reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.146 - Internships: Approval by Board; completion within required time frame; submission of written report from supervisor; request for extension; required hours of supervised experience

Current through June 11, 2024
1. An internship
			 must be:
(a) Outlined in a supervision
			 agreement with an approved primary supervisor;
(b) Approved by the Board; and
(c) Completed within 3 years after the Board
			 approves the internship unless a renewal of the intern's license as an intern
			 is granted pursuant to subsection 4.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.156 - License: Requirements; issuance

Current through June 11, 2024
1. An applicant for
			 licensure as an intern must:
(a) Satisfy the
			 requirements of NAC
			 641A.065,
			 641A.075 and
			 641A.085;
(b) Submit to the Board a proposed plan for
			 internship, supervision agreement, including the name of the proposed
			 supervisors;
(c) Complete a
			 personal interview if requested by the Board; and
(d) Pass an examination required by
			 NRS
			 641A.230 or
			 641A.231,
			 as applicable. An applicant must take such an examination for the first time at
			 any time during his or her final semester or quarter of graduate study and
			 before the expiration of his or her license as an intern.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.176 - Authority of Board to grant, deny, suspend or revoke license; applicability of ethical standards; authority of Board to approve or deny supervisor

Current through June 11, 2024
1. In addition to the revocation of a license
			 pursuant to NAC
			 641A.146, the Board may, for
			 good cause shown, suspend or revoke the license of any intern.
2. If the Board suspends or revokes the
			 license of an intern pursuant to subsection 1, the Board will:
(a) Record the reasoning for the suspension
			 or revocation in the minutes of the meeting of the Board at which the decision
			 was made; and
(b) Place a copy of
			 that reasoning in the licensee's file kept by the Board.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.178 - Supervision of interns: Primary and secondary approved supervisors; limitation on number of interns; time required for supervision; approved use of conference calls

Current through June 11, 2024
1. Before beginning
			 an internship, each intern must have at least two supervisors approved by the
			 Board. During the course of the supervision of the intern:
(a) The primary approved supervisor shall
			 meet with the intern for at least 160 hours, which must include at least 1 hour
			 per week, to discuss and evaluate the performance of the intern. The primary
			 supervisor shall document any variation from this weekly schedule and retain
			 such documentation until the completion of the internship. A violation of this
			 paragraph may result in the revocation of the intern's license or the approval
			 of the primary supervisor pursuant to NAC
			 641A.182.
(b) The secondary approved supervisor or
			 supervisors shall meet with the intern for a combined total of at least 40
			 hours to discuss and evaluate the performance of the intern.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.182 - Approved supervisors: Qualifications

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, an approved supervisor of an intern must be
			 a marriage and family therapist or clinical professional counselor. Each
			 potential supervisor must offer evidence satisfactory to the Board of his or
			 her training or experience, or both, which qualifies him or her to
			 supervise.
2. In extenuating
			 circumstances or upon the recommendation of the primary supervisor, the Board
			 will approve as a secondary supervisor a person who is a licensed psychologist,
			 psychiatrist or clinical social worker who has received training in
			 supervision.
3. Each supervisor
			 must:
(a) Hold an active license in good
			 standing issued by the Board.
(b)
			 Have been licensed in this State, the District of Columbia or any other state
			 or territory of the United States for at least 3 years.
(c) Not be related to the intern by closer
			 than the fourth degree of consanguinity.
(d) Have never professionally provided mental
			 health therapy to the intern.
(e)
			 Maintain liability insurance covering the supervision.
(f) Be approved by the Board.
(g) Consult with the Board, upon request of
			 the Board, concerning the professional record, competence in practice, and
			 emotional and mental stability or professional and ethical conduct of the
			 intern.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.184 - Termination or suspension of supervision agreement (Repealed)

Current through June 11, 2024
Added to NAC
				by Bd. of Exam'rs for Marriage & Fam. Therapists & Clinical Prof.
				Counselors by
				R163-12,
				eff. 6/23/2014; R by
				R094-18AP,
				eff. 8/30/2018
NRS
				641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.186 - Limitations on performing therapy

Current through June 11, 2024
Except as otherwise provided in NAC
				641A.182, an intern may perform
				marriage and family therapy or clinical professional counseling only under the
				supervision of a marriage and family therapist or clinical professional
				counselor and in accordance with his or her supervision agreement with an
				approved supervisor.
Added to NAC by Bd. of
				Exam'rs for Marriage & Fam. Therapists, eff. 1-12-96; A by Bd. of Exam'rs
				for Marriage & Fam. Therapists & Clinical Prof. Counselors by R060-08,
				9-18-2008; A by
				R094-18AP,
				eff. 8/30/2018; A by
				R051-19A,
				eff. 2/20/2020
NRS
				641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › INTERNS › Section 641A.196 - Restrictions on private practice and advertising

