
basis for believing occurred within the scope of Commission 3
employment, duties, or responsibilities; provided that nothing 4
herein shall be construed to prohibit that person from retaining 5
his or her own counsel; and provided further, that the actual or 6
alleged act, error, or omission did not result from that person’s 7
intentional or willful or wanton misconduct. 8
3. The Commission shall indemnify and hold harmless any 9
member, officer, executive director, employee, or representative of 10
the Commission for the amount of any settlement or judgment 11
obtained against that person arising out of any actual or alleged 12
act, error or omission that occurred within the scope of 13
Commission employment, duties, or responsibilities, or that such 14
person had a reasonable basis for believing occurred within the 15
scope of Commission employment, duties, or responsibilities, 16
provided that the actual or alleged act, error, or omission did not 17
result from the intentional or willful or wanton misconduct of that 18
person. 19
20
SECTION 8. DATA SYSTEM 21
22
A. The Commission shall provide for the development, 23
maintenance, and utilization of a coordinated database and 24
reporting system containing licensure, adverse action, and 25
investigative information on all licensed individuals in member 26
states. 27
B. Notwithstanding any other provision of state law to the 28
contrary a member state shall submit a uniform data set to the 29
data system on all individuals to whom this Compact is applicable 30
as required by the rules of the Commission, including: 31
1. Identifying information; 32
2. Licensure data; 33
3. Adverse actions against a license or compact privilege; 34
4. Non-confidential information related to alternative 35
program participation; 36
5. Any denial of application for licensure, and the reason(s) 37
for such denial; and 38
6. Other information that may facilitate the administration 39
of this Compact, as determined by the rules of the Commission. 40
C. Investigative information pertaining to a licensee in any 41
member state will only be available to other party states. 42
D. The Commission shall promptly notify all member states 43
of any adverse action taken against a licensee or an individual 44
applying for a license. Adverse action information pertaining to a 45
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licensee in any member state will be available to any other 1
member state. 2
E. Member states contributing information to the data system 3
may designate information that may not be shared with the public 4
without the express permission of the contributing state. 5
F. Any information submitted to the data system that is 6
subsequently required to be expunged by the laws of the member 7
state contributing the information shall be removed from the data 8
system. 9
10
SECTION 9. RULEMAKING 11
12
A. The Commission shall exercise its rulemaking powers 13
pursuant to the criteria set forth in this Section and the rules 14
adopted thereunder. Rules and amendments shall become binding 15
as of the date specified in each rule or amendment. 16
B. If a majority of the legislatures of the member states 17
rejects a rule, by enactment of a statute or resolution in the same 18
manner used to adopt the Compact within 4 years of the date of 19
adoption of the rule, then such rule shall have no further force 20
and effect in any member state. 21
C. Rules or amendments to the rules shall be adopted at a 22
regular or special meeting of the Commission. 23
D. Prior to promulgation and adoption of a final rule or rules 24
by the Commission, and at least thirty (30) days in advance of the 25
meeting at which the rule will be considered and voted upon, the 26
Commission shall file a Notice of Proposed Rulemaking: 27
1. On the website of the Commission or other publicly 28
accessible platform; and 29
2. On the website of each member state physical therapy 30
licensing board or other publicly accessible platform or the 31
publication in which each state would otherwise publish proposed 32
rules. 33
E. The Notice of Proposed Rulemaking shall include: 34
1. The proposed time, date, and location of the meeting in 35
which the rule will be considered and voted upon; 36
2. The text of the proposed rule or amendment and the 37
reason for the proposed rule; 38
3. A request for comments on the proposed rule from any 39
interested person; and 40
4. The manner in which interested persons may submit 41
notice to the Commission of their intention to attend the public 42
hearing and any written comments. 43
– 15 –
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F. Prior to adoption of a proposed rule, the Commission shall 1
allow persons to submit written data, facts, opinions, and 2
arguments, which shall be made available to the public. 3
G. The Commission shall grant an opportunity for a public 4
hearing before it adopts a rule or amendment if a hearing is 5
requested by: 6
1. At least twenty-five (25) persons; 7
2. A state or federal governmental subdivision or agency; 8
or 9
3. An association having at least twenty-five (25) members. 10
