reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.420 - Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

1. The Board shall issue a certificate as an alcohol and drug counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Pays the fees required pursuant to NRS 641C.470;
(c) Submits proof to the Board that the person:
(1) Is enrolled in a program in which he or she has completed at least 60 hours of credit toward the completion of a bachelor’s degree in a field of social science approved by the Board;
(2) Is enrolled in a program from which he or she will receive a master’s degree or doctoral degree in a field of social science approved by the Board; or
(3) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree that included at least 18 hours of credit specifically related to the practice of counseling persons with alcohol and other substance use disorders in a field of social science approved by the Board;
(d) Has received at least 6 hours of instruction relating to confidentiality and 6 hours of instruction relating to ethics; and
(e) Submits all information required to complete an application for a certificate.
2. A certificate as an alcohol and drug counselor intern is valid for 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3. A certified alcohol and drug counselor intern may, under the supervision of a licensed alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified alcohol and drug counselor who meets the requirements of paragraph (c) of subsection 4 of NRS 641C.390:
(a) Engage in the practice of counseling persons with alcohol and other substance use disorders; and
(b) Diagnose or classify a person as having an alcohol or other substance use disorder.
(Added to NRS by 1999, 3054; A 2003, 1165; 2005, 2763; 2007, 3069; 2013, 3293; 2015, 2274; 2017, 643; 2019, 4320)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.430 - Requirements for issuance of certificate.

The Board may issue a certificate as a problem gambling counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
(c) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
(d) Has completed at least 2,000 hours of supervised counseling of persons with an addictive disorder related to gambling in a setting approved by the Board;
(e) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;
(f) Presents himself or herself when scheduled for an interview at a meeting of the Board;
(g) Pays the fees required pursuant to NRS 641C.470; and
(h) Submits all information required to complete an application for a certificate.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is licensed as:
(1) A clinical social worker pursuant to chapter 641B of NRS;
(2) A clinical professional counselor pursuant to chapter 641A of NRS;
(3) A marriage and family therapist pursuant to chapter 641A of NRS;
(4) A physician pursuant to chapter 630 of NRS;
(5) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;
(6) A psychologist pursuant to chapter 641 of NRS;
(7) An alcohol and drug counselor pursuant to this chapter; or
(8) A clinical alcohol and drug counselor pursuant to this chapter;
(c) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
(d) Has completed at least 1,000 hours of supervised counseling of persons with an addictive disorder related to gambling in a setting approved by the Board;
(e) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all information required to complete an application for a certificate.
(Added to NRS by 2003, 1417; A 2005, 2764, 2814; 2007, 3069; 2015, 2275; 2019, 4320)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.433 - Expedited certificate by endorsement: Requirements; procedure for issuance; provisional certificate pending action on application.

1. The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a problem gambling counselor in the District of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a problem gambling counselor; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may, for any reason, grant a provisional certificate authorizing an applicant to practice as a problem gambling counselor in accordance with regulations adopted by the Board.
(Added to NRS by 2015, 3919; A 2019, 4322; 2021, 3505)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.435 - Period of validity of certificate; scope of practice authorized by certificate.

1. A certificate as a problem gambling counselor is valid for 2 years and may be renewed.
2. A certified problem gambling counselor may:
(a) Engage in the practice of counseling persons with an addictive disorder related to gambling;
(b) Assess and evaluate a person as having an addictive disorder related to gambling; and
(c) If approved by the Board, supervise certified problem gambling counselor interns.
(Added to NRS by 2003, 1418)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.440 - Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

1. The Board may issue a certificate as a problem gambling counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Submits proof to the Board that the person:
(1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or
(2) Is enrolled in a program at an accredited college or university from which he or she will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;
(c) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;
(d) Demonstrates that a certified problem gambling counselor approved by the Board or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331 has agreed to supervise him or her in a setting approved by the Board;
(e) Pays the fees required pursuant to NRS 641C.470; and
(f) Submits all information required to complete an application for a certificate.
2. A certificate as a problem gambling counselor intern is valid for 6 months and, except as otherwise provided in subsection 3, may be renewed.
3. A certificate as a problem gambling counselor intern issued to a person on the basis that the person is enrolled in a program at an accredited college or university from which he or she will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331:
(a) Engage in the practice of counseling persons with an addictive disorder related to gambling; and
(b) Assess and evaluate a person as having an addictive disorder related to gambling.
(Added to NRS by 2003, 1418; A 2005, 2765, 2814; 2015, 2275; 2019, 4323; 2023, 520)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.455 - Renewal of license or certificate: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

1. The Board may:
(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and
(b) Request each applicant to complete and electronically submit the data request to the Director.
2. The information provided by an applicant for the renewal of a license or certificate pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.
3. An applicant for the renewal of a license or certificate is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certificate, for failure to do so.
(Added to NRS by 2021, 809)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.460 - Procedure for renewal or restoration after date of expiration.

