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NEVADA LICENSURE STATUTES AND REGULATIONS
Regulations
reguarding providers and wholesalers of medical devices, equipment,
and gases.
Section
1. NAC ch. 639
shall be amended to add the following new language:
1. "Assistive
equipment" means an MDEG product intended to aid a consumer in the performance
of one or more bodily activities, including but not limited to, wheelchairs,
walkers, and other devices, but excluding respiratory equipment.
2. "Consumer" means the ultimate recipient or beneficiary of services
and goods provided by an MDEG provider.
3. "Health professional" means a practitioner as defined in NRS 639.0125,
a physical therapist, an occupational therapist, a registered nurse,
or a respiratory therapist.
4. "Life-sustaining equipment" means an MDEG product the absence of
which for a consumer will expose the consumer to a medically reasonable
expectation of imminent death or serious injury, including but not limited
to, ventilators and oxygen concentrators.
5. "MDEG products" means any drug as defined in NRS 639.007(2), including
without limitation, medical devices, equipment, supplies, and gases,
but does not include: (a) Any controlled substance; (b) Any dangerous
drug, excepting medical gases and supplies that facilitate the use of
dangerous drug, including but not limited to, normal saline and other
such inert liquids; and (c) Any medical device, equipment, supply, or
gas the regulation of which is governed by any other licensing board
or agency besides the Nevada State Board of Pharmacy.
6. "MDEG provider" means a person licensed under the provisions of these
regulations to sell, lease or otherwise provide MDEG products to consumers
in Nevada, except that the following persons are not MDEG providers:
(a) A health professional when his sale, lease or other providing of
an MDEG product is to his consumer for that consumer's use pursuant
to the practitioner's order; or (b) A pharmacy when the sale, lease
or other providing of an MDEG product is by the pharmacy to a consumer
for that consumer's use.
7. "MDEG wholesaler" means a person licensed under the provisions of
these regulations to sell, lease or otherwise provide MDEG products
to health care facilities and agencies, practitioners, other providers
of health care, or MDEG providers in Nevada. An MDEG wholesaler may
not sell, lease or otherwise provide MDEG products to consumers.
8. "Respiratory equipment" means an MDEG product intended to assist
a consumer in the act of breathing or intended to introduce into the
lungs of a consumer a product or drug other than a medical gas. Section
2. NAC ch. 639 shall be amended to add the following new language:
1. An applicant for a license to engage in business as an MDEG
provider or MDEG wholesaler must submit an application to the board.
The application must be made on a form furnished by the board.
The application must include:
(a) The name, business address and telephone number of the applicant
and the physical address of the facility of the applicant if it is not
the same as the business address of the applicant;
(b) All trade or business names used by the applicant;
(c) The type of ownership or operation of the business;
(d) The name, address, telephone number, and social security number
of the facility administrator;
(e) If the applicant is:
(1) A natural person, the name of the person.
(2) A partnership, the name of the partnership and the name of each
general or limited partner.
(3) A corporation, the name and title of each officer and director of
the corporation, the corporate name and the state of incorporation and
the name of the corporation's parent company, if any.
(4) A sole proprietorship, the name of the sole proprietor and the name
of the business entity;
(f) Proof of insurance;
(g) The days and hours that the facility will be regularly operating;
and (h) All Medicare and Medicaid provider numbers registered to the
business or its owner.
2. The board shall not issue a license to conduct an MDEG provider
or MDEG wholesaler:
(a) To any actively practicing health professional; or
(b) To any partnership, corporation or association in which an actively
practicing health professional has a controlling interest or in which
ownership of 10 percent or more of the available stock is held by one
or more actively practicing health professionals.
3. If an MDEG provider receives, stores or ships MDEG products
from more than one facility, it must obtain a license for each facility.
4. An applicant shall submit to the board any change in the
information required by this section within 30 days after the change
occurs.
5. A license issued by the board pursuant to this section is
not transferable.
6. A license issued by the board pursuant to this section expires on
October 31 of each even numbered year and must be renewed before its
expiration.
Section 3. NAC ch. 639 shall be amended to add the following
new language:
1. An applicant for a license to engage in business as an MDEG provider
or MDEG wholesaler must pay the following fees: For the issuance of
an original license $300 For the biennial renewal of a license $200
2. The board may waive any or all of the license fee for any MDEG provider
that:
(a) Is a tax-exempt charitable organization recognized by the Internal
Revenue Service;
(b) Provides MDEG products to most or all of its consumers at no charge;
and (c) Verifies to the satisfaction of the board that 75% of its funds
are used for bona fide charitable purposes.