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 4, an intern may engage in private
			 practice only at facilities which have a licensed marriage and family
			 therapist, clinical professional counselor, clinical alcohol and drug abuse
			 counselor, psychologist, psychiatrist or clinical social worker available to
			 consult with the intern either in person or by telephone during the intern's
			 hours of employment at the site. If more than one such licensed professional is
			 available at the site during the intern's hours of employment, the intern may
			 consult with one or more of the licensed professionals.
2. An intern shall inform each of his or her
			 clients that he or she is not licensed to engage independently in the practice
			 of marriage and family therapy or the practice of clinical professional
			 counseling, as applicable.
3. An
			 intern shall include a statement describing his or her status as an intern on
			 all forms of advertising, including, but not limited to, business cards,
			 directory listings and brochures.
4. The Board will only allow an intern to
			 engage in private practice at facilities other than those listed in subsection
			 1:
(a) In extenuating circumstances;
			 and
(b) If other arrangements
			 approved by the Board have been established for supervision of the intern in
			 emergency situations.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › PROFESSIONAL CONDUCT › Section 641A.243 - Professional responsibility

Current through June 11, 2024
A marriage and family therapist, clinical professional
				counselor or intern:
1. Shall not
			 misrepresent, in advertising or otherwise, his or her education, training, type
			 of license, 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
			 marriage and family therapy or the practice of clinical professional counseling
			 while 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 marriage and family therapy or the practice of clinical
			 professional counseling.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › PROFESSIONAL CONDUCT › Section 641A.252 - Code of Ethics: Adoption by reference; effect of violation

Current through June 11, 2024
1. The Board hereby adopts by reference:
(a) The most recent edition of the AAMFT Code
			 of Ethics of the American Association for Marriage and Family Therapy or its
			 successor organization as a standard for professional conduct in the State of
			 Nevada for marriage and family therapists and marriage and family therapist
			 interns, excluding those provisions which apply exclusively to the American
			 Association for Marriage and Family Therapy or its successor
			 organization.
(b) The most recent
			 edition of the Code of Ethics of the National Board for Certified Counselors or
			 its successor organization as a standard for professional conduct in the State
			 of Nevada for clinical professional counselors and clinical professional
			 counselor interns, excluding those provisions which apply exclusively to the
			 National Board for Certified Counselors or its successor
			 organization.
(c) The most recent
			 edition of the
Code of Ethics
of the American Counseling
			 Association or its successor organization as a standard for professional
			 conduct in the State of Nevada for clinical professional counselors and
			 clinical professional counselor interns, excluding those provisions which apply
			 exclusively to the American Counseling Association or its successor
			 organization.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › PROFESSIONAL CONDUCT › Section 641A.256 - Disciplinary action: "Unprofessional conduct" interpreted; acts constituting unprofessional conduct

Current through June 11, 2024
1. For the purposes
			 of subsection 7 of NRS 641A.310, the Board will
			 interpret the term "unprofessional conduct" to mean a lack of knowledge, skill
			 or ability in discharging a professional obligation, and to include, without
			 limitation, malpractice and gross negligence.
2. The Board will consider the following acts
			 by a marriage and family therapist, clinical professional counselor or intern
			 to constitute unprofessional conduct:
(a)
			 Performing services relating to the practice of marriage and family therapy or
			 the practice of clinical professional counseling as an intern outside the scope
			 of an approved plan of internship.
(b) Performing services relating to the
			 practice of marriage and family therapy or the practice of clinical
			 professional counseling as a marriage and family therapist, clinical
			 professional counselor or intern under a license that has lapsed or been
			 deactivated.
(c) Failing to
			 cooperate with any investigation of a complaint filed against the marriage and
			 family therapist, clinical professional counselor or intern, including, without
			 limitation, denying or failing to cooperate with a request for records made by
			 the Board.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › PROFESSIONAL CONDUCT › Section 641A.258 - Disciplinary action for unprofessional conduct: Grounds; authority of Board

