Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 248–Assemblymember Marzola
CHAPTER..........
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 ther apist 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 thera pists; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of physical therapists and
physical therapist assistants in this State by the Nevada Physical Therapy Board.
(Chapter 640 of NRS) Section 1 of this bill enacts the Physical Therapy Licensure
Compact, which allows a person who is licensed as a physical therapist or physical
therapist assistant in a state that is a member of the Compact to practice as a
physical therapist or physical therapist assistant in other states that are members of
the Compact. In order to practice as a physical therapist or physical therapist
assistant under the Compact, the Compact requires a physical therapist or physical
therapist assistant to: (1) hold a license in his or her home state; (2) have no
encumbrances on his or her license; (3) meet certain other requirements for
eligibility; (4) have had no adverse actions taken against any license or authority to
practice under the Compact within the previous 2 years; (5) notify the Physical
Therapy Compact Commission that he or she is seeking to practice under the
Compact in another state; (6) pay any applicable fees; (7) meet any requirements in
the state in which he or she seeks to practice under the Compact; and (8) report any
adverse action taken against him or her by a non -member state within 30 days after
the date the adverse action is taken. The Compact authorizes a member state to take
adverse action against a physical therapist or physical therapist assistant practicing
in the member state under the Compact.
The Compact requires member states to create and establish a joint public
agency called the Physical Therapy Compact Commission. The Commission is
required to, among other things: (1) establish bylaws; (2) make rules that facilitate
and coordinate the implementation and administration of the Compact; (3) hold
meetings, which may be c losed under certain conditions; and (4) resolve disputes
related to the Compact among states that are members of the Compact. The
Commission is additionally authorized to levy and collect an annual assessment
from each state that is a member of the Compact.
The Compact also requires the Commission to provide for the development,
maintenance and utilization of a data system to facilitate the sharing of information
among member states. Section 2 of this bill, in general, authorizes the Nevada
Physical Therapy Board to disclose information to the data system when required
by the Compact. Section 9 of this bill provides for the confidentiality of certain
information disclosed through the data system.
Section 4 of this bill deems practicing as a physical therapist or physical
therapist assistant under the Compact to be equivalent to practicing under a license
issued by the Nevada Physical Therapy Board, thereby providing such persons with
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the same authority, duties and legal protections as a licensee. Section 2 of this bill
requires a physical therapist practicing under the Compact to display proof that he
or she is authorized to practice under the Compact in the same manner as a licensed
physical therapist is required to display his or her license. Sections 5-8 and 10-14
of this bill replace the term “registered physical therapist” with the term “licensed
physical therapist” to reflect current terminology used in existing law governing the
practice of physical therapy and this bill.
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:
Section 1. Chapter 640 of NRS is hereby amended by adding
thereto a new section to read as follows:
The Physical Therapy Licensure Compact is hereby ratified
and entered into with all other jurisdictions legally joining the
Compact, in substantially the form set forth in this section:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice
of physical therapy with the goal of improving public access to
physical therapy services. The practice of physical therapy occurs
in the state where the patient/client is located at the time of the
patient/client encounter. The Compact preserves the regulatory
authority of states to protect public health and safety th rough the
current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by
providing for the mutual recognition of other member state
licenses;
2. Enhance the st ates’ ability to protect the public’s health
and safety;
3. Encourage the cooperation of member states in regulating
multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, inves tigative, and
disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with a
compact privilege in that state accountable to that state’s practice
standards.
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SECTION 2. DEFINITIONS
As used in this Comp act, and except as otherwise provided, the
following definitions shall apply:
1. “Active Duty Military” means full -time duty status in the
active uniformed service of the United States, including members
of the National Guard and Reserve on active duty o rders pursuant
to 10 U.S.C. Chapters 1209 and 1211.
2. “Adverse Action” means disciplinary action taken by a
physical therapy licensing board based upon misconduct,
unacceptable performance, or a combination of both.
3. “Alternative Program” means a no n-disciplinary
monitoring or practice remediation process approved by a physical
therapy licensing board. This includes, but is not limited to,
substance abuse issues.