Section 4. NAC ch. 639 shall be amended to add the following
new language:
1. Each MDEG provider or MDEG wholesaler must have a facility
administrator at all times. The facility administrator shall be a natural
person who is employed by the MDEG provider or MDEG wholesaler at the
employer's facility at least 40 hours per week or for all regular business
hours if the facility is regularly open less than 40 hours per week.
The facility administrator shall assure that the operation of the facility
complies with all applicable state and federal laws, regulations, and
rules.
2. An MDEG provider or MDEG wholesaler must notify the board of the
cessation of employment of a facility administrator within 3 business
days after such cessation. An MDEG provider or MDEG wholesaler must
notify the board of the employment of a new facility administrator within
3 business days after such employment. An MDEG provider or MDEG wholesaler
may not operate for more than 10 business days without a facility administrator,
and the board may summarily suspend the operation of any facility that
operates without a facility administrator.
Section 5. NAC ch. 639 shall be amended to add the following
new language:
1. An MDEG provider shall:
(a) Employ a facility administrator and other personnel sufficient to
use, set up, repair, maintain, service, and otherwise provide the services
for all MDEG products sold, leased, or otherwise provided by the MDEG
provider;
(b) Assure that all personnel are trained to use, set up, repair, maintain,
service, train consumers, and otherwise provide the services for the
MDEG provider for which that personnel is allowed to serve consumers;
(c) Maintain an inventory of MDEG products adequate to serve the needs
of the consumers served by the MDEG provider;
(d) Maintain a physical premise at which it can store its inventory,
repair or service any equipment with which it deals, and keep all current
records related to its operation;
(e) Have at its facility a functioning lavatory with a toilet and a
sink with hot and cold water;
(f) Maintain its facility in a clean, orderly, and sanitary condition;
(g) Assure that its facility complies at all times with applicable federal
and state, county, and local laws, regulations, and rules, including,
but not limited to, fire codes, occupational safety rules, building
codes, and health and infection codes; and
(h) Maintain liability insurance of at least one million dollars ($1,000,000),
which must include product liability insurance if the MDEG provider
designs, fabricates, or manufactures it own MDEG products, or substantially
modifies commercially available MDEG products.
(i) Maintain a log or other document regarding all repairs made to MDEG
products provided by the MDEG provider. For each piece of repaired equipment,
the log or document shall identify:
(i) The type of equipment;
(ii) The manufacturer;
(iii) The model or model number;
(iv) The serial number;
(v) The date of the repair;
(vi) The specific repair made;
(vii) The name of the person or company who performed the repair; and
(viii) A certification that the equipment had been returned to manufacturer's
specifications as a result of the repair.
2. If the MDEG provider cannot certify that repaired equipment has been
returned to manufacturer's specifications as a result of the repair
as required pursuant to subsection 5(h) of this section, the MDEG provider
must:
(a) Determine whether the equipment can be safely and effectively used
for a limited purpose, in which case the MDEG provider must note that
the MDEG product can only be used for a limited purpose and must assure
that the equipment is only used for such a limited purpose; or
(b) Assure that the MDEG product is removed from service and is not
sold, given, or otherwise permanently provided to any person without
a written statement acknowledging that the MDEG product was repaired,
could not be brought up to manufacturer's specifications, and that the
MDEG product could not be used by the MDEG provider for the purposes
for which the MDEG product was intended.
3. Any device used by an MDEG provider to calibrate or test equipment
must be accurate and must be maintained according to the manufacturer's
directions and specifications. Scales used to weigh liquid oxygen reservoirs
must be accurate and must be certified annually by the Bureau of Weights
and Measures of the Department of Agriculture.
4. The physical premise of any MDEG provider must be open and accessible
to the public and the board at all times during its regular hours of
operation.
5. An MDEG provider must have and use a written procedure for addressing
consumer complaints that must include the maintaining of a complaint
file documenting all consumer complaints and the resolution of each
complaint.
Section 6. NAC ch. 639 shall be amended to add the following
new language:
1. An MDEG provider shall only provide MDEG products for which an order
of a practitioner is required to a consumer only after the receipt of
a bona fide order or prescription from a practitioner.
2. An MDEG provider may provide MDEG products for which an order of
a practitioner is not required to a consumer with or without a bona
fide order or prescription from a practitioner. If a written order or
prescription is received from a practitioner or if a written memorialization
of an oral order or prescription is made by the MDEG provider, the MDEG
provider must keep the written record as provided in this section.