H. If a hearing is held on the proposed rule or amendment, 11
the Commission shall publish the place, time, and date of the 12
scheduled public hearing. If the hearing is held via electronic 13
means, the Commission shall publish the mechanism for access to 14
the electronic hearing. 15
1. All persons wishing to be heard at the hearing shall 16
notify the executive director of the Commission or other 17
designated member in writing of their desire to appear and testify 18
at the hearing not less than five (5) business days before the 19
scheduled date of the hearing. 20
2. Hearings shall be conducted in a manner providing each 21
person who wishes to comment a fair and reasonable opportunity 22
to comment orally or in writing. 23
3. All hearings will be recorded. A copy of the recording 24
will be made available on request. 25
4. Nothing in this section shall be construed as requiring a 26
separate hearing on each rule. Rules may be grouped for the 27
convenience of the Commission at hearings required by this 28
section. 29
I. Following the scheduled hearing date, or by the close of 30
business on the scheduled hearing date if the hearing was not 31
held, the Commission shall consider all written and oral comments 32
received. 33
J. If no written notice of intent to attend the public hearing 34
by interested parties is received, the Commission may proceed with 35
promulgation of the proposed rule without a public hearing. 36
K. The Commission shall, by majority vote of all members, 37
take final action on the proposed rule and shall determine the 38
effective date of the rule, if any, based on the rulemaking record 39
and the full text of the rule. 40
L. Upon determination that an emergency exists, the 41
Commission may consider and adopt an emergency rule without 42
prior notice, opportunity for comment, or hearing, provided that 43
the usual rulemaking procedures provided in the Compact and in 44
this section shall be retroactively applied to the rule as soon as 45
– 16 –
- *AB248*
reasonably possible, in no event later than ninety (90) days after 1
the effective date of the rule. For the purposes of this provision, an 2
emergency rule is one that must be adopted immediately in order 3
to: 4
1. Meet an imminent threat to public health, safety, or 5
welfare; 6
2. Prevent a loss of Commission or member state funds; 7
3. Meet a deadline for the promulgation of an 8
administrative rule that is established by federal law or rule; or 9
4. Protect public health and safety. 10
M. The Commission or an authorized committee of the 11
Commission may direct revisions to a previously adopted rule or 12
amendment for purposes of correcting typographical errors, errors 13
in format, errors in consistency, or grammatical errors. Public 14
notice of any revisions shall be posted on the website of the 15
Commission. The revision shall be subject to challenge by any 16
person for a period of thirty (30) days after posting. The revision 17
may be challenged only on grounds that the revision results in a 18
material change to a rule. A challenge shall be made in writing, 19
and delivered to the chair of the Commission prior to the end of 20
the notice period. If no challenge is made, the revision will take 21
effect without further action. If the revision is challenged, the 22
revision may not take effect without the approval of the 23
Commission. 24
25
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, 26
AND ENFORCEMENT 27
28
A. Oversight 29
1. The executive, legislative, and judicial branches of state 30
government in each member state shall enforce this Compact and 31
take all actions necessary and appropriate to effectuate the 32
Compact’s purposes and intent. The provisions of this Compact 33
and the rules promulgated hereunder shall have standing as 34
statutory law. 35
2. All courts shall take judicial notice of the Compact and 36
the rules in any judicial or administrative proceeding in a member 37
state pertaining to the subject matter of this Compact which may 38
affect the powers, responsibilities or actions of the Commission. 39
3. The Commission shall be entitled to receive service of 40
process in any such proceeding, and shall have standing to 41
intervene in such a proceeding for all purposes. Failure to provide 42
service of process to the Commission shall render a judgment or 43
order void as to the Commission, this Compact, or promulgated 44
rules. 45
– 17 –
- *AB248*
B. Default, Technical Assistance, and Termination 1
1. If the Commission determines that a member state has 2
defaulted in the performance of its obligations or responsibilities 3
under this Compact or the promulgated rules, the Commission 4
shall: 5
a. Provide written notice to the defaulting state and 6
other member states of the nature of the default, the proposed 7
means of curing the default and/or any other action to be taken by 8
the Commission; and 9
b. Provide remedial training and specific technical 10
assistance regarding the default. 11
2. If a state in default fails to cure the default, the 12
defaulting state may be terminated from the Compact upon an 13