4. “Compact privilege” means the authorization granted by a
remote state to allow a li censee from another member state to
practice as a physical therapist or work as a physical therapist
assistant in the remote state under its laws and rules. The practice
of physical therapy occurs in the member state where the
patient/client is located at the time of the patient/client encounter.
5. “Continuing competence” means a requirement, as a
condition of license renewal, to provide evidence of participation
in, and/or completion of, educational and professional activities
relevant to practice or area of work.
6. “Data system” means a repository of information about
licensees, including examination, licensure, investigative, compact
privilege, and adverse action.
7. “Encumbered license” means a license that a physical
therapy licensing board has limited in any way.
8. “Executive Board” means a group of directors elected or
appointed to act on behalf of, and within the powers granted to
them by, the Commission.
9. “Home state” means the member state that is the licensee’s
primary state of residence.
10. “Investigative information” means information, records,
and documents received or generated by a physical therapy
licensing board pursuant to an investigation.
11. “Jurisprudence Requirement” means the assessment of
an individual’s knowledge of the laws and rules governing the
practice of physical therapy in a state.
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12. “Licensee” means an individual who currently holds an
authorization from the state to practice as a physical therapist or
to work as a physical therapist assistant.
13. “Member state” means a state that has enacted the
Compact.
14. “Party state” means any member state in which a licensee
holds a current license or compact privilege or is applying for a
license or compact privilege.
15. “Physical therapist” means an individual who is licensed
by a state to practice physical therapy.
16. “Physical therapist assistant” means an individual who is
licensed/certified by a state and who assists the physical therapist
in selected components of physical therapy.
17. “Physical therapy,” “physical therapy practice,” and “the
practice of physical therapy” mean the care and services provided
by or under the direction and supervision of a licensed physical
therapist.
18. “Physical Therapy Compact Commission” or
“Commission” means the national administrative body whose
membership consists of all states that have enacted the Compact.
19. “Physical therapy licensing board” or “licensing board”
means the agency of a state that is responsible for the licensing
and regulation o f physical therapists and physical therapist
assistants.
20. “Remote State” means a member state other than the
home state, where a licensee is exercising or seeking to exercise
the compact privilege.
21. “Rule” means a regulation, principle, or direct ive
promulgated by the Commission that has the force of law.
22. “State” means any state, commonwealth, district, or
territory of the United States of America that regulates the practice
of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commission’s data system,
including using the Commission’s unique identifier as defined in
rules;
2. Have a mechanism in place for receiving and
investigating complaints about licensees;
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3. Notify the Commission, in compliance with the terms of
the Compact and rules, of any adverse action or the availability of
investigative information regarding a licensee;
4. Fully implement a criminal background check
requirement, within a time frame established by rule, by receiving
the results of the Federal Bureau of Investigation record search
on criminal background checks and use the results in making
licensure decisions in accordance with Section 3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a
requirement for licensure pursuant to the rules of the
Commission; and
7. Have continuing competence requirements as a
condition for license renewal.
B. Upon adoption of this statu te, the member state shall have
the authority to obtain biometric -based information from each
physical therapy licensure applicant and submit this information
to the Federal Bureau of Investigation for a criminal background
check in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316.
C. A member state shall grant the compact privilege to a
licensee holding a valid unencumbered license in another member
state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact
privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and
provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state
in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license or
compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the
compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the
compact privilege;
7. Meet any jurisprudence requirements established by the
remote state(s) in which the licensee is seeking a compact
privilege; and
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8. Report to the Commission adverse action taken by any
non-member state within 30 days from the date the adverse action
is taken.
B. The compact privilege is valid until the expiration date of
the home license. The licensee must comply with the requirements
of Section 4.A. to maintain the compact privilege in the remote
state.
C. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and
regulations of the remote state.
