reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › LICENSING AND CERTIFICATION; SUPERVISION › Section 641C.280 - Supervisors of certified interns: Generally

Current through June 11, 2024
1. To be
			 eligible to supervise a certified intern, a counselor must:
(a) Be licensed or certified as an alcohol
			 and drug abuse counselor, licensed as a clinical alcohol and drug abuse
			 counselor or certified as a problem gambling counselor by the Board and be in
			 good standing with the Board and not under any investigation by the
			 Board;
(b) Have satisfactorily
			 completed a course approved by the Board for the training of supervisors;
			 and
(c) If the counselor is:
(1) Licensed as an alcohol and drug abuse
			 counselor, licensed as a clinical alcohol and drug abuse counselor or certified
			 as a problem gambling counselor, have engaged, as a licensed or certified
			 counselor, in the practice of counseling alcohol and drug abusers, the clinical
			 practice of counseling alcohol and drug abusers or the practice of counseling
			 problem gamblers for at least 2 years; or
(2) Certified as an alcohol and drug abuse
			 counselor, have engaged, as a certified alcohol and drug abuse counselor, in
			 the practice of counseling alcohol and drug abusers for at least 3
			 years.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › LICENSING AND CERTIFICATION; SUPERVISION › Section 641C.285 - Supervisors of certified interns: Duties

Current through June 11, 2024
1. A licensed or
			 certified alcohol and drug abuse counselor, a licensed clinical alcohol and
			 drug abuse counselor or a certified problem gambling counselor who is
			 supervising a certified intern shall ensure that:
(a) The work of the certified intern is
			 conducted in an appropriate professional setting;
(b) The work of the certified intern is
			 consistent with the standards of the profession;
(c) The certified intern is assisted with the
			 development of his or her professional identity;
(d) The certified intern has gained the
			 skills required to manage his or her practice;
(e) The certified intern has gained the
			 skills required for continuing competency;
(f) The certified intern has gained knowledge
			 of the laws and regulations applicable to the practice of counseling alcohol
			 and drug abusers, the clinical practice of counseling alcohol and drug abusers
			 or the practice of counseling problem gamblers; and
(g) The certified intern is familiar with the
			 current literature concerning those areas of alcohol and drug abuse counseling
			 or problem gambling counseling which are relevant to his or her area of
			 practice.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › LICENSING AND CERTIFICATION; SUPERVISION › Section 641C.290 - Education and training of certified intern; change of supervisor

Current through June 11, 2024
1. Any hours which a certified intern
			 accumulates while:
(a) Working under the
			 supervision of a licensed or certified alcohol and drug counselor, a licensed
			 clinical alcohol and drug counselor or a certified problem gambling counselor
			 who has not been approved by the Board to supervise certified
			 interns;
(b) Working in an
			 arrangement covered by an agreement relating to the supervision of the
			 certified intern if the agreement has not been approved by the Board;
(c) Engaged in any activities that are not
			 within the scope of 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, the practice of counseling persons
			 with an addictive disorder related to gambling or the provision of any services
			 relating thereto; or
(d) Not in
			 compliance with the requirements of this chapter and chapter 641C of NRS
			 concerning certified interns, will not be counted toward the number of hours
			 necessary to become a licensed or certified counselor.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › LICENSING AND CERTIFICATION; SUPERVISION › Section 641C.295 - Withdrawal of approval to supervise certified intern

Current through June 11, 2024
The Board will withdraw its approval for a licensed or
				certified alcohol and drug abuse counselor, a licensed clinical alcohol and
				drug abuse counselor or a certified problem gambling counselor to supervise
				certified interns if:
1. The licensed
			 or certified alcohol and drug abuse counselor, licensed clinical alcohol and
			 drug abuse counselor or certified problem gambling counselor:
(a) Fails to supervise a certified intern
			 adequately;
(b) Fails to comply with
			 the provisions of this chapter and chapter 641C of NRS relating to the
			 supervision of certified interns;
(c) Fails to ensure that two or more
			 consecutive progress reports regarding the progress of each certified intern
			 under the supervision of the licensed or certified alcohol and drug abuse
			 counselor, licensed clinical alcohol and drug abuse counselor or certified
			 problem gambling counselor is submitted to the Board as required in NAC
			 641C.285; or
(d) Knowingly allows a certified intern under
			 the supervision of the licensed or certified alcohol and drug abuse counselor,
			 licensed clinical alcohol and drug abuse counselor or certified problem
			 gambling counselor to violate any provision of this chapter or chapter 641C of
			 NRS; and
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › CONTINUING EDUCATION › Section 641C.300 - Requirements for maintenance or renewal of license or certificate; grounds for disciplinary action

