reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.210 - Required orientation for new members of Board; policies concerning compensation and performance review of staff.

The Board shall:
1. Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. Such orientation must include, without limitation, instruction concerning:
(a) The purpose of the Board and the duties of its members;
(b) Any applicable laws and regulations, including, without limitation, the provisions of NRS 641D.700 to 641D.880, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and
(c) Any requirements relating to managing the finances of the Board.
2. Establish policies relating to compensation and reviewing the performance of the staff of the Board.
(Added to NRS by 2021, 1624)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.220 - 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)—(Substituted in revision for NRS 437.105)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.230 - Deposit and use of money received by Board.

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 for purposes relating to the duties of the Board under the provisions of this chapter must be deposited by the Secretary-Treasurer of the Board in a bank, credit union, savings and loan association or savings bank in this State to be expended for payment of compensation and expenses of the members and employees of the Board and for any other necessary purpose in the administration of this chapter.
(Added to NRS by 2017, 4224; A 2019, 2538; 2021, 1628)—(Substituted in revision for part of NRS 437.140)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.240 - 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)—(Substituted in revision for NRS 437.110)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.250 - Duty to enforce chapter; general powers.

The Board shall enforce the provisions of this chapter and may, under the provisions of this chapter:
1. Examine and pass upon the qualifications of applicants for licensure and registration;
2. License and register qualified applicants;
3. Revoke or suspend licenses and registrations or impose other disciplinary action;
4. Collect applications and fees and make disbursements pursuant to this chapter; and
5. Conduct investigations related to the duties of the Board under this chapter and take evidence on any matter under inquiry before the Board.
(Added to NRS by 2017, 4224; A 2019, 2537; 2021, 1627)—(Substituted in revision for NRS 437.130)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.260 - Board authorized to contract to carry out provisions of chapter.

The Board may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter. The purposes of such a contract may include, without limitation:
1. To obtain assistance in processing applications for the issuance or renewal of a license;
2. To obtain technical assistance;
3. To facilitate cooperation with another board or licensing entity in this State or any other jurisdiction;
4. To obtain recommendations to improve and standardize procedures used by the Board; and
5. To obtain assistance in identifying resources for improving the operations of the Board.
(Added to NRS by 2021, 1624)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.270 - Records: Duties of Board; inspection; confidentiality of certain records; exceptions.

1. The Board 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. Except as otherwise provided in this section, the records described in subsection 1 are subject to public inspection during normal working hours upon reasonable notice.
3. Except as otherwise provided in NRS 239.0115, the Board 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 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.
5. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.
6. The provisions of this section do not prohibit 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; 2021, 1629)—(Substituted in revision for NRS 437.145)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.300 - Application and fee; investigation of applicant.

1. Each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must:
(a) Make application to the Board upon a form and in a manner prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board pursuant to NRS 641D.380 and include all information required to complete the application.
(b) As part of the application and at his or her own expense:
(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and
(2) Submit to the Board:
(I) 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 a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or
(II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.
2. The Board may:
(a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and
(b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.
3. An application is not considered complete and received for purposes of evaluation pursuant to subsection 4 of NRS 641D.310 until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.
(Added to NRS by 2017, 4225; A 2019, 2539; 2021, 1630)—(Substituted in revision for NRS 437.200)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.310 - Qualifications of applicant; Board required to evaluate application and issue statement of determination; contents of statement.

1. Except as otherwise provided in NRS 641D.340 and 641D.350, 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 or Board Certified Behavior Analyst - Doctoral 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 by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and will be supervised by a person authorized by subsection 2 of NRS 641D.610 to provide such supervision. The Board shall not require any additional education or training for registration as a registered behavior technician.
4. Except as otherwise provided in NRS 641D.340 and 641D.350, within 120 days after the Board 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; 2021, 1631)—(Substituted in revision for NRS 437.205)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.320 - Board prohibited from denying application based solely on immigration or citizenship status of applicant; applicant without social security number required 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 641D.300 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 641D.330, 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 shall not disclose to any person who is not employed by the Board 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 is confidential and is not a public record for the purposes of chapter 239 of NRS.
(Added to NRS by 2019, 4342; A 2021, 1632)—(Substituted in revision for NRS 437.207)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.340 - Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance.