affirmative vote of a majority of the member states, and all rights, 14
privileges and benefits conferred by this Compact may be 15
terminated on the effective date of termination. A cure of the 16
default does not relieve the offending state of obligations or 17
liabilities incurred during the period of default. 18
3. Termination of membership in the Compact shall be 19
imposed only after all other means of securing compliance have 20
been exhausted. Notice of intent to suspend or terminate shall be 21
given by the Commission to the governor, the majority and 22
minority leaders of the defaulting state’s legislature, and each of 23
the member states. 24
4. A state that has been terminated is responsible for all 25
assessments, obligations, and liabilities incurred through the 26
effective date of termination, including obligations that extend 27
beyond the effective date of termination. 28
5. The Commission shall not bear any costs related to a 29
state that is found to be in default or that has been terminated 30
from the Compact, unless agreed upon in writing between the 31
Commission and the defaulting state. 32
6. The defaulting state may appeal the action of the 33
Commission by petitioning the U.S. District Court for the District 34
of Columbia or the federal district where the Commission has its 35
principal offices. The prevailing member shall be awarded all 36
costs of such litigation, including reasonable attorney’s fees. 37
C. Dispute Resolution 38
1. Upon request by a member state, the Commission shall 39
attempt to resolve disputes related to the Compact that arise 40
among member states and between member and non-member 41
states. 42
2. The Commission shall promulgate a rule providing for 43
both mediation and binding dispute resolution for disputes as 44
appropriate. 45
– 18 –
- *AB248*
D. Enforcement 1
1. The Commission, in the reasonable exercise of its 2
discretion, shall enforce the provisions and rules of this Compact. 3
2. By majority vote, the Commission may initiate legal 4
action in the United States District Court for the District of 5
Columbia or the federal district where the Commission has its 6
principal offices against a member state in default to enforce 7
compliance with the provisions of the Compact and its 8
promulgated rules and bylaws. The relief sought may include both 9
injunctive relief and damages. In the event judicial enforcement is 10
necessary, the prevailing member shall be awarded all costs of 11
such litigation, including reasonable attorney’s fees. 12
3. The remedies herein shall not be the exclusive remedies 13
of the Commission. The Commission may pursue any other 14
remedies available under federal or state law. 15
16
SECTION 11. DATE OF IMPLEMENTATION OF 17
THE INTERSTATE COMMISSION FOR PHYSICAL 18
THERAPY PRACTICE AND ASSOCIATED RULES, 19
WITHDRAWAL, AND AMENDMENT 20
21
A. The Compact shall come into effect on the date on which 22
the Compact statute is enacted into law in the tenth member state. 23
The provisions, which become effective at that time, shall be 24
limited to the powers granted to the Commission relating to 25
assembly and the promulgation of rules. Thereafter, the 26
Commission shall meet and exercise rulemaking powers necessary 27
to the implementation and administration of the Compact. 28
B. Any state that joins the Compact subsequent to the 29
Commission’s initial adoption of the rules shall be subject to the 30
rules as they exist on the date on which the Compact becomes law 31
in that state. Any rule that has been previously adopted by the 32
Commission shall have the full force and effect of law on the day 33
the Compact becomes law in that state. 34
C. Any member state may withdraw from this Compact by 35
enacting a statute repealing the same. 36
1. A member state’s withdrawal shall not take effect until 37
six (6) months after enactment of the repealing statute. 38
2. Withdrawal shall not affect the continuing requirement 39
of the withdrawing state’s physical therapy licensing board to 40
comply with the investigative and adverse action reporting 41
requirements of this act prior to the effective date of withdrawal. 42
D. Nothing contained in this Compact shall be construed to 43
invalidate or prevent any physical therapy licensure agreement or 44
other cooperative arrangement between a member state and a 45
– 19 –
- *AB248*
non-member state that does not conflict with the provisions of this 1
Compact. 2
E. This Compact may be amended by the member states. No 3
amendment to this Compact shall become effective and binding 4
upon any member state until it is enacted into the laws of all 5
member states. 6
7
SECTION 12. CONSTRUCTION AND SEVERABILITY 8
9
This Compact shall be liberally construed so as to effectuate 10
the purposes thereof. The provisions of this Compact shall be 11
severable and if any phrase, clause, sentence or provision of this 12
Compact is declared to be contrary to the constitution of any party 13
state or of the United States or the applicability thereof to any 14
government, agency, person or circumstance is held invalid, the 15
validity of the remainder of this Compact and the applicability 16