3. For all medical devices and equipment to which the Food and Drug
Administration's medical device tracking requirements apply, the MDEG
provider must keep and maintain written records of the serial or tracking
numbers for the medical devices and equipment.
Section 7. NAC ch. 639 shall be amended to add the following
new language: All records made or kept pursuant to this section must
be:
(a) Kept in a file, chart, or other storage system such that the record
can be retrieved by reference to the consumer's name, the practitioner's
name, the date the product was provided, or the type of product;
(b) Retained for at least five years from the date they are made or
received; (c) Kept on the physical premises of the facility; and
(d) Readily retrievable upon request by a member of the board's staff
or other person conducting an inspection or investigation on the board's
behalf.
Section 8. NAC ch. 639 shall be amended to add the following
new language:
1. When an MDEG provider sells, leases or otherwise provides
an MDEG product to a consumer upon the written or oral order or prescription
from a health professional, the MDEG provider shall communicate with
the health professional to ascertain:
(a) The consumer's physical, functional and associated needs; and
(b) The therapeutic or ameliorative objectives to be met by the MDEG
product that will be provided by the MDEG provider.
2. When an MDEG provider sells, leases or otherwise provides an MDEG
product to a consumer, the MDEG provider shall communicate with the
consumer or his family, caregiver or agent to ascertain and assess:
(a) The safety of the environment in which the MDEG product will be
used; (b) The ability of the consumer or his family, caregiver or agent
to comply with the instructions of the consumer's health professional
and MDEG provider regarding the proper use of the MDEG product; and
(c) The ability of the consumer or his family, caregiver or agent to
clean and maintain the MDEG product.
3. The MDEG provider shall make a written record of all communications
made under this section. Section 9. NAC ch. 639 shall be amended to
add the following new language:
1. When providing an MDEG product, an MDEG provider shall delineate
the commercially available choices and, where appropriate, custom fabricated
choices to meet the objectives of the consumer to:
(a) The consumer, his family, or his agent;
(b) The consumer's primary caregiver; and
(c) The consumer's health professional.
2. When providing an MDEG product, an MDEG provider shall communicate
with and counsel the consumer, his agent, or his primary caregiver about
the proper use of the MDEG product, which counseling and communication
shall include, as appropriate:
(a) The set up and use of the MDEG product;
(b) The maintenance, servicing, cleaning and repair of the MDEG product;
(c) The name, telephone number, and other information regarding emergency,
subsequent or continuing care and service for the consumer and servicing
of the of the MDEG product;
(d) Cautions regarding the use or modification of the MDEG product;
(e) Information provided by the manufacturer of the MDEG product that
will facilitate optimal use of the MDEG product;
(f) Information regarding any warranty or other consumer protection
regarding the MDEG product;
(g) The material and pertinent financial terms regarding the sale, lease,
or other providing of the MDEG product; and (h) Any other information
that, in the judgment of the MDEG provider, will facilitate the safe
and optimal use of the MDEG product.
3. The MDEG provider shall make a written record of all communications
made under this section.
Section 10. NAC ch. 639 shall be amended to add the following
new language:
1. An MDEG provider that sells, leases or otherwise provides assistive
equipment shall:
(a) Make measurements using the appropriate instruments and techniques
to assure the optimal fit and function of the MDEG product to the consumer;
(b) Deliver, fit and adjust the MDEG product so that it is fully operable
when the MDEG provider leaves the consumer's premise;
(c) Teach and counsel the consumer, his family, or primary caregiver
regarding the use, maintenance, servicing, and cautions related to the
MDEG product;
(d) Provide all warranty information regarding the MDEG product, including
any warranty provided by the MDEG provider or any commercial warranty
available for the MDEG product; and
(e) Respond to a request for service or repair of the MDEG equipment
no later than three business days after the request is received by the
MDEG provider, except that such service or repair need not be provided
if the consumer's account is not current with the MDEG provider and
such exception is made in writing by the MDEG provider to the consumer.
2. An MDEG provider that sells, leases or otherwise provides assistive
equipment shall make and use quality assurance policies and procedures
that must include:
(a) The reviewing of custom designed and fabricated equipment and that
equipment's compatibility, utility, and safety when used with commercially
made equipment;
(b) The process of selection of materials used in custom designed and
modified equipment to assure that the materials are safe and durable;
and
(c) The making and keeping of records regarding the communications with
health professionals, consumers, and consumers' family and agents.