Current through June 11, 2024
1. Any violation of this chapter or chapter
			 641A of NRS by a marriage and family therapist, clinical professional counselor
			 or intern constitutes unprofessional conduct and subjects the marriage and
			 family therapist, clinical professional counselor or intern to disciplinary
			 action by the Board.
2. If a
			 marriage and family therapist, clinical professional counselor or intern
			 violates any provision of this chapter or chapter 641A of NRS or engages in any
			 other unprofessional conduct while his or her license is in effect, the Board
			 will take disciplinary action against the marriage and family therapist,
			 clinical professional counselor or intern, including, without limitation,
			 taking action against the marriage and family therapist, clinical professional
			 counselor or intern after his or her license has expired or been
			 suspended.
3. If a board or entity
			 in this State, the District of Columbia or in another state or territory of the
			 United States which has issued a license, certificate, registration or other
			 credential to a marriage and family therapist, clinical professional counselor
			 or intern for the practice of marriage and family therapy, the practice of
			 clinical professional counseling or practice in a related field revokes or
			 suspends the license, certificate, registration or other credential, or takes
			 any other disciplinary action against the marriage and family therapist,
			 clinical professional counselor or intern, the revocation, suspension or
			 disciplinary action is a ground for disciplinary action by the Board against
			 the marriage and family therapist, clinical professional counselor or intern
			 for unprofessional conduct.
4. The
			 failure of a marriage and family therapist, clinical professional counselor or
			 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 marriage and family therapist,
			 clinical professional counselor or intern.
5. As used in this section, "related field"
			 means a field related to the social sciences or the study of the human mind and
			 mental illness, including, without limitation, social work, alcohol and drug
			 abuse counseling, psychology, psychiatry, nursing or medicine.
Added to NAC by Bd. of
				Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				by R060-08, 9-18-2008; A by
				R091-14,
				eff. 6/28/2016; A by
				R094-18AP,
				eff. 8/30/2018
NRS
				641A.160,
				641A.310
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.301 - Definitions

Current through June 11, 2024
As used in NAC 641A.301 to
				  641A.705, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC
				  641A.303 to
				  641A.336, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by
				  R094-18AP,
				  eff. 8/30/2018
NRS
				  641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.303 - Accusation" defined

Current through June 11, 2024
" "Accusation" means a complaint against a marriage and
				  family therapist, clinical professional counselor or intern filed with the
				  Board pursuant to the provisions of NAC 641A.421.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.306 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a person who applies for any privilege,
				  license or authority from the Board.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC 641A.285; A by
				  R091-14,
				  eff. 6/28/2016; A by
				  R094-18AP,
				  eff. 8/30/2018
NRS
				  641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.311 - "Complainant" defined

Current through June 11, 2024
1. "Complainant"
				means a person who complains to the Board of any act of another
				person.
2. In any proceeding which
				the Board initiates, the Board is the complainant.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004; A by Bd. of Exam'rs for Marriage & Fam. Therapists &
				  Clinical Prof. Counselors by R060-08, 9-18-2008-Substituted in revision for NAC
				  641A.295
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.313 - "Formal complaint" defined

Current through June 11, 2024
"Formal complaint" means a complaint against a marriage and
				  family therapist, clinical professional counselor or intern prepared by the
				  staff or an investigator pursuant to the provisions of NAC 641A.451.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.316 - "Informal complaint" defined

Current through June 11, 2024
"Informal complaint" means an accusation that the Board will
				  consider pursuant to the provisions of NAC 641A.421 or 641A.424.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.318 - "Intervener" defined

Current through June 11, 2024
"Intervener" means a person who was not an original party to
				  a proceeding, but may be directly and substantially affected by it, and secures
				  an order from the Board or presiding officer granting him or her leave to
				  intervene.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC
				  641A.325
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.321 - "Investigator" defined

Current through June 11, 2024
"Investigator" means a person consulted with or enlisted by
				  the staff to investigate an informal complaint pursuant to the provisions of
				  NAC 641A.434.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.323 - "Party" defined

Current through June 11, 2024
"Party" includes:
1.
				The respondent;
2. The attorney, if
				any, representing the respondent; and
3. The legal counsel for the Board.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.326 - "Petition" defined

Current through June 11, 2024
"Petition" means a pleading in which a party prays for
				  affirmative relief, excluding an application, complaint or answer, but
				  including a request for a declaratory order or an advisory opinion or for the
				  adoption, amendment or repeal of any regulation.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC
				  641A.425
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.328 - "Petitioner" defined

Current through June 11, 2024
"Petitioner" means a person who petitions for any affirmative
				  relief, including a person who requests an advisory opinion or declaratory
				  order or requests the adoption, amendment or repeal of a regulation. The term
				  does not include a complainant.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC
				  641A.305
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.331 - "Presiding officer" defined