thereof to any government, agency, person or circumstance shall 17
not be affected thereby. If this Compact shall be held contrary to 18
the constitution of any party state, the Compact shall remain in 19
full force and effect as to the remaining party states and in full 20
force and effect as to the party state affected as to all severable 21
matters. 22
Sec. 2. NRS 640.075 is hereby amended to read as follows: 23
640.075 1. Except as otherwise provided in this section and 24
NRS 239.0115 [,] and section 1 of this act, a complaint filed with 25
the Board, all documents and other information filed with the 26
complaint and all documents and other information compiled as a 27
result of an investigation conducted to determine whether to initiate 28
disciplinary action against a person are confidential, unless the 29
person submits a written statement to the Board requesting that such 30
documents and information be made public records. 31
2. The charging documents filed with the Board to initiate 32
disciplinary action pursuant to chapter 622A of NRS and all 33
documents and information considered by the Board when 34
determining whether to impose discipline are public records. 35
3. The Board shall, to the extent feasible, communicate or 36
cooperate with or provide any documents or other information to 37
any other licensing board or any other agency that is investigating a 38
person, including, without limitation, a law enforcement agency. 39
4. An order that imposes discipline and the findings of fact and 40
conclusions of law supporting that order are public records. 41
Sec. 3. NRS 640.110 is hereby amended to read as follows: 42
640.110 1. The Board shall license as a physical therapist or 43
physical therapist assistant each applicant who proves to the 44
satisfaction of the Board his or her qualifications for licensure. 45
– 20 –
- *AB248*
2. The Board shall issue to each applicant who proves to the 1
satisfaction of the Board his or her qualification for licensure: 2
(a) As a physical therapist, a license as a physical therapist. The 3
license authorizes the applicant to represent himself or herself as a 4
licensed physical therapist and to practice physical therapy in the 5
State of Nevada subject to the conditions and limitations of this 6
chapter. 7
(b) As a physical therapist assistant, a license as a physical 8
therapist assistant. The license authorizes the applicant to represent 9
himself or herself as a licensed physical therapist assistant and to 10
practice as a licensed physical therapist assistant subject to the 11
conditions and limitations of this chapter. 12
3. Each physical therapist shall display his or her current 13
license or proof that he or she is authorized to practice in this 14
State under the Physical Therapy Licensure Compact enacted by 15
section 1 of this act, as applicable, in a location which is accessible 16
to the public. 17
4. The Board may charge a fee, not to exceed $25, to change a 18
name on a license. 19
5. A license as a physical therapist assistant remains valid 20
while a supervising physical therapist continues to supervise the 21
physical therapist assistant. 22
Sec. 4. The preliminary chapter of NRS is hereby amended by 23
adding thereto a new section to read as follows: 24
Except as otherwise expressly provided in a particular statute 25
or required by the context, privilege to practice as a physical 26
therapist or a physical therapist assistant in this State under the 27
Physical Therapy Licensure Compact ratified and entered into in 28
section 1 of this act shall be deemed to be equivalent to the 29
corresponding license. 30
Sec. 5. NRS 7.095 is hereby amended to read as follows: 31
7.095 1. An attorney shall not contract for or collect a fee 32
contingent on the amount of recovery for representing a person 33
seeking damages in connection with an action for injury or death 34
against a provider of health care based upon professional negligence 35
in excess of 35 percent of the amount recovered. 36
2. The limitations set forth in subsection 1 apply to all forms of 37
recovery, including, without limitation, settlement, arbitration and 38
judgment. 39
3. For the purposes of this section, “recovered” means the net 40
sum recovered by the plaintiff after deducting any disbursements or 41
costs incurred in connection with the prosecution or settlement of 42
the claim. Costs of medical care incurred by the plaintiff and general 43
and administrative expenses incurred by the office of the attorney 44
are not deductible disbursements or costs. 45
– 21 –
- *AB248*
4. As used in this section: 1
(a) “Professional negligence” means a negligent act or omission 2
to act by a provider of health care in the rendering of professional 3
services, which act or omission is the proximate cause of a personal 4
injury or wrongful death. The term does not include services that are 5
outside the scope of services for which the provider of health care is 6
licensed or services for which any restriction has been imposed by 7
the applicable regulatory board or health care facility. 8
(b) “Provider of health care” means a physician licensed under 9