1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The Board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the Board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of NRS 641C.450 and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in NRS 641C.470.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. Except as otherwise provided in NRS 641C.530, a license or certificate that has expired may be restored if the applicant:
(a) Submits to the Board an application to restore the license or certificate;
(b) Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in NRS 641C.470;
(c) Passes the oral and written examinations prescribed by the Board;
(d) Submits to the Board evidence of completion of the continuing education required by the Board; and
(e) Submits all information required to complete the application.
(Added to NRS by 1999, 3056; A 2003, 1166; 2005, 2766)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.470 - Fees.

1. The Board shall charge and collect not more than the following fees:
For the initial application for a license or certificate, including a license or certificate by endorsement.......................................................................................................................... $150
For the issuance of a provisional license or certificate.................................... 125
For the issuance of an initial license or certificate, including a license or certificate by endorsement 60
For the renewal of a license or certificate as an alcohol and drug counselor, a license as a clinical alcohol and drug counselor or a certificate as a problem gambling counselor.................... 300
For the renewal of a certificate as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern or a problem gambling counselor intern............................................. 75
For the renewal of a delinquent license or certificate......................................... 75
For the restoration of an expired license or certificate..................................... 150
For the restoration or reinstatement of a suspended or revoked license or certificate 300
For the issuance of a license or certificate without examination................... 150
For an examination................................................................................................. 150
For the approval of a course of continuing education...................................... 150
2. Except as otherwise provided in subsection 3, if an applicant submits an application for a license or certificate by endorsement pursuant to NRS 641C.3306, 641C.356, 641C.396 or 641C.433, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and issuance of an initial license or certificate, as applicable.
3. If an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license or certificate by endorsement pursuant to NRS 641C.3306, 641C.356, 641C.396 or 641C.433, as applicable, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.
4. The fees charged and collected pursuant to this section are not refundable.
5. As used in this section, "veteran" has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 1999, 3056; A 2001, 219; 2003, 1166, 1421; 2007, 3070; 2015, 3040, 3921; 2021, 3506)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.530 - Reports of criminal history: Use by Board in making determinations concerning licensure and certification and disciplinary action; authority of Board to require submission of fingerprints to obtain reports; authority of Board to consider certain charges in evaluating applicant or licensee’s criminal history; regulations.

1. The Board may use any information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260 in determining whether:
(a) To issue, renew, restore, suspend, revoke or reinstate a license or certificate pursuant to this chapter; or
(b) Any ground for imposing any disciplinary action exists pursuant to NRS 641C.700.
2. Before renewing, restoring or reinstating the license or certificate of a licensed counselor, certified counselor or certified intern, the Board may, by regulation, require the licensed counselor, certified counselor or certified intern to submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. Except as otherwise provided in this subsection, in reviewing the information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260, the Board may consider any original charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act regardless of whether the person was convicted of, or entered a plea of guilty or nolo contendere to, a lesser charge. The Board shall not consider a charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act for which, in the absence of a plea of guilty or nolo contendere to a lesser charge:
(a) The applicant, licensed counselor, certified counselor or certified intern was found not guilty; or
(b) The charges against the applicant, licensed counselor, certified counselor or certified intern were dismissed.
(Added to NRS by 2003, 1164; A 2015, 2276)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.540 - Inactive status: Application; effect; regulations.

1. The holder of a license or certificate issued by the Board, other than a certified intern, may apply to the Board to have his or her license or certificate placed on inactive status. The Board may grant the application if the license or certificate is in good standing and the holder of the license or certificate has met all requirements for the issuance or renewal of the license or certificate as of the date of the application.
2. If an application is granted pursuant to subsection 1, the holder of the license or certificate shall not engage in any work or activities that require a license or certificate issued by the Board in this State unless the license or certificate is first returned to active status.
3. The Board shall adopt regulations prescribing the:
(a) Procedure for submitting an application pursuant to this section;
(b) Procedure and terms upon which a person whose license or certificate has been placed on inactive status may resume work or activities that require a license or certificate;
(c) Length of time that a license or certificate may remain on inactive status; and
(d) Fees for the renewal of the inactive status of a license or certificate.
(Added to NRS by 2017, 642)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.600 - Inquiry into and documentation of veteran status of new adult clients; provision of contact information for Department of Veterans Services.