Current through June 11, 2024
1. To maintain his
			 or her licensure or certification, as appropriate, a counselor must earn at
			 least 40 hours of continuing education during the 2-year period of licensure or
			 certification, including, without limitation:
(a) At least 3 hours of continuing education
			 that pertain to ethics; and
(b) At
			 least 3 hours of continuing education that pertain to the standards of
			 confidentiality required pursuant to NAC
			 641C.425 and, if applicable, the
			 standards of confidentiality set forth in 42 C.F.R. Part 2 and the related
			 provisions of the Health Insurance Portability and Accountability Act of 1996
			 set forth in 45 C.F.R. Parts 160 and 164.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › CONTINUING EDUCATION › Section 641C.305 - Affidavit of completion: Submission; verification of authenticity; maintenance of documentation

Current through June 11, 2024
1. An application
			 for the renewal of a license or certificate as a counselor must be accompanied
			 by an affidavit or other written statement signed under penalty of perjury
			 evidencing the completion by the counselor of at least the minimum number of
			 required hours of continuing education during the 2 years immediately preceding
			 the date of the application. The Board will randomly select such affidavits or
			 statements to verify the authenticity of the information set forth in the
			 affidavit or statement.
2. A
			 counselor shall maintain sufficient documentation verifying the information
			 which the counselor includes in his or her affidavit relating to his or her
			 continuing education for at least 3 years after the date on which the affidavit
			 is executed. A counselor will not be given credit for any hours of continuing
			 education that are not supported by documentation.
Added to NAC
				by Bd. of Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				8-9-2000; A by Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by
				R157-03, 12-16-2003; A by
				R058-14,
				eff. 12/22/2014
NRS
				  641C.200,
				  641C.450
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › CONTINUING EDUCATION › Section 641C.310 - Approval of course or program of education by Board

Current through June 11, 2024
1. A counselor will receive credit for hours
			 of continuing education only if the course or program of education from which
			 the counselor obtained the hours of continuing education has been approved by
			 the Board.
2. The provider of a
			 course or program of education may request the approval of the Board for the
			 purposes of continuing education.
3. A counselor may request the approval of a
			 course or program of education which is not currently approved by the Board for
			 the purposes of this section by submitting to the Board a request for the
			 approval of the course or program of education as a course of continuing
			 education. The request must contain such information as is necessary for the
			 Board to review the course or program of education pursuant to this section and
			 NAC 641C.315 and 641C.320.
4. The
			 Board will use the same criteria in its review and evaluation of a course or
			 program of education as a course of continuing education, regardless of whether
			 the request for approval was submitted by a counselor or the provider of the
			 course or program of education.
(Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				8-9-2000)
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › CONTINUING EDUCATION › Section 641C.315 - Unacceptable courses and programs of education

Current through June 11, 2024
The Board will not approve any of the following types of
				courses and programs of education as a course of continuing education:
1. An orientation program for new
			 employees.
2. An on-the-job
			 training program presented by an agency whose primary purpose is to disseminate
			 information on the policies or procedures of the agency.
3. An audio or a video learning tape or home
			 study course for which there is no independent verification of successful
			 completion.
4. A program for
			 self-improvement.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				8-9-2000
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › CONTINUING EDUCATION › Section 641C.320 - Requirements for approval of course or program of education