1. The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States.
2. An applicant for a license 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 any state or territory in which the applicant currently holds or has held a license as a behavior analyst or by the Behavior Analyst Certification Board, Inc., or its successor organization; 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 641D.300;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fee prescribed by the Board pursuant to the regulations adopted pursuant to NRS 641D.380; and
(e) Any other information required by the Board.
3. Not later than 30 business days after the Board receives an application for a license by endorsement as a behavior analyst 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 license by endorsement as a behavior analyst to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,
whichever occurs later.
(Added to NRS by 2017, 4227; A 2019, 2541, 4343; 2021, 1633)—(Substituted in revision for NRS 437.215)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.350 - Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States; and
(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.
2. An applicant for a license 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 license as a behavior analyst or by the Behavior Analyst Certification Board, Inc., or its successor organization; 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 641D.300;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fee prescribed by the Board pursuant to the regulations adopted pursuant to NRS 641D.380; and
(e) Any other information required by the Board.
3. Not later than 30 business days after the Board receives an application for a license by endorsement as a behavior analyst 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 license by endorsement as a behavior analyst to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,
whichever occurs later.
4. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.
5. As used in this section, "veteran" has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 2017, 4228; A 2019, 2542, 4344; 2021, 1634)—(Substituted in revision for NRS 437.220)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.370 - Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension.

1. The license of any behavior analyst or assistant behavior analyst or the registration of a registered behavior technician who fails to pay the biennial fee for the renewal of a license or registration within 60 days after the date it is due is automatically suspended. The Board may, within 2 years after the date the license or registration is so suspended, reinstate the license or registration upon payment to the Board of the amount of the then current biennial fee for the renewal of a license or registration and the amount of the fee for the restoration of a license or registration so suspended. If the license or registration is not reinstated within 2 years, the Board may reinstate the license or registration only if it also determines that the holder of the license or registration is competent to practice as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable.
2. A notice must be sent to any person who fails to pay the biennial fee, informing the person that his or her license or registration is suspended.
(Added to NRS by 2017, 4230; A 2019, 2544; 2021, 1636)—(Substituted in revision for NRS 437.335)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.380 - Fees; regulations.

1. The Board shall prescribe, by regulation, fees for any services provided by the Board pursuant to this chapter and the following fees, which must not exceed:
Application for licensure as a behavior analyst or assistant behavior analyst $100
Issuance of an initial license as a behavior analyst or assistant behavior analyst 450
Biennial renewal or reinstatement of a license as a behavior analyst........... 550
Biennial renewal or reinstatement of a license as an assistant behavioral analyst 425
Biennial renewal or reinstatement of a registration as a registered behavior technician 100
Placement of a license on inactive status........................................................... 100
Biennial review of a license on inactive status.................................................. 100
Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed.. 300
Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed 100
Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed 175
Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed 40
Reproduction and mailing of material for an application.................................. 25
A dishonored check.................................................................................................. 35
A change of name on a license or registration..................................................... 25
A duplicate license or registration......................................................................... 25
Copies of the provisions of NRS relating to the practice of applied behavior analysis and the rules and regulations adopted by the Board......................................................................................... 25
Letter of good standing............................................................................................ 15
Review and approval of a course or program of continuing education........... 25
2. The Board shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 641D.220, and does not exceed the amount necessary to pay those costs.
(Added to NRS by 2017, 4224; A 2019, 2538; 2021, 1628; 2023, 2077)—(Substituted in revision for part of NRS 437.140)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.600 - Duties of licensee or registrant to limit practice to areas of competence and comply with certain ethical requirements; regulations.

1. A licensed behavior analyst or assistant behavior analyst 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. A registered behavior technician shall only perform duties that his or her supervising behavior analyst or assistant behavior analyst has deemed the registered behavior technician competent to perform.
3. 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.
4. A licensed behavior analyst or assistant behavior analyst or registered behavior technician shall comply with any applicable requirements concerning ethics prescribed by the Behavior Analyst Certification Board, Inc., or its successor organization.
(Added to NRS by 2017, 4224; A 2019, 2537; 2021, 1626)—(Substituted in revision for NRS 437.075)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.610 - Limitations on practice of assistant behavior analyst or registered behavior technician; requirements concerning supervision.