chapter 630 or 633 of NRS, dentist, registered nurse, dispensing 10
optician, optometrist, [registered] licensed physical therapist, 11
podiatric physician, licensed psychologist, chiropractic physician, 12
naprapath, doctor of Oriental medicine, holder of a license or a 13
limited license issued under the provisions of chapter 653 of NRS, 14
medical laboratory director or technician, licensed dietitian or a 15
licensed hospital and its employees. 16
Sec. 6. NRS 41A.017 is hereby amended to read as follows: 17
41A.017 “Provider of health care” means a physician licensed 18
pursuant to chapter 630 or 633 of NRS, physician assistant, 19
anesthesiologist assistant, dentist, licensed nurse, dispensing 20
optician, optometrist, [registered] licensed physical therapist, 21
podiatric physician, licensed psychologist, chiropractic physician, 22
naprapath, doctor of Oriental medicine, holder of a license or a 23
limited license issued under the provisions of chapter 653 of NRS, 24
medical laboratory director or technician, licensed dietitian or a 25
licensed hospital, clinic, surgery center, physicians’ professional 26
corporation or group practice that employs any such person and its 27
employees. 28
Sec. 7. NRS 42.021 is hereby amended to read as follows: 29
42.021 1. In an action for injury or death against a provider 30
of health care based upon professional negligence, if the defendant 31
so elects, the defendant may introduce evidence of any amount 32
payable as a benefit to the plaintiff as a result of the injury or death 33
pursuant to the United States Social Security Act, any state or 34
federal income disability or worker’s compensation act, any health, 35
sickness or income-disability insurance, accident insurance that 36
provides health benefits or income-disability coverage, and any 37
contract or agreement of any group, organization, partnership or 38
corporation to provide, pay for or reimburse the cost of medical, 39
hospital, dental or other health care services. If the defendant elects 40
to introduce such evidence, the plaintiff may introduce evidence of 41
any amount that the plaintiff has paid or contributed to secure the 42
plaintiff’s right to any insurance benefits concerning which the 43
defendant has introduced evidence. 44
– 22 –
- *AB248*
2. A source of collateral benefits introduced pursuant to 1
subsection 1 may not: 2
(a) Recover any amount against the plaintiff; or 3
(b) Be subrogated to the rights of the plaintiff against a 4
defendant. 5
3. In an action for injury or death against a provider of health 6
care based upon professional negligence, a district court shall, at the 7
request of either party, enter a judgment ordering that money 8
damages or its equivalent for future damages of the judgment 9
creditor be paid in whole or in part by periodic payments rather than 10
by a lump-sum payment if the award equals or exceeds $50,000 in 11
future damages. 12
4. In entering a judgment ordering the payment of future 13
damages by periodic payments pursuant to subsection 3, the court 14
shall make a specific finding as to the dollar amount of periodic 15
payments that will compensate the judgment creditor for such future 16
damages. As a condition to authorizing periodic payments of future 17
damages, the court shall require a judgment debtor who is not 18
adequately insured to post security adequate to assure full payment 19
of such damages awarded by the judgment. Upon termination of 20
periodic payments of future damages, the court shall order the return 21
of this security, or so much as remains, to the judgment debtor. 22
5. A judgment ordering the payment of future damages by 23
periodic payments entered pursuant to subsection 3 must specify the 24
recipient or recipients of the payments, the dollar amount of the 25
payments, the interval between payments, and the number of 26
payments or the period of time over which payments will be made. 27
Such payments must only be subject to modification in the event of 28
the death of the judgment creditor. Money damages awarded for loss 29
of future earnings must not be reduced or payments terminated by 30
reason of the death of the judgment creditor, but must be paid to 31
persons to whom the judgment creditor owed a duty of support, as 32
provided by law, immediately before the judgment creditor’s death. 33
In such cases, the court that rendered the original judgment may, 34
upon petition of any party in interest, modify the judgment to award 35
and apportion the unpaid future damages in accordance with this 36
subsection. 37
6. If the court finds that the judgment debtor has exhibited a 38
continuing pattern of failing to make the periodic payments as 39
specified pursuant to subsection 5, the court shall find the judgment 40
debtor in contempt of court and, in addition to the required periodic 41
payments, shall order the judgment debtor to pay the judgment 42
creditor all damages caused by the failure to make such periodic 43
payments, including, but not limited to, court costs and attorney’s 44
fees. 45
– 23 –
- *AB248*
7. Following the occurrence or expiration of all obligations 1
