reglab/housing_qa huggingface dataset:
NV Rev Stat § 437.030 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.030 - "Gross malpractice" defined.

Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:  1. Practicing applied behavior analysis with a patient while the behavior analyst, assistant behavior analyst or registered behavior technician is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;  2. Gross negligence;  3. Willful disregard of established methods and procedures in the practice of applied behavior analysis; or  4. Willful and consistent use of methods and procedures considered by behavior analysts, assistant behavior analysts or registered behavior technicians, as applicable, in the community to be inappropriate or unnecessary in the cases where used.  (Added to NRS by 2017, 4220; A 2019, 2535)
NV Rev Stat § 437.035 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.035 - "Malpractice" defined.

Malpractice means failure on the part of a behavior analyst, assistant behavior analyst or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analysts or registered behavior technicians, as applicable, in good standing in the community.  (Added to NRS by 2017, 4220; A 2019, 2535)
NV Rev Stat § 437.040 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.040 - "Practice of applied behavior analysis" defined.

Practice of applied behavior analysis means the design, implementation and evaluation of instructional and environmental modifications based on scientific research and observations of behavior and the environment to produce socially significant improvement in human behavior, including, without limitation:  1. The empirical identification of functional relations between environment and behavior; and  2. The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.  The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or registered behavior technician.  (Added to NRS by 2017, 4221; A 2019, 2535)
NV Rev Stat § 437.045 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.045 - "Professional incompetence" defined.

Professional incompetence means lack of ability to practice applied behavior analysis safely and skillfully arising from:  1. Lack of knowledge or training;  2. Impaired physical or mental ability; or  3. Dependence upon an alcoholic beverage as defined in NRS 202.015 or any controlled substance.  (Added to NRS by 2017, 4221)
NV Rev Stat § 437.050 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.050 - "Registered behavior technician" defined.

Registered behavior technician means a person who:  1. Is certified as a registered behavior technician by the Behavior Analyst Certification Board, Inc., or its successor organization;  2. Is registered as such pursuant to this chapter; and  3. Provides behavioral therapy under the supervision of:  (a) A licensed psychologist;  (b) A licensed behavior analyst; or   (c) A licensed assistant behavior analyst.  (Added to NRS by 2017, 4221; A 2019, 2535)
NV Rev Stat § 437.055 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.055 - "State certified behavior interventionist" defined.

Repealed. (See chapter 410, Statutes of Nevada 2019, at page 2567.)
NV Rev Stat § 437.060 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.060 - Applicability of chapter.

The provisions of this chapter do not apply to:  1. A physician who is licensed to practice in this State;  2. A person who is licensed to practice dentistry in this State;  3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;  4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;  5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;  6. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;  7. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;  8. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;   9. Any member of the clergy;  10. A family member of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or  11. A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,   if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.  (Added to NRS by 2017, 4221; A 2019, 2536)
NV Rev Stat § 437.065 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.065 - Exemptions from requirements for licensure and registration.

  1. A person is not required to be licensed or registered pursuant to this chapter if he or she:  (a) Provides behavior modification services or training exclusively to animals and not to natural persons;  (b) Provides generalized applied behavior analysis services to an organization but does not otherwise separately provide such services directly to natural persons;   (c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not otherwise separately provide applied behavior analysis services directly to natural persons;  (d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not otherwise separately provide applied behavior analysis services directly to natural persons; or  (e) Conducts academic research relating to applied behavior analysis as a primary job responsibility but does not otherwise separately provide applied behavior analysis services directly to natural persons.  2. A person described in subsection 1:  (a) May refer to himself or herself as a behavior analyst; and  (b) Shall not represent or imply that he or she is licensed or registered pursuant to this chapter.  (Added to NRS by 2017, 4222; A 2019, 2536)
NV Rev Stat § 437.070 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.070 - Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision.

  1. A person who has matriculated at an accredited college or university and is not licensed or registered pursuant to this chapter may practice applied behavior analysis under the direct supervision of a licensed behavior analyst as part of:  (a) A program in applied behavior analysis offered by the college or university in which he or she is enrolled; or  (b) An internship or fellowship.  2. A person described in subsection 1:  (a) Shall clearly identify himself or herself to any person to whom he or she provides applied behavior analysis services as a student, intern, trainee or fellow; and  (b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician, or represent or imply that he or she is licensed or registered pursuant to this chapter.  (Added to NRS by 2017, 4222; A 2019, 2537)
NV Rev Stat § 437.075 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.075 - Duty of licensee or registrant to limit practice to areas of competence; regulations.

  1. A licensed behavior analyst or assistant behavior analyst or registered behavior technician shall limit his or her practice of applied behavior analysis to his or her areas of competence, as documented by education, training and experience.  2. The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.  (Added to NRS by 2017, 4224; A 2019, 2537)
NV Rev Stat § 437.100 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.100 - Creation; membership; terms; meetings; officers; immunity.

  1. The Board of Applied Behavior Analysis is hereby created.  2. The Governor shall appoint to the Board:  (a) Four voting members who are behavior analysts licensed in this State.  (b) One voting member who is a representative of the general public who is interested in the practice of applied behavior analysis. This member must not be a behavior analyst or assistant behavior analyst, an applicant or a former applicant for licensure as a behavior analyst or assistant behavior analyst, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a behavior analyst or assistant behavior analyst, or a member of a household that includes a behavior analyst or assistant behavior analyst.  3. After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.  4. The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.  5. At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.  6. A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.  (Added to NRS by 2017, 4223)
NV Rev Stat § 437.105 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.105 - Salary of members; per diem allowance and travel expenses of members and employees.