D. A licensee providing physical therapy in a remote state is
subject to that state’s regulatory authority. A remote state may, in
accordance with due process and that state’s laws, remove a
licensee’s compact privilege in the remote state for a specific
period of time, impose fines, and/or take any other necessary
actions to protect the health and safety of its citizens. The licensee
is not eligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
E. If a home state license is encumbered, the licensee shall
lose the compact privilege in any remote state until the following
occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse
action.
F. Once an encumbered license in the home state is restored
to good standing, the licensee must meet the requirements of
Section 4A to obtain a compact privilege in any remote state.
G. If a licensee’s compact privilege in any remote state is
removed, the individual shall lose the compact privilege in any
remote state until the following occur:
1. The specific period of time for which the compact
privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the d ate of the adverse
action.
H. Once the requirements of Section 4G have been met, the
license must meet the requirements in Section 4A to obtain a
compact privilege in a remote state.
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SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR
THEIR SPOUSES
A license e who is active duty military or is the spouse of an
individual who is active duty military may designate one of the
following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the PCS
state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse
action against a license issued by the home state.
B. A home state may take adverse action based on the
investigative information of a remote state, so long as the home
state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state’s
decision that participation in an alternative program may be used
in lieu of a dverse action and that such participation shall remain
non-public if required by the member state’s laws. Member states
must require licensees who enter any alternative programs in lieu
of discipline to agree not to practice in any other member state
during the term of the alternative program without prior
authorization from such other member state.
D. Any member state may investigate actual or alleged
violations of the statutes and rules authorizing the practice of
physical therapy in any other member st ate in which a physical
therapist or physical therapist assistant holds a license or compact
privilege.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. against
a licensee’s compact privilege in the state;
2. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses, and the
production of evidence. Subpoenas issued by a physical therapy
licensing board in a party state for the attendance and testimony
of witnesses, and/or the production of evidence from another party
state, shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings pend ing
before it. The issuing authority shall pay any witness fees, travel
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expenses, mileage, and other fees required by the service statutes
of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover f rom the
licensee the costs of investigations and disposition of cases
resulting from any adverse action taken against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member state by
its respective physical therapy practice act or other applicable state
law, a member state may participate with other member states in
joint investigations of licensees.
2. Member states shall share any investigative, litigation, or
compliance materials in furtherance of any joint or ind ividual
investigation initiated under the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL
THERAPY COMPACT COMMISSION
A. The Compact member states hereby create and establish a
joint public agency known as the Physical Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact
states.
2. Venue is proper and judicial proceedings by or against
the Commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
Commission is located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1)
delegate selected by that member state’s licensing board.
2. The delegate shall be a current member of the licensing
board, who is a physical therapist, physical therapist assistant,
public member, or the board administrator.
3. Any delegate may be removed or suspended from office
as provided by the law of the state from which the delegate is
appointed.
4. The member state board shall fill any vacancy occurring
in the Commission.
5. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of rules and creation of bylaws and
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shall otherwise have an opportunity to participate in the business
and affairs of the Commission.
6. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates’
participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth in the
bylaws.
C. The Commission shall have the following powers and
duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance wi th the
bylaws;
4. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate
implementation and administration of this Compact. The rules
shall have the forc e and effect of law and shall be binding in all
member states;
6. Bring and prosecute legal proceedings or actions in the
name of the Commission, provided that the standing of any state
physical therapy licensing board to sue or be sued under
applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and to
establish the Commission’s personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and
other related personnel matters;
10. Accept any and all appropriate donations and grants of
money, equipment, supplies, materials and services, and to receive,
utilize and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impr opriety and/or
conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations
of, or otherwise to own, hold, improve or use, any property, real,
personal or mixed; provided that at all times the Commission shall
avoid any appearance of impropriety;
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12. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal, or
mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing comm ittees
composed of members, state regulators, state legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;
16. Provide and receive information from, and c ooperate
with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent
with the state regulation of physical therap y licensure and
practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of
the Commission according to the terms of this Compact.
1. The Executive Board shall be composed of nine
members:
a. Seven voting members w ho are elected by the
Commission from the current membership of the Commission;
b. One ex -officio, nonvoting member from the
recognized national physical therapy professional association; and
c. One ex -officio, nonvoting member from the
recognized me mbership organization of the physical therapy
licensing boards.