Current through June 11, 2024
1. Before the Board will approve, or a
			 committee of the Board may recommend approval of, a course or program of
			 education as a course of continuing education, the Board or committee must be
			 satisfied that the course or program of education:
(a) Will be taught by a competent instructor
			 as demonstrated by the educational, professional and teaching experience of the
			 instructor;
(b) Contains current
			 and relevant educational material which concerns:
(1) Alcohol and drug abuse and is applicable
			 to the practice of counseling alcohol and drug abusers or the clinical practice
			 of counseling alcohol and drug abusers; or
(2) Problem gambling and is applicable to the
			 practice of counseling problem gamblers;
(c) Is of professional quality;
(d) Is appropriately designed for
			 instructional purposes; and
(e)
			 Includes a written evaluation, to be completed by each counselor taking the
			 course, of the content and presentation of the course or program and the
			 relevance of the course or program to continuing education.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.400 - Restrictions on use of license or certificate; representations and disclosures

Current through June 11, 2024
1. The status of a
			 person as a licensed or certified counselor or a certified intern must not be
			 used to support any claim, promise or guarantee of successful service, nor may
			 the possession of a license or certificate issued by the Board be used to imply
			 that a counselor or certified intern to whom that license or certificate was
			 issued has competence in another profession.
2. A counselor or certified intern shall not
			 misrepresent, directly, indirectly or by implication, his or her own
			 professional qualifications, affiliations and licenses, or the qualifications,
			 affiliations or licenses of the institutions and organizations with which he or
			 she is associated. A counselor or certified intern shall provide accurate
			 information concerning his or her credentials, education, training and
			 experience upon the request of a client or potential client. If a counselor or
			 certified intern holds more than one occupational license or certificate, the
			 counselor or certified intern shall disclose to his or her client orally and in
			 writing which of the licenses or certificates apply to the service the
			 counselor or certified intern is rendering to the client. If a counselor or
			 certified intern is providing services that are not services related to the
			 practice of counseling alcohol and drug abusers, the clinical practice of
			 counseling alcohol and drug abusers or the practice of counseling problem
			 gamblers, the counselor or certified intern must disclose to the client orally
			 and in writing the type of service that is being provided and that the service
			 is not within the scope of the practice of counseling alcohol and drug abusers,
			 the clinical practice of counseling alcohol and drug abusers or the practice of
			 counseling problem gamblers.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				12-16-2003; R185-07, 12-17-2008
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.405 - Professional responsibility

Current through June 11, 2024
A counselor or certified intern:
1. Shall not misrepresent, in advertising or
			 otherwise, his or her education, training, type of license or certificate,
			 qualifications, competence or service, or the results to be achieved if he or
			 she provides service to a client.
2. Shall not engage in the practice of
			 counseling alcohol and drug abusers, the clinical practice of counseling
			 alcohol and drug abusers or the practice of counseling problem gamblers while
			 he or she is impaired by:
(a) Alcohol, drugs
			 or any other chemical; or
(b) A
			 mental or physical condition that prevents him or her from safely engaging in
			 the practice of counseling alcohol and drug abusers, the clinical practice of
			 counseling alcohol and drug abusers or the practice of counseling problem
			 gamblers.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.415 - Informed consent of client

Current through June 11, 2024
A person who is providing a service for treatment for alcohol
				and drug abuse or treatment for problem gambling that is subject to the
				jurisdiction of the Board, other than a service for civil protective custody,
				may provide that service only with the informed consent of the client who will
				be receiving that service.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				12-16-2003; R185-07, 12-17-2008
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.420 - Financial arrangements and records

Current through June 11, 2024
A counselor or certified intern:
1. Shall inform prospective clients of
			 financial arrangements for payment of services before he or she provides any
			 service to that client.
2. Shall
			 maintain accurate records of:
(a) The fees
			 which he or she charges a client; and
(b) Any payments made by the
			 client.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.425 - Confidentiality of information