1. A licensed assistant behavior analyst shall not engage in or supervise the practice of applied behavior analysis except under the supervision of:
(a) A licensed psychologist who:
(1) Is certified as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization; and
(2) Has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor; or
(b) A licensed behavior analyst who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.
2. A registered behavior technician shall not engage in the practice of applied behavior analysis except under the supervision of:
(a) A psychologist described in paragraph (a) of subsection 1;
(b) A behavior analyst described in paragraph (b) of subsection 1; or
(c) A licensed assistant behavior analyst who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.
3. A psychologist, behavior analyst or assistant behavior analyst who provides supervision pursuant to this section must comply with the requirements prescribed by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, concerning supervision.
(Added to NRS by 2017, 4236; A 2019, 2551; 2021, 1642)—(Substituted in revision for NRS 437.505)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.710 - Regulations concerning additional grounds for disciplinary action.

The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician in addition to those prescribed by NRS 641D.700.
(Added to NRS by 2017, 4231; A 2019, 2546)—(Substituted in revision for NRS 437.405)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.720 - Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records.

1. If the Board or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, the Board may:
(a) Administer a public reprimand.
(b) Limit the person’s practice.
(c) Suspend the person’s license or registration for a period of not more than 1 year.
(d) Revoke the person’s license or registration.
(e) Impose a fine of not more than $5,000.
(f) Revoke or suspend the person’s license or registration and impose a monetary penalty.
(g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.
(i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.
(j) Require the person to pay for the costs of remediation or restitution.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
(Added to NRS by 2017, 4231; A 2019, 2546; 2021, 1637)—(Substituted in revision for NRS 437.410)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.730 - Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [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 and permits issued to a person who is the holder of a license or registration issued pursuant to this chapter, the Board shall deem the license or registration issued to that person 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 holder of the license or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license or registration issued pursuant to this chapter 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 whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2017, 4232; A 2019, 2546; 2021, 1638)—(Substituted in revision for NRS 437.415)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.740 - Service of process; publication of notice.

1. Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the Board, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the person upon whom process is to be served, or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter must be filed with the Board.
(Added to NRS by 2017, 4232; A 2021, 1638)—(Substituted in revision for NRS 437.420)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.750 - Subpoenas.

1. The Board or a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.
2. If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may file a petition with the district court stating that:
(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,
and asking for an order of the court compelling the witness to attend and testify before the Board or panel or a hearing officer, or produce the articles as required by the subpoena.
3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Board or panel or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 2017, 4232; A 2019, 2547; 2021, 1638)—(Substituted in revision for NRS 437.425)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.760 - Complaints: Filing; retention.

1. The Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.
2. 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 2017, 4233; A 2019, 2547; 2021, 1639)—(Substituted in revision for NRS 437.430)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.770 - Complaints: Review; authority to retain Attorney General to investigate.

When a complaint is filed with the Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Board may:
1. Retain the Attorney General to investigate the complaint; and
2. If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.
(Added to NRS by 2017, 4233; A 2019, 2548; 2021, 1639)—(Substituted in revision for NRS 437.435)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.780 - Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; provision of written summary concerning violation to Attorney General; administrative fine; appeal of citation.

1. The Board shall conduct an investigation of each complaint filed pursuant to NRS 641D.760 which sets forth reason to believe that a person has violated NRS 641D.900.
2. If, after an investigation, the Board determines that a person has violated NRS 641D.900, the Board:
(a) May:
(1) Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641D.900 until the person obtains the proper license or registration; and
(2) Issue a citation to the person; and
(b) Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.
3. A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 641D.900 constitutes a separate offense for which a separate citation may be issued.
4. For any person who violates the provisions of NRS 641D.900, the Board shall assess an administrative fine of:
(a) For a first violation, $500.
(b) For a second violation, $1,000.
(c) For a third or subsequent violation, $1,500.
5. To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.
(Added to NRS by 2017, 4233; A 2019, 2548; 2021, 1639)—(Substituted in revision for NRS 437.440)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.790 - Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; determination and action of Board.