2. The ex -officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the
Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties and
responsibilities:
a. Recommend to the entire Commission changes to the
rules or bylaws, changes to this Compact legislation, fees paid by
Compact member states such as annual dues, and any commission
Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
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d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as required
under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other
committees of the Commission may convene in a closed, non -
public meeting if the Commission or Executive Board or other
committees of the Commission must discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. The employment , compensation, discipline or other
matters, practices or procedures related to specific employees or
other matters related to the Commission’s internal personnel
practices and procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring
any person;
f. Disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
h. Disclosure of investigative records compiled for law
enforcement purposes;
i. Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the Commission
or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by
federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant
to this provision, the Commission’s legal counsel or designee shall
certify that the meeting may be closed and shall re ference each
relevant exempting provision.
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4. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a desc ription of the views expressed.
All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a majority
vote of the Commission or ord er of a court of competent
jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any a nd all appropriate
revenue sources, donations, and grants of money, equipment,
supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The aggregate
annual assessment amount shall be a llocated based upon a
formula to be determined by the Commission, which shall
promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall
the Commission pledge the credit of any of the member states,
except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Commission shall be s ubject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Commission shall be
audited yearly by a certified or licensed public accountant, and the
report of the audit shall b e included in and become part of the
annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act,
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error or omission that occurred, or that the person aga inst whom
the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liabilit y for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the Commission
in any civil actio n seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the
scope of Commission employment, duties, or responsibilities, or
that the person against whom the claim is made had a reasonable
basis for be lieving occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining
his or her own counsel; and provided further, that the actual or
alleged act, er ror, or omission did not result from that person’s
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or representative of
the Commission for the amount of a ny settlement or judgment
obtained against that person arising out of any actual or alleged
act, error or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believin g occurred within the
scope of Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that
person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law to the
contrary a member state shall submit a uniform data set to the
data system on all individuals to whom this Compact is applicable
as required by the rules of the Commission, including:
1. Identifying information;
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2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative
program participation;
5. Any denial of application for licensure, and the reason(s)
for such denial; and
6. Other information that may facilitate the administration
of this Compact, as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any
member state will only be available to other party states.
D. The Commission shall promptly notify all member states
of any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining to a
licensee in any member state will be available to any other
member state.
E. Member states contributing information to the data system
may designate information that may not be shared with the public
without the express permission of the contributing state.
F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the data
system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Sec tion and the rules
adopted thereunder. Rules and amendments shall become binding
as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact within 4 years of the date of
adoption of the rule, then such rule shall have no further force
and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules
by the Commission, and at least thirty (30) days in advance of the
meeting at which the rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
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2. On the website of each member state physical therapy
licensing board or other publicly accessible platform or the
publication in which each state would otherw ise publish proposed
rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from any
interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend the public
hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall
allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency;
or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on th e proposed rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to
the electronic hearing.
1. All per sons wishing to be heard at the hearing shall
notify the executive director of the Commission or other
designated member in writing of their desire to appear and testify
at the hearing not less than five (5) business days before the
scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording
will be made available on request.
4. Nothing in this section shall be construed as requiring a
separate hearing on each rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
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- 83rd Session (2025)
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral comments
received.
J. If no written notice of intent to attend the public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking record
and the full text of the rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency rule without
prior notice, opportunity for comment, or hearing, provided that
the usual rulemaking procedures provid ed in the Compact and in
this section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after
the effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order
to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors
in forma t, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the website of the
Commission. The revision shall be subject to challenge by any
person for a period of thirty (30) days after posting. The revision
may be c hallenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing,
and delivered to the chair of the Commission prior to the end of
the notice period. If no challenge is made, the revision will take
effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the
Commission.
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- 83rd Session (2025)
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this Compact and
take all actions necessary and appropriate to effectuate the
Compact’s purposes and intent. The provisions of this Compact
and the rules promulgated hereunder shall have stand ing as
statutory law.