Current through June 11, 2024
1. A licensed or
			 certified alcohol and drug abuse counselor, a licensed clinical alcohol and
			 drug abuse counselor, a certified alcohol and drug abuse counselor intern or a
			 certified clinical alcohol and drug abuse counselor intern shall maintain the
			 confidentiality of information subject to the standards of confidentiality set
			 forth in the provisions of the Health Insurance Portability and Accountability
			 Act of 1996, Public Law
			 104-191, as amended, 42 C.F.R. Part 2 and 45
			 C.F.R. Parts 160 and 164. Failure by a licensed or certified alcohol and drug
			 abuse counselor, a licensed clinical alcohol and drug abuse counselor, a
			 certified alcohol and drug abuse counselor intern or a certified clinical
			 alcohol and drug abuse counselor intern to maintain the confidentiality of
			 information in accordance with this section, the Health Insurance Portability
			 and Accountability Act of 1996,
			 Public Law
			 104-191, as amended, 42 C.F.R. Part 2 and 45
			 C.F.R. Parts 160 and 164 is a ground for disciplinary action by the Board
			 against the licensed or certified alcohol and drug abuse counselor, licensed
			 clinical alcohol and drug abuse counselor, certified alcohol and drug abuse
			 counselor intern or certified clinical alcohol and drug abuse counselor
			 intern.
2. A certified problem
			 gambling counselor or certified problem gambling counselor intern shall
			 maintain the confidentiality of information subject to standards of
			 confidentiality that are equivalent to the standards set forth in the
			 provisions of the Health Insurance Portability and Accountability Act of 1996,
			 Public Law
			 104-191, as amended, 42 C.F.R. Part 2 and 45
			 C.F.R. Parts 160 and 164 for the confidentiality of alcohol and drug abuse
			 patient records. Failure by a certified problem gambling counselor or certified
			 problem gambling counselor intern to maintain the confidentiality of
			 information in accordance with this section is a ground for disciplinary action
			 by the Board against the certified problem gambling counselor or certified
			 problem gambling counselor intern.
3. A counselor or certified intern shall
			 inform and obtain the authorization of a client if:
(a) The counselor or certified intern intends
			 to record any interview with the client; or
(b) A person other than the counselor or
			 certified intern will be observing an interview between the counselor or
			 certified intern and the client.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.430 - Coordination of care

Current through June 11, 2024
If a counselor or certified intern becomes aware that a client
				is receiving treatment for alcohol and drug abuse or treatment for problem
				gambling from another person or organization, or is receiving treatment for any
				other condition that could affect the treatment that the counselor or certified
				intern is or would provide to the client, the counselor or certified intern
				shall not provide that treatment to the client without first attempting to
				coordinate the care with the other person or organization providing care to the
				client.
Added to NAC
				by Bd. of Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				8-9-2000; A by Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by
				R157-03, 12-16-2003; A by
				R058-14,
				eff. 12/22/2014
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.435 - Research: Consent and protection of participants; credit for work

Current through June 11, 2024
1. Before engaging in research involving
			 persons, a counselor or certified intern must obtain the voluntary and informed
			 consent of the persons who will be participating in the research without any
			 implied deprivation or penalty to the person if the person chooses not to
			 participate in the research.
2. A
			 counselor or certified intern who is engaging in research involving persons
			 shall protect persons participating in the research from unwarranted physical
			 and mental discomfort, distress, harm, danger or deprivation.
3. A counselor or certified intern shall
			 treat information obtained from or about persons participating in his or her
			 research as confidential information.
4. A counselor or certified intern shall only
			 take credit for work which he or she actually does in connection with his or
			 her research and shall give credit for contributions to his or her research
			 which are made by other persons or entities.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				8-9-2000
NRS
				  641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.440 - Unprofessional conduct

Current through June 11, 2024
1. Any violation of
			 this chapter by a counselor or certified intern constitutes unprofessional
			 conduct and subjects the counselor or certified intern to disciplinary action
			 by the Board.
2. If a counselor or
			 certified intern violates any provision of this chapter or engages in any other
			 kind of unprofessional conduct while his or her license or certificate is in
			 effect, the Board will take disciplinary action against the counselor or
			 certified intern, including, without limitation, taking action against the
			 counselor or certified intern after his or her license or certificate has
			 expired or been suspended.
3. If a
			 board or entity in this State or in another state which has issued a license,
			 certificate, registration or other credential to a counselor or certified
			 intern for the practice of counseling alcohol and drug abusers, the clinical
			 practice of counseling alcohol and drug abusers, the practice of counseling
			 problem gamblers or a related field revokes or suspends the license,
			 certificate, registration or other credential, or takes any other disciplinary
			 action against the counselor or certified intern, the revocation, suspension or
			 disciplinary action is a ground for disciplinary action by the Board against
			 the counselor or certified intern for unprofessional conduct.
4. The failure of a counselor or certified
			 intern to comply with a stipulation, agreement, advisory opinion or order
			 issued by the Board constitutes unprofessional conduct and is a ground for
			 disciplinary action by the Board against the counselor or certified
			 intern.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				R126-01, 1-28-2002; A by Bd. of Exam'rs for Alcohol, Drug & Gambling
				Counselors by R157-03, 12-16-2003; R185-07,
				12-17-2008
NRS
				  641C.200,
				  641C.700
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.445 - "Professional incompetence" interpreted