specified in the periodic payment judgment, any obligation of the 2
judgment debtor to make further payments ceases and any security 3
given pursuant to subsection 4 reverts to the judgment debtor. 4
8. As used in this section: 5
(a) “Future damages” includes damages for future medical 6
treatment, care or custody, loss of future earnings, loss of bodily 7
function, or future pain and suffering of the judgment creditor. 8
(b) “Periodic payments” means the payment of money or 9
delivery of other property to the judgment creditor at regular 10
intervals. 11
(c) “Professional negligence” means a negligent act or omission 12
to act by a provider of health care in the rendering of professional 13
services, which act or omission is the proximate cause of a personal 14
injury or wrongful death. The term does not include services that are 15
outside the scope of services for which the provider of health care is 16
licensed or services for which any restriction has been imposed by 17
the applicable regulatory board or health care facility. 18
(d) “Provider of health care” means a physician licensed under 19
chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing 20
optician, optometrist, [registered] licensed physical therapist, 21
podiatric physician, naprapath, licensed psychologist, chiropractic 22
physician, doctor of Oriental medicine, holder of a license or a 23
limited license issued under the provisions of chapter 653 of NRS, 24
medical laboratory director or technician, licensed dietitian or a 25
licensed hospital and its employees. 26
Sec. 8. NRS 52.320 is hereby amended to read as follows: 27
52.320 As used in NRS 52.320 to 52.375, inclusive, unless the 28
context otherwise requires: 29
1. “Custodian of medical records” means a chiropractic 30
physician, naprapath, physician, [registered] licensed physical 31
therapist or licensed nurse who prepares and maintains medical 32
records, or any employee or agent of such a person or a facility for 33
convalescent care, medical laboratory or hospital who has care, 34
custody and control of medical records for such a person or 35
institution. 36
2. “Medical records” includes bills, ledgers, statements and 37
other accounts which show the cost of medical services or care 38
provided to a patient. 39
Sec. 9. NRS 239.010 is hereby amended to read as follows: 40
239.010 1. Except as otherwise provided in this section and 41
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 42
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 43
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 44
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 45
– 24 –
- *AB248*
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 1
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 2
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 3
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 4
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 5
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 6
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 7
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 8
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 9
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 10
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 11
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 12
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 13
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 14
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 15
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 16
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 17
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 18
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 19
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 20
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 21
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 22
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 23
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 24
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 25
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 26
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 27
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 28
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 29
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 30
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 31
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 32
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 33
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 34
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 35
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 36
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 37
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 38
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 39
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 40
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 41
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 42
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 43
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 44