Section 11. NRS ch. 639 shall be amended to add the following
new language:
1. An MDEG provider that sells, leases or otherwise provides medical
gases and associated equipment or respiratory equipment shall:
(a) Comply with all applicable federal, state, and local laws regarding
the providing and transportation of such gases and equipment, including
all requirements regarding the tracking and recalling of gases and equipment;
(b) Comply with all applicable federal, state, and local laws regarding
transfilling and repackaging of such gases;
(c) Comply with all applicable federal, state, and local laws regarding
fire, building, and occupational safety;
(d) Provide only gases that are medical grade and that are intended
for human use and consumption only; and
(e) Service its equipment according the manufacturer's directions and
specifications and make and keep records regarding such servicing of
the equipment, regardless of where the equipment may be located at the
time that it is due for servicing.
2. Before providing any equipment under this section, an MDEG provider
shall verify that the equipment:
(a) Has been checked and is free of defect and operating within the
manufacturer's specifications;
(b) Has not been modified in any way that would jeopardize the effectiveness
or safety of the equipment;
(c) Does not present a hazard of fire or shock; and
(d) Has all warning labels and tags that were provided by the manufacturer
or seller of the equipment.
3. An MDEG provider that sells, leases or otherwise provides medical
gases and equipment or respiratory equipment shall make and use policies
and procedures that shall regard:
(a) The making and keeping of records for tracking and recall of all
gases dispensed, requiring:
(i) Recordation of the lot numbers and expiration dates for each cylinder
or unit of gas provided;
(ii) Maintenance of a written or computerized system to track and locate
all gases and equipment provided; and
(iii) Recordation of the serial numbers and model numbers of all equipment
provided;
(b) The maintaining and cleaning of equipment, requiring:
(i) Documentation that the function and safety of the equipment was
verified before it was provided to the consumer;
(ii) A protocol for cleaning and disinfecting equipment to remove aerobic
and anaerobic pathogens from the equipment to the manufacturer's specifications
for that equipment;
(iii) The making and keeping of a material safety data sheet for solutions
and products used in cleaning and disinfecting of the equipment;
(iv) Designated areas on the MDEG provider's premises that must be used
to store and keep separate clean and unclean equipment; and
(v) Designated areas on the MDEG provider's premises that must be used
to store quarantined equipment.
4. When an MDEG provider provides oxygen, the MDEG provider must also
provide an emergency supply of oxygen, supplies, and equipment to maintain
therapy while the primary gas and equipment is inoperable or unusable.
5. In addition to any communication and counseling required pursuant
to subsection 2 of section 9 of this regulation, an MDEG provider who
is providing medical gas and equipment or respiratory equipment must
counsel the consumer receiving the medical gas and equipment or respiratory
equipment regarding: (a) The cleaning of the equipment;
(b) The precautions, potential hazards, and warning signs of malfunctioning
or inadequately functioning equipment;
(c) The maintenance procedures for the equipment;
(d) The telephone number, contact name, and contact address for emergency
servicing or repair of the equipment and for routine servicing or repair
of the equipment; and
(e) The available written materials from the MDEG provider or the manufacturer
of the equipment.
Section 12. NAC ch. 639 shall be amended to add the following
new language: An MDEG provider who sells, leases or otherwise
provides life-sustaining equipment shall: 1. Maintain sufficient personnel
who are trained to service and repair the MDEG provider's life-sustaining
equipment in use and who are available at all times and days to service
and repair the life-sustaining equipment within one hour of any call
for service or repair; 2. Inform all consumers to whom the MDEG provider
has provided life-sustaining equipment of a toll-free telephone number
that the consumer may call at any time that the life-sustaining equipment
has malfunctioned; 3. Assure that written emergency information and
procedures is attached in some fashion to the life-sustaining equipment;
and 4. Provide the consumer with sufficient emergency supplies and equipment
necessary to sustain the consumer until the MDEG provider's personnel
can effect the servicing or repair of the life-sustaining equipment.
Section 13. NAC ch. 639 shall be amended to add the following new language:
An MDEG provider who sells, leases or otherwise provides parenteral
and enteral services and equipment shall: 1. Provide to a consumer orientation
and a written checklist regarding: (a) Instructions for use of the equipment;
(b) Cleaning procedures; (c) Safety precautions; and (d) Maintenance
procedures; 2. Return as necessary to the consumer's location to demonstrate
the use and other procedures regarding the MDEG product; and 3. Deliver
and review with the consumer written instructions from the MDEG provider
and the manufacturer to assure the proper use and maintenance of the
MDEG product.