Current through June 11, 2024
1. For the purposes
			 of subsection 4 of
			 NRS
			 641C.700, the Board will interpret the term
			 "professional incompetence" to mean a lack of knowledge, skill or ability in
			 discharging a professional obligation, and to include, without limitation,
			 malpractice, negligence and gross negligence.
2. As used in this section:
(a) "Gross negligence" means conduct in the
			 practice of counseling alcohol and drug abusers, the clinical practice of
			 counseling alcohol and drug abusers or the practice of counseling problem
			 gamblers which represents an extreme departure from the standard of care
			 required from a counselor or certified intern under the
			 circumstances.
(b) "Malpractice"
			 means conduct in the practice of counseling alcohol and drug abusers, the
			 clinical practice of counseling alcohol and drug abusers or the practice of
			 counseling problem gamblers which falls below the standard of care required
			 from a counselor or certified intern under the circumstances.
(c) "Negligence" means conduct in the
			 practice of counseling alcohol and drug abusers, the clinical practice of
			 counseling alcohol and drug abusers or the practice of counseling problem
			 gamblers which represents a departure from the standard of care required from a
			 counselor or certified intern under the circumstances.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › STANDARDS OF PRACTICE › Section 641C.450 - Acts constituting professional incompetence

Current through June 11, 2024
For the purposes of subsection 4 of
				NRS
				641C.700, the Board will consider the
				following acts by a counselor or certified intern to constitute professional
				incompetence:
1. Performing services
			 for alcohol and drug abuse counseling or problem gambling counseling as a
			 certified intern without being enrolled in course work as required by this
			 chapter and chapter 641C of NRS.
2.
			 Performing services for alcohol and drug abuse counseling or problem gambling
			 counseling as a counselor or certified intern under a license or certificate
			 that has lapsed or been deactivated.
3. Failing to cooperate with any
			 investigation of a complaint filed against the counselor or certified intern,
			 including, without limitation, denying or failing to cooperate with a request
			 for records made by the Board.
Added to NAC by Bd. of
				Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				12-16-2003
NRS
				  641C.200,
				  641C.700
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Parties and Representatives › Section 641C.500 - Classification of parties

Current through June 11, 2024
Parties to proceedings before the Board must be styled the
				  "applicant," "complainant," "petitioner," "protestant" or "respondent,"
				  according to the nature of the proceedings and the relationship of the parties.
				  In any proceeding initiated by the Board, the Board will be styled the
				  "staff."
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Parties and Representatives › Section 641C.505 - Appearance by staff

Current through June 11, 2024
Any member of the staff may appear at any proceeding before
				  the Board and may participate as a party to a proceeding.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Parties and Representatives › Section 641C.510 - Appearance by party

Current through June 11, 2024
A party shall enter his or her appearance in a proceeding
				  before the Board at the beginning of the hearing or at any other time
				  designated by the presiding officer of the Board. A party shall enter his or
				  her appearance by entering his or her name and address and stating his or her
				  position or interest on the matter to the presiding officer of the
				  Board.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Parties and Representatives › Section 641C.520 - Attendance and representation of parties