2. All courts shall take judicial notice of the Compact and
the rules in any judicial or administrative proceeding in a member
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding, and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide
service of process to the Commission shall render a judgment or
order void as to the Commission, this Compact, or promulgated
rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has
defaulted in the performance of its obligations or respo nsibilities
under this Compact or the promulgated rules, the Commission
shall:
a. Provide written notice to the defaulting state and
other member states of the nature of the default, the proposed
means of curing the default and/or any other action to be taken by
the Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of a majority of the member states, and all rights,
privileges and benefits conferred by this Compact may be
terminated on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be
given by the Commission to the governor, the majority and
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- 83rd Session (2025)
minority leaders of the defaulting state’s legislature, and each of
the member states.
4. A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a
state that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between t he
Commission and the defaulting state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court for the District
of Columbia or the federal district where the Commission has its
principal offices. The prevai ling member shall be awarded all
costs of such litigation, including reasonable attorney’s fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall
attempt to resolve disputes related to the Compact that arise
among member st ates and between member and non -member
states.
2. The Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices against a member state in default to enforce
compliance with the provisions of the Compact and its
promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is
necessary, the p revailing member shall be awarded all costs of
such litigation, including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive remedies
of the Commission. The Commission may pursue any other
remedies available under federal or state law.
– 19 –
- 83rd Session (2025)
SECTION 11. DATE OF IMPLEMENTATION OF
THE INTERSTATE COMMISSION FOR PHYSICAL
THERAPY PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth member state.
The provisions, which become effective at that time, shall be
limited to the powers granted to the Commission relating to
assembly and the promulgation of rules. Thereafter, the
Commission shall meet and exercise rulemaking powers necessary
to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the
Commission’s initial adoption of the rules shall be subject to the
rules as they exist on the date on which the Compact becomes la w
in that state. Any rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day
the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by
enacting a statute repealing the same.
1. A member state’s withdrawal shall not take effect until
six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement
of the withdrawing state’s physical therapy licensing board to
comply with the investigative and adverse action reporting
requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any physical therapy licensure agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of this
Compact is declared to be contrary to the constitution of any party
state or of the United States or the applicability thereof to any
– 20 –
- 83rd Session (2025)
government, agency, person or circumstance is held invalid, the
validity of the remainder of this Compact and the applicability
thereof to any government, agency, person or circumstance shall
not be affected thereby. If this Compact shall be held contrary to
the constitution of any party state, the Compact shall remain in
full force and effect as to the remaining party states and in full
force and effect as to the party state affected as to all severable
matters.
Sec. 2. NRS 640.075 is hereby amended to read as follows:
640.075 1. Except as otherwise provided in this section and
NRS 239.0115 [,] and section 1 of this act, a complaint filed with
the Board, all documents and other informatio n filed with the
complaint and all documents and other information compiled as a
result of an investigation conducted to determine whether to initiate
disciplinary action against a person are confidential, unless the
person submits a written statement to the Board requesting that such
documents and information be made public records.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all
documents and information considered by the Board when
determining whether to impose discipline are public records.
3. The Board shall, to the extent feasible, communicate or
cooperate with or provide any documents or other information to
any other licensing board or any other agency that is investigating a
person, including, without limitation, a law enforcement agency.
4. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
Sec. 3. NRS 640.110 is hereby amended to read as follows:
640.110 1. The Board shall license as a physical therapist or
physical therapist assistant each applicant who proves to the
satisfaction of the Board his or her qualifications for licensure.
2. The Board shall issue to each applicant who proves to the
satisfaction of the Board his or her qualification for licensure:
(a) As a physical therapist, a license as a physical therapist. The
license authorizes the applicant to represent himself or herself as a
licensed physical ther apist and to practice physical therapy in the
State of Nevada subject to the conditions and limitations of this
chapter.
(b) As a physical therapist assistant, a license as a physical
therapist assistant. The license authorizes the applicant to represent
himself or herself as a licensed physical therapist assistant and to
practice as a licensed physical therapist assistant subject to the
conditions and limitations of this chapter.