Section 14. NAC ch. 639 shall be amended to add the following
new language: 1. An MDEG wholesaler shall:
(a) Employ a facility administrator and other personnel sufficient to
use, set up, repair, maintain, service, and otherwise provide the services
for all MDEG products sold, leased, or otherwise provided by the MDEG
wholesaler;
(b) Assure that all personnel are trained to use, set up, repair, maintain,
service, train MDEG providers, and otherwise provide the services for
the MDEG wholesaler for which that personnel is allowed to serve MDEG
providers; (c) Maintain an inventory of MDEG products adequate to serve
the needs of the MDEG providers served by the MDEG wholesaler;
(d) Maintain a physical premise at which it can store its inventory,
repair or service any equipment with which it deals, and keep all current
records related to its operation;
(e) Have at its facility a functioning lavatory with a toilet and a
sink with hot and cold water;
(f) Maintain its facility in a clean, orderly, and sanitary condition;
(g) Assure that its facility complies at all times with applicable federal
and state laws, regulations, and rules, including, but not limited to,
fire codes, occupational safety rules, building codes, and health and
infection codes; and (h) Maintain liability insurance of at least one
million dollars ($1,000,000), which must include product liability insurance
if the MDEG provider designs, fabricates, or manufactures it own MDEG
products, or substantially modifies commercially available MDEG products.
(i) Maintain a log or other document regarding all repairs made to MDEG
products provided by the MDEG wholesaler. For each piece of repaired
equipment, the log or document shall identify:
(i) The type of equipment;
(ii) The manufacturer;
(iii) The model or model number;
(iv) The serial number;
(v) The date of the repair;
(vi) The specific repair made;
(vii) The name of the person or company who performed the repair; and
(viii) A certification that the equipment had been returned to manufacturer's
specifications as a result of the repair.
2.
If the MDEG wholesaler cannot certify that repaired equipment
has been returned to manufacturer's specifications as a result
of the repair as required pursuant to subsection 5(h) of this
section, the MDEG wholesaler must: (a) Determine whether the
equipment can be safely and effectively used for a limited purpose,
in which case the MDEG wholesaler must note that the MDEG product
can only be used for a limited purpose and must assure that the
equipment is only used for such a limited purpose; or (b) Assure
that the MDEG product is removed from service and is not sold,
given, or otherwise permanently provided to any person without
a written statement acknowledging that the MDEG product was repaired,
could not be brought up to manufacturer's specifications, and that
the MDEG product could not be used by the MDEG wholesaler for the
purposes for which the MDEG product was intended. 3. Any device
used by an MDEG wholesaler to calibrate or test equipment must
be accurate and must be maintained according to the manufacturer's
directions and specifications. Scales used to weigh liquid oxygen
reservoirs must be accurate and must be certified annually by
the Bureau of Weights and Measures of the Department of Agriculture.
4. The physical premise of any MDEG wholesaler must be open and
accessible to the board at all times during its regular hours
of operation. 5. The owner of an MDEG wholesaler is responsible
for the acts of his facility administrator and personnel.
Section 15. NAC ch. 639 shall be amended to add
the following new language: 1. Any person who intends to sell MDEG
products to any consumer or MDEG provider in Nevada on a regular
basis who is located outside Nevada must apply for an appropriate
license under these regulations. Any MDEG provider or MDEG wholesaler
that is located outside Nevada must comply with these regulations
for any sale, lease, or other providing of MDEG product to any person
in Nevada. 2. Any MDEG provider or MDEG wholesaler that is located
out of Nevada must submit evidence with any application that it is
licensed, permitted, registered, or otherwise lawfully allowed by
its state of residence to engage in the same business for which it
is seeking licensure in Nevada.
Section 16. NAC ch. 639 shall be amended to add
the following new language: Any person or business that is not an
MDEG provider pursuant to subsection 6 of section 1 of this regulation
who sells, leases or otherwise provides an MDEG product to a consumer
must comply with all the provisions of these regulations related
to such sale, lease or other provision of that MDEG product as though
that person were an MDEG provider.