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, a party may appear at a hearing in person
				or by an attorney.
2. A party shall
				attend a hearing on the merits in person unless the presiding officer waives
				the requirement of the attendance of the party.
3. In addition to any other disciplinary
				action, if a party who is required to attend a hearing in person fails to do so
				without having obtained a waiver of the requirement of his or her attendance
				pursuant to subsection 2, the Board may:
(a)
				Determine that the failure to attend the hearing in person shall be deemed:
(1) An admission of all matters and facts
				contained in the record with respect to the party; and
(2) A waiver of the right to an evidentiary
				hearing; and
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Parties and Representatives › Section 641C.525 - Withdrawal of attorney

Current through June 11, 2024
An attorney of record who wishes to withdraw from a
				  proceeding before the Board must, in writing, immediately notify the Board or
				  its presiding officer, the party whom the attorney represents and all other
				  parties to the proceeding.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.530 - Captions

Current through June 11, 2024
A pleading before the Board must be styled as an
				  "application," "petition," "complaint" or "answer" according to the nature of
				  the pleading.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.535 - Execution

Current through June 11, 2024
A pleading, other than a petition, must be signed by the
				  person who is submitting the pleading.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.540 - Construction

Current through June 11, 2024
The Board will construe all pleadings so as to administer
				  justice between the parties, and the Board will, and its presiding officer
				  shall, at every stage of any proceeding, disregard errors or defects in the
				  pleadings or proceeding which do not affect the substantive rights of the
				  parties involved in the proceeding.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.545 - Applications

Current through June 11, 2024
A pleading which requests a license or certificate or
				  approval from the Board must be styled as an "application." Such a pleading
				  must set forth the full name and address of the applicant and must contain such
				  facts and exhibits as may be required by this chapter and chapter 641C of
				  NRS.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.550 - Petitions

Current through June 11, 2024
1. A pleading in which a party prays for
				affirmative relief, excluding an application, complaint or answer but including
				a request for a declaratory order, an advisory opinion or the adoption,
				amendment or repeal of any regulation of the Board, must be styled a
				"petition."
2. A petition must
				contain the full name and address of the petitioner and be signed by the
				petitioner.
3. Except as otherwise
				provided in
				NRS
				233B.120, a petition filed pursuant to
				NRS
				233B.120 may be processed as an informal
				complaint pursuant to NAC 641C.555.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				  Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				  12-16-2003
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.555 - Complaints: Filing and resolution

Current through June 11, 2024
1. A person may
				file an accusation with the Board concerning the acts or services provided by a
				counselor or certified intern. The Board will initially consider any accusation
				regarding a counselor or certified intern as an informal complaint. Such an
				informal complaint filed with the Board must be on a form provided by the
				Board. A complainant shall include in his or her informal complaint information
				that is sufficiently detailed so as to enable the respondent to prepare a
				response. If a complainant is the client of and is complaining about his or her
				treatment by a counselor or certified intern, the Board will provide the
				complainant with a form for a limited waiver of confidentiality regarding his
				or her records which the complainant must sign and return to the Board. Such an
				informal complaint will not be further reviewed or processed by the staff or
				legal counsel until the signed limited waiver is received by the
				staff.
2. Upon receipt of an
				informal complaint, the staff shall examine the complaint to determine whether
				it:
(a) Has been properly verified;
				and
(b) Alleges sufficient facts to
				warrant further proceedings.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.560 - Complaints: Confidentiality of information during investigation

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, the staff, legal counsel and investigator, if any, shall keep all
				information gathered during an investigation of a complaint confidential during
				the investigation. Except as otherwise provided in this section, nothing in
				this subsection prohibits the staff, legal counsel or investigator from:
(a) Communicating confidential information
				to, or otherwise cooperating with, another agency or board that:
(1) Is investigating a person licensed or
				certified by the Board;
(2) Is
				investigating a program in which a person licensed or certified by the Board is
				engaging in the practice of counseling alcohol and drug abusers, the clinical
				practice of counseling alcohol and drug abusers or the practice of counseling
				problem gamblers; or
(3) Regulates
				or has jurisdiction over the violations of law alleged in a complaint,
if the confidential information to be communicated is
				  relevant to the investigation or regulation of the person or program by the
				  other agency or board; or
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.565 - Motions