– 21 –
- 83rd Session (2025)
3. Each physical therapist shall display his or her current
license or pro of that he or she is authorized to practice in this
State under the Physical Therapy Licensure Compact enacted by
section 1 of this act, as applicable, in a location which is accessible
to the public.
4. The Board may charge a fee, not to exceed $25, to change a
name on a license.
5. A license as a physical therapist assistant remains valid
while a supervising physical therapist continues to supervis e the
physical therapist assistant.
Sec. 4. The preliminary chapter of NRS is hereby amended by
adding thereto a new section to read as follows:
Except as otherwise expressly provided in a particular statute
or required by the context, privilege to practice as a physical
therapist or a physical therapist assistant in this State under the
Physical Therapy Licensure Compact ratified and entered into in
section 1 of this act shall be deemed to be equivalent to the
corresponding license.
Sec. 5. NRS 7.095 is hereby amended to read as follows:
7.095 1. An attorney shall not contract for or collect a fee
contingent on the amount of recovery for representing a person
seeking damages in connection with an action for injury or death
against a provider of health care based upon professional negligence
in excess of 35 percent of the amount recovered.
2. The limitations set forth in subsection 1 apply to all forms of
recovery, including, without limitation, settlement, arbitration and
judgment.
3. For the purposes of this section, “recovered” means the net
sum recovered by the plaintiff after deducting any disbursements or
costs incurred in connection with the prosecution or settlement of
the claim. Costs of medical care incurred by the plaintiff and general
and administrative expenses incurred by the office of the attorney
are not deductible disbursements or costs.
4. As used in this section:
(a) “Professional negligence” means a negligent act or omission
to act by a provider of health care in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is
licensed or services for which any restriction has been imposed by
the applicable regulatory board or health care facility.
(b) “Provider of health care” means a physician licensed under
chapter 630 or 633 of NRS, dentist, registered nurse, dispensing
– 22 –
- 83rd Session (2025)
optician, optometrist, [registered] licensed physical therapist,
podiatric physician, licensed psychologist, chiropractic physi cian,
naprapath, doctor of Oriental medicine, holder of a license or a
limited license issued under the provisions of chapter 653 of NRS,
medical laboratory director or technician, licensed dietitian or a
licensed hospital and its employees.
Sec. 6. NRS 41A.017 is hereby amended to read as follows:
41A.017 “Provider of health care” means a physician licensed
pursuant to chapter 630 or 633 of NRS, physician assistant,
anesthesiologist assistant, dentist, licensed nurse, dis pensing
optician, optometrist, [registered] licensed physical therapist,
podiatric physician, licensed psychologist, chiropractic physician,
naprapath, doctor of Oriental medicine, holder of a license or a
limited license issued under the provisions of chapter 653 of NRS,
medical laboratory director or technician, licensed dietitian or a
licensed hospital, clinic, surgery center, physicians’ professional
corporation or group practice that employs any such person and its
employees.
Sec. 7. NRS 42.021 is hereby amended to read as follows:
42.021 1. In an action for injury or death against a provider
of health care based upon professional negligence, if the defendant
so elects, the defendant may introduce evidence of any a mount
payable as a benefit to the plaintiff as a result of the injury or death
pursuant to the United States Social Security Act, any state or
federal income disability or worker’s compensation act, any health,
sickness or income -disability insurance, acci dent insurance that
provides health benefits or income -disability coverage, and any
contract or agreement of any group, organization, partnership or
corporation to provide, pay for or reimburse the cost of medical,
hospital, dental or other health care ser vices. If the defendant elects
to introduce such evidence, the plaintiff may introduce evidence of
any amount that the plaintiff has paid or contributed to secure the
plaintiff’s right to any insurance benefits concerning which the
defendant has introduced evidence.
2. A source of collateral benefits introduced pursuant to
subsection 1 may not:
(a) Recover any amount against the plaintiff; or
(b) Be subrogated to the rights of the plaintiff against a
defendant.
