Report Unlicensed Practice

OVERVIEW

Per NRS 637B.290(1), “a person shall not engage in the practice of audiology, speech-language pathology or fitting and dispensing hearing aids in this State without holding a valid license issued pursuant to the provisions of this chapter.” As such, our Board receives and investigates reports of alleged unlicensed practice and initiates administrative action as necessary to ensure the welfare and safety of the public.

The Board only has jurisdiction to take disciplinary action against a licensee. Board response to unlicensed practice is considered administrative action, as the Board’s jurisdiction is over the subject matter/practice.

• Reports of unlicensed practice are handled by the Board’s Executive Director, Investigator, and Board Counsel.
• Details of a case are not disclosed to the Board unless or until action is initiated pursuant to NRS 637B.290.
• Board staff cannot provide legal advice.

If you are NOT Reporting Unlicensed Practice, learn more about Filing a Complaint Against a Licensee here.  

REPORTING PROCESS

STEP 1: Filing a Report

WHO MAY BE NAMED IN A REPORT?

Anyone who is alleged to have engaged in the unlicensed practice of audiology, speech-language pathology or fitting and dispensing hearing aids may be named in a report. The individual against which the report is filed is referred to as the “Respondent.”

WHO MAY FILE A REPORT?

Anyone may report alleged unlicensed practice of audiology, speech-language pathology or fitting and dispensing hearing aids. A report may be filed anonymously, however the Board may not choose to proceed if anonymity makes processing the report impossible or unfair to the person who is the subject of the report.

Per NAC 637B.042(7), it is also the professional responsibility of any Board licensee to report to the Board any unlicensed, unauthorized, unqualified, or unethical practice of audiology, speech-language pathology or fitting and dispensing hearing aids that is occurring.

The individual who makes the report is referred to as the “Reporter.”

WHAT MUST BE INCLUDED IN A REPORT?

The report should contain as many details as possible to describe the alleged unlicensed practice, provide contact information for the Respondent, and include enough detail to allow the Board to understand the allegations and allow the Respondent to prepare a defense.

HOW ARE REPORTS FILED?

A report must be completed, signed, and dated by the Reporter on the form provided by the Board, and submitted to the Board Office via email, regular mail, or fax.

STEP 2: Investigation (if applicable)

The Board’s Executive Director, in consultation with Board Counsel, will review each report of unlicensed practice to determine the most appropriate response.

Possible Outcomes

• Case Closed: No case is opened if there is insufficient evidence to proceed with an investigation. No notice is sent to the Respondent. The Reporter, if known, will be notified in writing.
• Citation Issued: Per NRS 637B.290(2)(b), the Board may issue a Citation to the person. Each activity in which the person is engaged is considered a separate offense for which a separate citation may be issued. Each Citation must be in writing, specifically describe the nature of the violation, and inform the person of the provisions of NRS 637B.290(2)(b). The person may appeal a Citation through a written request for a Hearing to the Board no later than 30 days after the Citation is issued.
• Cease and Desist Letter: Per NRS 637B.290(2)(a), the Board may issue and serve on the person an order to Cease and Desist until the person obtains from the Board the proper license or otherwise demonstrates that they are no longer in violation. The case may be closed once this letter is sent, and the Reporter, if known, will be notified in writing.
• Administrative Fine: Per NRS 637B.290(2)(c), the Board may assess an administrative fine of no more than $5,000 against the person.
• Any Combination of Penalties: Per NRS 637B.290(2)(d), the Board may impose any combination of the following penalties: Citation, Cease and Desist Letter, and/or Administrative Fine.

ADDITIONAL BOARD AUTHORITY

The Board also has authority to do the following:

• Notify law enforcement of unlicensed practice (NRS 637B.291).
• Enter and inspect any premises in the State where a licensee is practicing or to determine if there is unlicensed practice occurring (NRS 637B.295).
• File an injunction against any person engaging in unlicensed practice (NRS 637B.310).

REPORTING REQUIREMENTS

Per NRS 637B.291, unless the Board determines that extenuating circumstances exist, it is mandated to forward any substantiated information regarding unlicensed practice to the appropriate law enforcement agency.