1. If the Board retains the Attorney General pursuant to NRS 641D.770, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.
2. The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General and either:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
(Added to NRS by 2017, 4234; A 2019, 2548; 2021, 1640)—(Substituted in revision for NRS 437.445)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.800 - Authority of Board to require examinations; licensee or registrant deemed to consent to examination; testimony or information received during examination not privileged; effect of failure to submit to examination; cost of examination.

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any behavior analyst, assistant behavior analyst or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Board may, to assist the Board or its designee in determining competence, require the behavior analyst, assistant behavior analyst or registered behavior technician to undergo:
(a) A mental or physical examination administered by a qualified provider of health care;
(b) An examination testing his or her competence to practice applied behavior analysis; or
(c) Any other examination designated by the Board to be necessary to determine his or her competence to practice applied behavior analysis.
2. If an examination is required by the Board pursuant to subsection 1, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst or registered behavior technician being examined.
3. An applicant or person who holds a license or registration pursuant to this chapter is deemed to consent to submit to an examination required pursuant to subsection 1 when the Board provides a written order for such an examination.
4. Any testimony, report or other information of the examining provider of health care received during an examination administered pursuant to subsection 1 is not a privileged communication.
5. Except in extraordinary circumstances, as determined by the Board, a behavior analyst, assistant behavior analyst or registered behavior technician who fails to submit to an examination required pursuant to subsection 1 after the Board provides a written order for such an examination shall be deemed to have admitted to the charge of the Board against him or her.
6. The Board may require a behavior analyst, assistance behavior analyst or registered behavior technician to pay the cost of an examination administered pursuant to subsection 1.
7. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2017, 4234; A 2019, 2549; 2021, 1640)—(Substituted in revision for NRS 437.450)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.810 - Limitation on time for completion of examination after issuance of order suspending license or registration pending disciplinary proceedings.

Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order suspending the license of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the Board issues the order.
(Added to NRS by 2017, 4234; A 2019, 2549)—(Substituted in revision for NRS 437.455)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.820 - Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.
(Added to NRS by 2017, 4234; A 2021, 1641)—(Substituted in revision for NRS 437.460)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.830 - Requirements for proof.

Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board or a hearing officer conducted under the provisions of this chapter:
1. Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of applied behavior analysis harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician is conclusive evidence of its occurrence.
3. The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.
(Added to NRS by 2017, 4234; A 2019, 2549; 2021, 1641)—(Substituted in revision for NRS 437.465)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.840 - Judicial review; duration of Board’s order; priority of petition for judicial review.

1. Any person who has been placed on probation or whose license or registration has been limited, suspended or revoked pursuant to this chapter is entitled to judicial review of the order.
2. Every order which limits the practice of applied behavior analysis or suspends or revokes a license or registration is effective from the date the Board issues the order until the date the order is modified or reversed by a final judgment of the court.
3. The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.
(Added to NRS by 2017, 4235; A 2019, 2549)—(Substituted in revision for NRS 437.470)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.850 - Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings.

Notwithstanding the provisions of chapter 622A of NRS:
1. Pending disciplinary proceedings before the Board or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
2. The disciplinary proceedings before the Board or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
(Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1641)—(Substituted in revision for NRS 437.475)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.860 - Injunction against practicing applied behavior analysis without license.

1. The Board or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 641D.910 or as a behavior analyst, assistant behavior analyst or registered behavior technician without the proper license or registration.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve any person from criminal prosecution for practicing without a license or registration.
(Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1642)—(Substituted in revision for NRS 437.480)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.870 - Immunity of certain persons from civil liability.

In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
(Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1642)—(Substituted in revision for NRS 437.485)
2023 Nevada Revised Statutes › Chapter 641D - Applied Behavior Analysis › NRS 641D.880 - Procedure for removing limitation, terminating probation or reinstating license or registration.

1. Any person:
(a) Whose practice of applied behavior analysis has been limited;
(b) Whose license or registration has been revoked; or
(c) Who has been placed on probation,
by an order of the Board may apply to the Board after 1 year for removal of the limitation or termination of the probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or registration.
2. In hearing the application, the Board:
(a) May require the person to submit such evidence of changed conditions and of fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
3. The Board may deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.
(Added to NRS by 2017, 4236; A 2019, 2551; 2021, 1642)—(Substituted in revision for NRS 437.490)