3. In an action for injury or death agai nst a provider of health
care based upon professional negligence, a district court shall, at the
request of either party, enter a judgment ordering that money
damages or its equivalent for future damages of the judgment
– 23 –
- 83rd Session (2025)
creditor be paid in whole or in part by periodic payments rather than
by a lump -sum payment if the award equals or exceeds $50,000 in
future damages.
4. In entering a judgment ordering the payment of future
damages by periodic payments pursuant to subsection 3, the court
shall make a speci fic finding as to the dollar amount of periodic
payments that will compensate the judgment creditor for such future
damages. As a condition to authorizing periodic payments of future
damages, the court shall require a judgment debtor who is not
adequately insured to post security adequate to assure full payment
of such damages awarded by the judgment. Upon termination of
periodic payments of future damages, the court shall order the return
of this security, or so much as remains, to the judgment debtor.
5. A judgment ordering the payment of future damages by
periodic payments entered pursuant to subsection 3 must specify the
recipient or recipients of the payments, the dollar amount of the
payments, the interval between payments, and the number of
payments or the period of time over which payments will be made.
Such payments must only be subject to modification in the event of
the death of the judgment creditor. Money damages awarded for loss
of future earnings must not be reduced or payments terminated by
reason of the death of the judgment creditor, but must be paid to
persons to whom the judgment creditor owed a duty of support, as
provided by law, immediately before the judgment creditor’s death.
In such cases, the court that rendered the original judgme nt may,
upon petition of any party in interest, modify the judgment to award
and apportion the unpaid future damages in accordance with this
subsection.
6. If the court finds that the judgment debtor has exhibited a
continuing pattern of failing to make the periodic payments as
specified pursuant to subsection 5, the court shall find the judgment
debtor in contempt of court and, in addition to the required periodic
payments, shall order the judgment debtor to pay the judgment
creditor all damages caused b y the failure to make such periodic
payments, including, but not limited to, court costs and attorney’s
fees.
7. Following the occurrence or expiration of all obligations
specified in the periodic payment judgment, any obligation of the
judgment debtor t o make further payments ceases and any security
given pursuant to subsection 4 reverts to the judgment debtor.
8. As used in this section:
– 24 –
- 83rd Session (2025)
(a) “Future damages” includes damages for future medical
treatment, care or custody, loss of future earnings, loss of bodily
function, or future pain and suffering of the judgment creditor.
(b) “Periodic payments” means the payment of money or
delivery of other property to the judgment creditor at regular
intervals.
(c) “Professional negligence” means a negligent ac t or omission
to act by a provider of health care in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is
licensed or services for which any restriction has been imposed by
the applicable regulatory board or health care facility.
(d) “Provider of health care” means a physician licensed under
chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing
optician, optometrist, [registered] licensed physical therapist,
podiatric physician, naprapath, licensed psychologist, chiropractic
physician, doctor of Oriental medicine, holder of a license or a
limited license issued under the provisions of chapter 653 of NRS,
medical laboratory director or technician, licensed dietitian or a
licensed hospital and its employees.
Sec. 8. NRS 52.320 is hereby amended to read as follows:
52.320 As used in NRS 52.320 to 52.375, inclusive, unless the
context otherwise requires:
1. “Custodian of medical records” means a chiropractic
physician, naprapath, physician, [registered] licensed physical
therapist or licensed nurse who prepares and maintains medical
records, or any employee or agent of such a person or a facility for
convalescent care, medical laboratory or hospital who has care,
custody and control of medical rec ords for such a person or
institution.
2. “Medical records” includes bills, ledgers, statements and
other accounts which show the cost of medical services or care
provided to a patient.
Sec. 9. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.15 0, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280 ,
– 25 –
- 83rd Session (2025)
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1285, 231. 1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247.540, 247.545, 247.550, 247 .560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.118, 287.0438, 289.025, 289.080, 289.3 87, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.8 72, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B. 845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
– 26 –
- 83rd Session (2025)
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125 , 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 6 41C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.1 26, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.15 9, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes
of Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
– 27 –
- 83rd Session (2025)
entity must be open at all tim es during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record co ntains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not o therwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
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- 83rd Session (2025)
the person who has requested the cop y to prepare the copy himself
or herself.