Current through June 11, 2024
1. A motion concerning any matter before the
				Board must be made in writing, unless the motion is made during the hearing on
				that matter. The Board may deny a motion made during a hearing if the motion
				could have reasonably been made before the hearing.
2. A written motion must set forth the nature
				of the relief sought by and the grounds for the motion.
3. A party may oppose a written motion by
				filing and serving a written response to the motion with the Board and all the
				parties to the proceeding to which the motion relates.
4. If a written response to a motion is filed
				pursuant to subsection 3, the party who made the motion may file and serve a
				written reply to the response.
5.
				Except as otherwise provided in this section, the presiding officer of the
				Board shall rule on all written motions on a matter at or before the hearing
				scheduled on the matter. The presiding officer may rule on a motion without
				oral argument or may allow oral arguments to be made before ruling on the
				motion. If the presiding officer allows oral arguments on a written motion to
				be made, the presiding officer shall set a time and date for hearing the oral
				arguments.
6. The presiding officer
				may require the Board to vote to decide a motion.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				  Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				  12-16-2003
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.570 - Filing pleadings and motions

Current through June 11, 2024
An original and two legible copies of each pleading, motion
				  or other paper related to any proceeding or hearing before the Board must be
				  filed with the Board. The Board may direct a party who is filing a pleading,
				  motion or other paper to make a copy of the pleading, motion or paper available
				  to any other person who the Board determines may be affected by the proceeding
				  or hearing and who wishes to have a copy.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.575 - Method of service

Current through June 11, 2024
The Board will serve a notice, advisory opinion, declaratory
				  order or other document by mail or in person. If the Board serves a notice,
				  advisory opinion, declaratory order or other document by mail, the Board will
				  consider service to be complete when a true copy of the document is deposited
				  in the United States mail, postage prepaid and addressed to the last known
				  address in the records of the person to be served.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.580 - Proof of service

Current through June 11, 2024
Each document filed with the Board in a matter before the
				  Board must include an acknowledgment or proof of service to all other parties
				  involved in the matter.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Discovery › Section 641C.585 - Discovery of witnesses and evidence

Current through June 11, 2024
1. Not less than 10
				days after the filing of the response by the respondent to the formal
				complaint, a party to the matter may serve upon any other party to the matter a
				written demand for:
(a) Copies of all
				documents that are reasonably available to the other party which the other
				party reasonably anticipates will be used in support of his or her
				position.
(b) A written list of the
				names of the persons who the other party reasonably anticipates will testify at
				the disciplinary hearing in support of his or her position. The list must
				include the name and address of each such person and a general description of
				the anticipated subject matter of his or her testimony.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.587 - Prehearing conference

Current through June 11, 2024
The presiding officer may order a prehearing conference and
				  may enter such prehearing orders as the presiding officer determines are
				  appropriate for the efficient conduct of the hearing, including, without
				  limitation:
1. The exchange of written
				direct testimony of witnesses;
2.
				The exclusion of particular testimony or evidence;
3. The admission of particular testimony and
				other exhibits by agreement of the parties;
4. The advance marking of all
				exhibits;
5. The exchange by the
				parties of written prehearing statements or briefs similar to pretrial
				statements filed in district court; and
6. Settlement negotiations. Settlement
				negotiations, and the statements of parties relating thereto, made at a
				prehearing conference are not admissible in evidence at the hearing unless the
				parties agree and the agreement is incorporated in a prehearing
				order.
Added to NAC by Bd. of
				  Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03, eff.
				  12-16-2003
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.588 - Rulings on preliminary matters

Current through June 11, 2024
1. The presiding
				officer may issue rulings on all preliminary matters, including, without
				limitation, scheduling matters, protective orders, the admissibility of
				evidence, and other procedural or prehearing matters.
2. A ruling on a preliminary matter is
				subject to reconsideration by the entire Board upon the request of a member of
				the Board or upon the motion of a party.
3. The failure of a party who is adversely
				affected by a ruling on a preliminary matter to move for reconsideration of the
				ruling does not constitute:
(a) Consent to
				the ruling; or
(b) Waiver of any
				objection previously made to the ruling.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.590 - Notice of hearing