  1. Each member of the Board is entitled to receive:  (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and  (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.  2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.  3. Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter and no part thereof may be paid out of the State Treasury.  (Added to NRS by 2017, 4223)
NV Rev Stat § 437.110 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.110 - Rules and regulations.

The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure or registration of applicants, the granting, refusal, revocation or suspension of licenses or registrations and the practice of applied behavior analysis.  (Added to NRS by 2017, 4224; A 2019, 2537)
NV Rev Stat § 437.130 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.130 - Enforcement: Authority and duties of Board; delegation of certain duties of Board to Division; duties of Division.

  1. Except as otherwise provided in subsection 2, the Board shall enforce the provisions of this chapter and may, under the provisions of this chapter:  (a) Examine and pass upon the qualifications of applicants for licensure and registration.  (b) License and register qualified applicants.  (c) Revoke or suspend licenses and registrations.  2. Except as otherwise provided in this subsection, the Board may delegate to the Division, in whole or in part, any duty prescribed by subsection 1. The Board must make the final determination concerning the suspension or revocation of a license or registration or the imposition of any other disciplinary action.  3. The Division shall:  (a) Collect applications and fees and make disbursements pursuant to this chapter;   (b) With the approval of the Board, conduct investigations of licensees and registrants; and  (c) Perform any duty delegated by the Board pursuant to subsection 2.  (Added to NRS by 2017, 4224; A 2019, 2537)
NV Rev Stat § 437.135 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.135 - Division authorized to hold hearings, conduct investigations and take evidence with approval of Board.

In a manner consistent with the provisions of chapter 622A of NRS and with the approval of the Board, the Division may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.  (Added to NRS by 2017, 4225; A 2019, 2538)
NV Rev Stat § 437.140 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.140 - Board to prescribe fees by regulation; deposit and use of money.

  1. The Board shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license or registration and any other services provided by the Division pursuant to this chapter. The Board shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board and the Division under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 437.105, and does not exceed the amount necessary to pay those costs.  2. Money received from the licensure of behavior analysts and assistant behavior analysts and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund. The account must be administered by the Division. Money in the account must be expended solely for the purposes of this chapter and does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money in the account.  (Added to NRS by 2017, 4224; A 2019, 2538)
NV Rev Stat § 437.145 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.145 - Records: Duties of Division; custody and inspection; confidentiality of certain records; exceptions.

  1. The Division shall make and keep:  (a) A record of all violations and prosecutions under the provisions of this chapter.  (b) A register of all licenses and registrations.  (c) A register of all holders of licenses and registrations.  2. These records must be kept in an office of the Division and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.  3. Except as otherwise provided in NRS 239.0115, the Division may keep the personnel records of applicants confidential.  4. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, all documents and other information 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 Division requesting that such documents and information be made public records.  5. The charging documents filed with the Division to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Division and the Board when determining whether to impose discipline are public records.  6. The provisions of this section do not prohibit the Division or the Board from communicating or cooperating with or providing any documents or other information to any licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.  (Added to NRS by 2017, 4222; A 2019, 2538)
NV Rev Stat § 437.150 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.150 - Immunity from civil liability.

An employee or agent of the Division is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Division pursuant to the provisions of this chapter.  (Added to NRS by 2017, 4225)
NV Rev Stat § 437.205 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.205 - Qualifications of applicant; Board to evaluate application and issue statement of determination; contents of statement; regulations.

  1. Except as otherwise provided in NRS 437.215 and 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:  (a) Is of good moral character as determined by the Board.  (b) Holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.  2. Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:  (a) Is of good moral character as determined by the Board.  (b) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.  3. Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization. The Board shall not require any additional education or training for registration as a registered behavior technician.  4. Except as otherwise provided in NRS 437.215 and 437.220, within 120 days after the Division receives an application and the accompanying evidence, the Board shall:  (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure or registration; and  (b) Issue a written statement to the applicant of its determination.  5. If the Board determines that the qualifications of the applicant are insufficient for licensure or registration, the written statement issued to the applicant pursuant to subsection 4 must include a detailed explanation of the reasons for that determination.  (Added to NRS by 2017, 4226; A 2019, 2540, 4342)
NV Rev Stat § 437.207 (2021)
2021 Nevada Revised Statutes|Chapter 437 - Applied Behavior Analysis|NRS 437.207 - Board prohibited from denying application based solely on immigration or citizenship status of applicant; applicant without social security number to provide alternative personally identifying number; confidentiality of number.

  1. The Board shall not deny the application of a person for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician pursuant to NRS 437.200 based solely on his or her immigration or citizenship status.  2. Notwithstanding the provisions of NRS 437.210, an applicant for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician.  3. The Board and the Division shall not disclose to any person who is not employed by the Board or the Division the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:  (a) Tax purposes;  (b) Licensing purposes; and  (c) Enforcement of an order for the payment of child support.  4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Board or the Division is confidential and is not a public record for the purposes of chapter 239 of NRS.  (Added to NRS by 2019, 4342)