Sec. 10. NRS 372.7285 is hereby amended to read as follows:
372.7285 1. In administering the provisions of NRS 372.325,
the Department shall apply the exemption to the sale of a medical
device to a governmental entity that is exempt pursuant to that
section without regard to whether the person using the medical
device or the governmental entity that purchased the device is
deemed to be the holder of title to the device if:
(a) The medical device was ordered or prescribed by a provider
of health care, within his or her scope of practice, for use by the
person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical dev ice is made pursuant to a
contract between the governmental entity that purchases the medical
device and the person who sells the medical device to the
governmental entity.
2. As used in this section:
(a) “Medicaid” means the program established pursuant to Title
XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to
provide assistance for part or all of the cost of medical care rendered
on behalf of indigent persons.
(b) “Medicare” means the program of health insurance for aged
persons an d persons with disabilities established pursuant to Title
XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) “Provider of health care” means a physician or physician
assistant licensed pursuant to chapter 630, 630A or 633 of NRS,
perfusionist, dentist, licensed nurse, dispensing optician,
optometrist, practitioner of respiratory care, [registered] licensed
physical therapist, podiatric physician, licensed psychologist,
licensed audiologist, licensed speech -language pathologist, licensed
hearing aid specialist, licensed marriage and family therapist,
licensed clinical professional counselor, chiropractic physician,
naprapath, licensed dietitian or doctor of Oriental medicine in any
form.
Sec. 11. NRS 374.731 is hereby amended to read as follows:
374.731 1. In administering the provisions of NRS 374.330,
the Department shall apply the exemption to the sale of a medical
device to a governmental entity that is exempt pursuant to that
section without regard to whet her the person using the medical
device or the governmental entity that purchased the device is
deemed to be the holder of title to the device if:
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- 83rd Session (2025)
(a) The medical device was ordered or prescribed by a provider
of health care, within his or her scope of pr actice, for use by the
person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical device is made pursuant to a
contract between the governmental entity that purchases the medical
device a nd the person who sells the medical device to the
governmental entity.
2. As used in this section:
(a) “Medicaid” means the program established pursuant to Title
XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to
provide assistance for part or all of the cost of medical care rendered
on behalf of indigent persons.
(b) “Medicare” means the program of health insurance for aged
persons and persons with disabilities established pursuant to Title
XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) “Provider of health care” means a physician or physician
assistant licensed pursuant to chapter 630, 630A or 633 of NRS,
perfusionist, dentist, licensed nurse, dispensing optician,
optometrist, practitioner of respiratory care, [registered] licensed
physical therapist, podiatric physician, licensed psychologist,
licensed audiologist, licensed speech -language pathologist, licensed
hearing aid specialist, licensed marriage and family therapist,
licensed clinical professional counselor, chiropra ctic physician,
naprapath, licensed dietitian or doctor of Oriental medicine in any
form.
Sec. 12. NRS 439A.0195 is hereby amended to read as
follows:
439A.0195 “Practitioner” means a physician licensed under
chapter 630, 630A or 633 of NRS, dentist, licensed nurse,
dispensing optician, optometrist, [registered] licensed physical
therapist, podiatric physician, licensed psychologist, chiropractic
physician, naprapath, doctor of Oriental medicine in any form,
medical laboratory director or technician, pharmacist or other person
whose principal occupation is the provision of services for health.
Sec. 13. NRS 598A.360 is hereby amended to read as follows:
598A.360 “Practitioner” means a physi cian licensed pursuant
to chapter 630 or 633 of NRS, physician assistant, licensed nurse,
dispensing optician, optometrist, practitioner of respiratory care,
[registered] licensed physical therapist, occupational therapist,
licensed psychologist or perfusionist.
Sec. 14. This act becomes effective on July 1, 2025.
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