Section 17. NAC ch. 639 shall be amended to add the following
new language: 1. In addition to any acts in NAC 639.945 that are applicable
to MDEG providers or MDEG wholesalers, the following acts or practices
by an MDEG provider or and MDEG wholesaler are declared to be, specifically
but not by way of limitation, unprofessional conduct and conduct
contrary to the public interest: (a) Any violation of these regulations
or violation of any applicable federal, state, or local law related
to the practices of the MDEG provider or MDEG wholesaler; (b) Loss
of or failure to maintain or renew the required liability insurance;
(c) Practicing, condoning, facilitating or collaborating with any
form of unlawful discrimination against any person or group on the
basis of race, color, sex, sexual orientation, age, religion, national
origin, marital status or mental or physical handicap in the providing
of any service or product to a consumer; (d) Failing to maintain
the confidentiality of consumer information and disclosing such information
without a valid authorization except where such disclosure was compelled
by law; (e) Performing or allowing any employee or agent of the MDEG
provider or MDEG wholesaler to perform services beyond the person's
training, competency, ability, or knowledge; (f) Submitting any claim
for payment or reimbursement to any person or entity for products
or services that is fraudulent, deceitful, unnecessary, or for any
products or services not actually provided to an actual consumer;
(g) Violating any provision of the Code of Ethics of the American
Association for Homecare, a copy of which may be obtained by writing
to the American Association for Homecare, 625 Slaters Lane, Suite
200, Alexandria, Virginia 22314-1171; (h) Violating any provision
of the Code of Ethics of the Nevada Association of Medical Products
Suppliers, a copy of which may be obtained by writing to the Nevada
Association of Medical Products Suppliers, P.O. Box 61492, Boulder
City, Nevada 89006-1492; or (i) Engaging in any knowing or willful
offer, payment, solicitation, or receipt of any remuneration to induce
referrals of sales, lease, or other providing of DMEG products or
services by any MDEG provider, MDEG wholesaler, or health professional.
(j) Violating any provision of the Standards of Practice and the
Code of Ethics for the National Registry of Rehabilitation Technology
Suppliers which may be obtained by writing to the Nevada Association
of Medical Products Suppliers, PO Box 61492, Boulder City, Nevada
89006-1492. (k) Violating any provision of the set of requirements
that suppliers of durable medical equipment, prosthetics, orthotics,
or supplies (DMEPOS) must meet in order to obtain and retain Medicare
billing privileges. They are listed in Title 42, Part 424, Section
57 of the Code of Federal Regulations. 2. The owner of an MDEG provider
is responsible for the acts of his facility administrator and personnel.
Section 18. NAC ch. 639 shall be amended to add
the following new language: 1. The executive secretary of the board
may summarily suspend the license of an MDEG provider or MDEG wholesaler
upon receiving evidence sufficient to cause him to reasonably believe
that the MDEG provider or MDEG wholesaler is: (a) Operating its business
without liability insurance as required by these regulations; (b)
Operating its business without a license or a facility administrator;
or (c) Engaging in practices that are fraudulent or deceitful. 2.
The executive secretary shall notify the MDEG provider or MDEG wholesaler
in writing by the most expeditious method possible. The notice shall
inform the MDEG provider or MDEG wholesaler of: (a) The factual and
legal bases for the summary suspension; and (b) The right of the
MDEG provider or MDEG wholesaler to provide the executive secretary
with any evidence or information that would show that either the
factual or legal bases for the summary suspension are incorrect.
3. The executive secretary may take whatever action he deems reasonably
necessary to secure the MDEG products and premises and to assure
that the MDEG provider or MDEG wholesaler can no longer conduct business.
4. The executive secretary shall release the MDEG provider or MDEG
wholesaler from the summary suspension upon receiving evidence from
the MDEG provider or MDEG wholesaler that gives the executive secretary
reason to believe that the deficiency noted in the written notice
has been remedied. 5. Within ten days after summarily suspending
an MDEG provider's or MDEG wholesaler's license, the executive secretary
shall serve upon the MDEG provider or MDEG wholesaler an accusation
pursuant to NRS 639.241. The hearing on the accusation shall be set
for the next regularly scheduled meeting of the board.
Section 19. NAC ch. 639 shall be amended to add
the following new language: 1. Upon a change of the controlling interest
of an MDEG provider, the MDEG provider must: (a) Apply with the board
for a new license within five days of the completion of the sales
transaction; (b) Assure that all outstanding servicing, maintenance,
or repair obligations outstanding at the time of the purchase are
addressed without interruption or disruption to the service being
received by the consumer; and (c) Not operate the business except
to service, maintain, repair or otherwise satisfy the outstanding
obligations of the predecessor business until the new owner is licensed
by the board.
RICHARD
J. POZESKY - PRESIDENT
(702) 294-6680
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