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 45
– 25 –
- *AB248*
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 1
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 2
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 3
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 4
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 5
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 6
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 7
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 8
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 9
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 10
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 11
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 12
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 13
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 14
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 15
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 16
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 17
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 18
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 19
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 20
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 21
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 22
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 23
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 24
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 25
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 26
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 27
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 28
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 29
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 30
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 31
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 32
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 33
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 34
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 35
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 36
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 37
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 38
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 39
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 40
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 41
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 42
of Nevada 2013 and unless otherwise declared by law to be 43
confidential, all public books and public records of a governmental 44
entity must be open at all times during office hours to inspection by 45
– 26 –
- *AB248*
any person, and may be fully copied or an abstract or memorandum 1
may be prepared from those public books and public records. Any 2
such copies, abstracts or memoranda may be used to supply the 3
general public with copies, abstracts or memoranda of the records or 4
may be used in any other way to the advantage of the governmental 5
entity or of the general public. This section does not supersede or in 6
any manner affect the federal laws governing copyrights or enlarge, 7
diminish or affect in any other manner the rights of a person in any 8
written book or record which is copyrighted pursuant to federal law. 9
2. A governmental entity may not reject a book or record 10
which is copyrighted solely because it is copyrighted. 11
3. A governmental entity that has legal custody or control of a 12
public book or record shall not deny a request made pursuant to 13
subsection 1 to inspect or copy or receive a copy of a public book or 14
record on the basis that the requested public book or record contains 15
information that is confidential if the governmental entity can 16
redact, delete, conceal or separate, including, without limitation, 17
electronically, the confidential information from the information 18
included in the public book or record that is not otherwise 19
confidential. 20
4. If requested, a governmental entity shall provide a copy of a 21
public record in an electronic format by means of an electronic 22
medium. Nothing in this subsection requires a governmental entity 23
to provide a copy of a public record in an electronic format or by 24
means of an electronic medium if: 25
(a) The public record: 26
(1) Was not created or prepared in an electronic format; and 27
(2) Is not available in an electronic format; or 28
(b) Providing the public record in an electronic format or by 29
means of an electronic medium would: 30
(1) Give access to proprietary software; or 31
(2) Require the production of information that is confidential 32
and that cannot be redacted, deleted, concealed or separated from 33
information that is not otherwise confidential. 34
5. An officer, employee or agent of a governmental entity who 35
has legal custody or control of a public record: 36
(a) Shall not refuse to provide a copy of that public record in the 37
medium that is requested because the officer, employee or agent has 38
already prepared or would prefer to provide the copy in a different 39
medium. 40