1. An alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor may:
(a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and
(b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.
2. As used in this section, "veteran" has the meaning ascribed to it in NRS 417.125.
(Added to NRS by 2019, 2694)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.620 - Duty of alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor who diagnoses client as having opioid use disorder to counsel and provide certain information to client and refer client for medication-assisted treatment upon request.

1. Upon diagnosing a client as having an opioid use disorder, an alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor shall counsel and provide information to the client concerning evidence-based treatment for opioid use disorders, including, without limitation, medication-assisted treatment.
2. If the client requests medication-assisted treatment, the alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor shall refer the client to a physician, osteopathic physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse or pharmacist who is authorized under federal and state law to prescribe an appropriate medication.
3. As used in this section, "medication-assisted treatment" has the meaning ascribed to it in NRS 639.28079.
(Added to NRS by 2023, 2369)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.700 - Grounds for disciplinary action.

The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:
1. Conviction of:
(a) A felony relating to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
(c) Documenting the continuing education required to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;
3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. Any alcohol or other substance use disorder that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;
6. Engaging in the practice of counseling persons with alcohol and other substance use disorders, the practice of counseling persons with an addictive disorder related to gambling or the clinical practice of counseling persons with alcohol and other substance use disorders with an inactive, expired, suspended or revoked license or certificate;
7. Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board; and
8. The operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
This subsection applies to an owner or other principal responsible for the operation of the facility.
(Added to NRS by 1999, 3057; A 2003, 2716; 2007, 3071; 2009, 903; 2017, 644)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.710 - Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person, the Board shall deem the license or certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. Except as otherwise provided in NRS 641C.530, the Board shall reinstate a license or certificate that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1999, 3059; A 2003, 1167; 2005, 2809)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.720 - Filing of complaint; authorized disciplinary action; reinstatement of suspended or revoked license or certificate; private reprimands prohibited; orders imposing discipline deemed public records; retention of complaints.

1. The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
2. If, after notice and a hearing as required by law, the Board determines that a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a) Administer a public reprimand;
(b) Suspend the license or certificate and impose conditions for the removal of the suspension;
(c) Revoke the license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d) If he or she is a licensed or certified counselor, require him or her to be supervised by another person while engaging in the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;
(e) Require him or her to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him or her to pay restitution to any person adversely affected by his or her acts or omissions;
(g) Impose a fine of not more than $5,000; or
(h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.
3. If a license or certificate is revoked or suspended pursuant to subsection 2, the licensed or certified counselor or certified intern may apply to the Board for reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or certificate. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
4. The Board shall not administer a private reprimand.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
6. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
(Added to NRS by 1999, 3057; A 2003, 3459; 2005, 795; 2007, 3071; 2009, 904)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.730 - Subpoenas: Issuance; enforcement; penalty for failure to obey.

1. The Board may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which a hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpoena issued by the Board.
3. If a witness refuses to attend or testify or to produce any books or papers required by a subpoena, the Board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the Board pursuant to this section;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing; and
(d) The Board therefore requests an order of the court compelling the witness to attend and testify or produce the books and papers before the Board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and to show cause why the witness has not attended or testified or produced the books or papers before the Board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the Board, the court shall enter an order that the witness appear before the Board at the time and place fixed in the order, and testify or produce the required books or papers. The failure to obey the order is a contempt of the court that issued it.
(Added to NRS by 1999, 3059)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.740 - Payment of fees and mileage for witnesses.

Each witness who appears by an order of the Board is entitled to receive for his or her attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If a witness who has not been required to attend at the request of any party is subpoenaed by the Board, his or her fees and mileage must be paid from the money of the Board.
(Added to NRS by 1999, 3059)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.760 - Confidentiality of certain records of Board; exceptions.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, 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 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 provisions of this section do not prohibit the Board from communicating or cooperating with or providing 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.
(Added to NRS by 1999, 3058; A 2003, 3460; 2005, 796; 2007, 2145)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.900 - Unlawful to engage in practice of counseling persons with alcohol and other substance use disorders, clinical practice of counseling persons with alcohol and other substance use disorders or practice of counseling persons with an addictive disorder related to gambling without being licensed or certified.