Current through June 11, 2024
1. The Board will
				serve a notice of a hearing at least 10 days before the date set for the
				hearing. A hearing which has previously been continued may be reset for hearing
				on advance notice of at least 3 days.
2. If a notice of hearing and accusation and
				a complaint are served at the same time, they may be considered together for
				the purposes of chapter 233B of NRS.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.595 - Failure to appear

Current through June 11, 2024
If a party in a matter before the Board fails to appear at a
				  hearing scheduled for the matter and no continuance for the hearing has been
				  granted, the Board may hold the hearing without the absent party, hear the
				  testimony of the witnesses who have appeared, and consider and dispose of the
				  matter based on evidence presented.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by
				  Bd. of Exam'rs for Alcohol, Drug & Gambling Counselors by R157-03,
				  12-16-2003
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.600 - Procedure at hearing; inclusion of certain documents in record; posthearing briefs

Current through June 11, 2024
1. The presiding
				officer of the Board in a hearing shall call the hearing to order, take the
				appearances of witnesses and act upon any pending motions or
				petitions.
2. The notice of
				hearing, any petition, answer, response or written stipulation and, if the
				hearing concerns a disciplinary proceeding, the complaint or any other
				responsive pleading become a part of the record without being read into the
				record, unless a party requests that the document be read into the
				record.
3. The legal counsel shall
				present the evidence for the Board first and, if the Board allows closing
				arguments, shall present the closing arguments for the Board last.
4. Unless otherwise ordered by the presiding
				officer, and except as otherwise provided in this section, the order of
				presentation is as follows:
(a) Opening
				statement by the legal counsel.
(b)
				Opening statement by the respondent or the attorney for the respondent who may
				choose to make the opening statement at the beginning of the respondent's
				case.
(c) For each witness offered
				by the legal counsel:
(1) Direct examination
				by the legal counsel;
(2)
				Cross-examination by the respondent or the attorney for the
				respondent;
(3) Redirect
				examination by the legal counsel;
(4) Recross-examination by the respondent or
				the attorney for the respondent; and
(5) Examination by the members of the
				Board.
(d) For each
				witness offered by the respondent, the same order as for witnesses offered by
				the legal counsel.
(e) If
				applicable, closing arguments by the respondent or the attorney for the
				respondent.
(f) If applicable,
				closing arguments by the legal counsel.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.605 - Conduct

Current through June 11, 2024
At a hearing or any other proceeding before the Board, the
				  parties, their counsels, if any, the witnesses and any spectators shall conduct
				  themselves in a respectful manner.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.615 - Stipulations

Current through June 11, 2024
With the approval of the presiding officer of the Board,
				  parties to a matter before the Board may stipulate to any fact at issue by a
				  written stipulation introduced into evidence as an exhibit or by an oral
				  statement shown upon the record. Except as otherwise provided in this section,
				  upon the approval of a stipulation by the Board, the stipulation becomes
				  binding on all the parties who agreed to the stipulation, and the stipulation
				  may be treated as evidence at the hearing. The presiding officer of the Board
				  may, at any time during a hearing, require evidential proof of any facts to
				  which the parties have stipulated.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.620 - Official notice

Current through June 11, 2024
In addition to the materials set forth in subsection 5 of NRS
				  NRS 233B.123, the Board
				  may take official notice of regulations, official reports, decisions, orders,
				  standards, records or files of the Board, of any state agency in this State and
				  of any court of record.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.625 - Decision by Board

Current through June 11, 2024
1. After the Board
				has publicly deliberated and voted upon a matter before the Board, the
				presiding officer of the Board may direct a party to the matter to draft the
				findings of fact, conclusions of law and any orders made by the Board on the
				matter, consistent with the oral deliberation and vote of the Board.
2. Upon a determination that a draft of the
				findings of fact, conclusions of law and any orders made pursuant to subsection
				1 accurately reflects the matter as it was heard and decided upon by the Board,
				the presiding officer of the Board shall approve and execute the findings of
				fact, conclusions of law and any orders made. The staff shall mail a copy of
				the approved and executed findings of fact, conclusions of law and any orders
				of the Board to:
(a) Its legal counsel by
				regular mail; and
(b) Each party
				involved in the matter by certified mail.