(b) Except as otherwise provided in NRS 239.030, shall, upon 41
request, prepare the copy of the public record and shall not require 42
the person who has requested the copy to prepare the copy himself 43
or herself. 44
– 27 –
- *AB248*
Sec. 10. NRS 372.7285 is hereby amended to read as follows: 1
372.7285 1. In administering the provisions of NRS 372.325, 2
the Department shall apply the exemption to the sale of a medical 3
device to a governmental entity that is exempt pursuant to that 4
section without regard to whether the person using the medical 5
device or the governmental entity that purchased the device is 6
deemed to be the holder of title to the device if: 7
(a) The medical device was ordered or prescribed by a provider 8
of health care, within his or her scope of practice, for use by the 9
person to whom it is provided; 10
(b) The medical device is covered by Medicaid or Medicare; and 11
(c) The purchase of the medical device is made pursuant to a 12
contract between the governmental entity that purchases the medical 13
device and the person who sells the medical device to the 14
governmental entity. 15
2. As used in this section: 16
(a) “Medicaid” means the program established pursuant to Title 17
XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to 18
provide assistance for part or all of the cost of medical care rendered 19
on behalf of indigent persons. 20
(b) “Medicare” means the program of health insurance for aged 21
persons and persons with disabilities established pursuant to Title 22
XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq. 23
(c) “Provider of health care” means a physician or physician 24
assistant licensed pursuant to chapter 630, 630A or 633 of NRS, 25
perfusionist, dentist, licensed nurse, dispensing optician, 26
optometrist, practitioner of respiratory care, [registered] licensed 27
physical therapist, podiatric physician, licensed psychologist, 28
licensed audiologist, licensed speech-language pathologist, licensed 29
hearing aid specialist, licensed marriage and family therapist, 30
licensed clinical professional counselor, chiropractic physician, 31
naprapath, licensed dietitian or doctor of Oriental medicine in any 32
form. 33
Sec. 11. NRS 374.731 is hereby amended to read as follows: 34
374.731 1. In administering the provisions of NRS 374.330, 35
the Department shall apply the exemption to the sale of a medical 36
device to a governmental entity that is exempt pursuant to that 37
section without regard to whether the person using the medical 38
device or the governmental entity that purchased the device is 39
deemed to be the holder of title to the device if: 40
(a) The medical device was ordered or prescribed by a provider 41
of health care, within his or her scope of practice, for use by the 42
person to whom it is provided; 43
(b) The medical device is covered by Medicaid or Medicare; and 44
– 28 –
- *AB248*
(c) The purchase of the medical device is made pursuant to a 1
contract between the governmental entity that purchases the medical 2
device and the person who sells the medical device to the 3
governmental entity. 4
2. As used in this section: 5
(a) “Medicaid” means the program established pursuant to Title 6
XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to 7
provide assistance for part or all of the cost of medical care rendered 8
on behalf of indigent persons. 9
(b) “Medicare” means the program of health insurance for aged 10
persons and persons with disabilities established pursuant to Title 11
XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq. 12
(c) “Provider of health care” means a physician or physician 13
assistant licensed pursuant to chapter 630, 630A or 633 of NRS, 14
perfusionist, dentist, licensed nurse, dispensing optician, 15
optometrist, practitioner of respiratory care, [registered] licensed 16
physical therapist, podiatric physician, licensed psychologist, 17
licensed audiologist, licensed speech-language pathologist, licensed 18
hearing aid specialist, licensed marriage and family therapist, 19
licensed clinical professional counselor, chiropractic physician, 20
naprapath, licensed dietitian or doctor of Oriental medicine in any 21
form. 22
Sec. 12. NRS 439A.0195 is hereby amended to read as 23
follows: 24
439A.0195 “Practitioner” means a physician licensed under 25
chapter 630, 630A or 633 of NRS, dentist, licensed nurse, 26
dispensing optician, optometrist, [registered] licensed physical 27
therapist, podiatric physician, licensed psychologist, chiropractic 28
physician, naprapath, doctor of Oriental medicine in any form, 29
medical laboratory director or technician, pharmacist or other person 30
whose principal occupation is the provision of services for health. 31
Sec. 13. NRS 598A.360 is hereby amended to read as follows: 32
598A.360 “Practitioner” means a physician licensed pursuant 33
to chapter 630 or 633 of NRS, physician assistant, licensed nurse, 34
dispensing optician, optometrist, practitioner of respiratory care, 35
[registered] licensed physical therapist, occupational therapist, 36
licensed psychologist or perfusionist. 37
Sec. 14. This act becomes effective on July 1, 2025. 38
H