A person shall not engage in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling unless the person is a licensed counselor, certified counselor or certified intern.
(Added to NRS by 1999, 3054; A 2003, 1422; 2007, 3072; 2015, 2277)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.910 - Unlawful to engage in certain acts, use certain titles or make certain representations without being licensed or certified; injunctive relief.

1. A person shall not:
(a) Hold himself or herself out to a member of the general public as a clinical alcohol and drug counselor, a clinical alcohol and drug counselor intern, an alcohol and drug counselor, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern;
(b) Use the title "clinical alcohol and drug counselor," "clinical alcohol and drug counselor intern," "alcohol and drug counselor," "alcohol and drug counselor intern," "drug counselor," "substance use counselor," "problem gambling counselor," "problem gambling counselor intern," "gambling counselor" or any similar title in connection with his or her work;
(c) Imply in any way that he or she is licensed or certified by the Board;
(d) Engage in the practice of counseling persons with alcohol and other substance use disorders;
(e) Engage in the clinical practice of counseling persons with alcohol and other substance use disorders; or
(f) Engage in the practice of counseling persons with an addictive disorder related to gambling,
unless the person is licensed or certified by the Board pursuant to the provisions of this chapter.
2. If the Board believes that any person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates a provision of this chapter or a regulation adopted pursuant thereto.
(Added to NRS by 1999, 3060; A 2003, 1167, 1422; 2007, 3072; 2015, 2277)
2023 Nevada Revised Statutes › Chapter 641C - Alcohol, Drug and Gambling Counselors › NRS 641C.960 - Additional penalties.

In addition to any criminal penalty that may be imposed for a violation of NRS 641C.900 or 641C.910, the Board, after notice and a hearing, may:
1. Issue an order against any person who has violated NRS 641C.900 or 641C.910, imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this subsection must be deposited in the State General Fund.
2. Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate and otherwise demonstrates that he or she is no longer in violation of NRS 641C.900 or 641C.910, as applicable. An order to cease and desist must include a telephone number by which the person may contact the Board.
3. Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this section. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
4. Impose any combination of the penalties set forth in subsections 1, 2 and 3.
(Added to NRS by 2017, 642)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641D.020 to 641D.100, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.001)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.020 - "Assistant behavior analyst" defined.

"Assistant behavior analyst" means a person who 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, and is licensed as an assistant behavior analyst pursuant to this chapter.
(Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.005)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.030 - "Behavior analyst" defined.

"Behavior analyst" means a person who holds current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst pursuant to this chapter.
(Added to NRS by 2017, 4220; A 2019, 2534; 2021, 1625)—(Substituted in revision for NRS 437.010)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.050 - "Community" defined.

"Community" means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assistant behavior analyst or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst or registered behavior technician has his or her office.
(Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.020)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.060 - "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)—(Substituted in revision for NRS 437.030)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.070 - "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)—(Substituted in revision for NRS 437.035)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.080 - "Practice of applied behavior analysis" defined.

1. "Practice of applied behavior analysis" means the design, implementation and evaluation of instructional and environmental modifications to produce socially significant improvement in human behavior, including, without limitation:
(a) The empirical identification of functional relations between environment and behavior;
(b) 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; and
(c) The use of interventions based on scientific research and the direct and indirect observation and measurement of relations between environment and behavior.
2. The term does not include diagnosis, psychological testing, psychotherapy, cognitive therapy, psychoanalysis or counseling.
(Added to NRS by 2017, 4221; A 2019, 2535; 2021, 1625)—(Substituted in revision for NRS 437.040)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.090 - "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)—(Substituted in revision for NRS 437.045)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.100 - "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. Engages in applied behavior analysis services under supervision as required by NRS 641D.610.
(Added to NRS by 2017, 4221; A 2019, 2535; 2021, 1625)—(Substituted in revision for NRS 437.050)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.110 - 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 chapter 640A of NRS;
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, guardian or caregiver of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or
11. An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the duties of his or her position,
if such a person does not commit an act described in NRS 641D.910 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; 2021, 801, 1625; 2023, 440)—(Substituted in revision for NRS 437.060)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.120 - 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 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; 2021, 1626)—(Substituted in revision for NRS 437.065)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.130 - 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)—(Substituted in revision for NRS 437.070)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.200 - 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) Three voting members who are behavior analysts licensed in this State.
(b) One voting member who is a behavior analyst or an assistant behavior analyst licensed in this State.
(c) 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; A 2021, 1627, 1630)—(Substituted in revision for NRS 437.100 and 437.150)