Current through June 11, 2024
"Presiding officer" means:
1. The President of the Board; or
2. Another member of the Board appointed by
				the President.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.333 - "Protestant" defined

Current through June 11, 2024
"Protestant" means a person who enters a proceeding to
				  protest against an application or petition.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC
				  641A.335
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.336 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a person against whom any accusation or
				  complaint is filed or investigation initiated.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004-Substituted in revision for NAC
				  641A.315
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › General Provisions › Section 641A.338 - "Staff" defined (Repealed)

Current through June 11, 2024
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; R by
				  R094-18AP,
				  eff. 8/30/2018
NRS
				  641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.345 - Persons who are not parties

Current through June 11, 2024
A person who has not been admitted to a proceeding as an
				  intervener or a protestant, and is not an original party to the proceeding, is
				  not a party to the proceeding.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.355 - Participation by staff

Current through June 11, 2024
The staff may appear at any proceeding and participate as a
				  party.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff. 12-14-87; A by R173-03,
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.365 - Entry of appearance

Current through June 11, 2024
A party may enter his or her appearance at the beginning of a
				  hearing or at any time designated by the presiding officer, by giving his or
				  her name and address and stating his or her position or interest to the
				  presiding officer. The information must be entered in the record of the
				  hearing.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.375 - Representation

Current through June 11, 2024
1. In lieu of counsel, a party may be
				represented by a person of his or her own choosing.
2. An attorney appearing as counsel in any
				proceeding must be an attorney at law, admitted to practice and in good
				standing before the highest court of any state. If the attorney is not admitted
				and entitled to practice before the Supreme Court of Nevada, he or she must be
				associated with an attorney so admitted and entitled to practice.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.385 - Service upon attorney

Current through June 11, 2024
Following the entry of an appearance by an attorney for a
				  party, all notices, pleadings and orders to be served thereafter upon the party
				  must be served upon his or her attorney, and such service is, for all purposes,
				  valid service upon the party represented.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Parties, Appearances and Representation › Section 641A.395 - Withdrawal of attorney

Current through June 11, 2024
Any attorney of record wishing to withdraw from a proceeding
				  before the Board shall, in writing, immediately notify the Board or its
				  presiding officer, the party whom he or she represented and any other parties
				  to the proceeding.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.405 - Verification of pleadings

Current through June 11, 2024
Every pleading, except a petition, must be verified. The
				  following form may be used in making a verification:
State of Nevada }
}ss.
County of___________ }
......................., being first duly sworn, deposes and
				  says:
That (he or she) has filed this ................ (complaint,
				  answer or application); that (he or she) has read the foregoing and knows the
				  contents thereof; that the contents are true of (his or her) own knowledge,
				  except for those matters therein stated upon information and belief, and as to
				  those matters, (he or she) believes them to be true.
....................................................................
(Signature of person filing the complaint, answer or
				  application.)
Subscribed and sworn to before me this ............(day) of
				  ....................(month) of ...........(year)
(Notary Public in and for Said County and State)
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.415 - Construction of pleadings

Current through June 11, 2024
The Board will construe all pleadings so as to administer
				  justice between the parties, and the Board will, or its presiding officer
				  shall, at every stage of any proceeding, disregard errors or defects in the
				  pleadings or proceedings which do not affect the substantial rights of the
				  parties.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists, eff.
				  12-14-87
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.418 - Petitions

Current through June 11, 2024
A petition must contain the full name and mailing address of
				  the petitioner and must be signed by the petitioner.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.421 - Informal complaints: Filing of accusation

Current through June 11, 2024
1. A
				person may file an accusation with the Board, on a form provided by the Board,
				concerning the acts of or the services provided by a marriage and family
				therapist, clinical professional counselor or intern.
2. The complainant shall include in the
				accusation information that is sufficiently detailed so as to enable the
				respondent to prepare a response.
3. Except as otherwise provided in NAC
				641A.424, the Board will initially consider any accusation as an informal
				complaint.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.424 - Informal complaints: Limited waiver of confidentiality regarding records of client

Current through June 11, 2024
1. If a complainant
				filing an accusation is the client of and is filing an accusation relating to
				his or her treatment by a marriage and family therapist, clinical professional
				counselor or intern, the Board will provide the complainant with a form for a
				limited waiver of confidentiality regarding his or her records.
2. If the Board provides a limited waiver of
				confidentiality to a complainant filing an accusation, the staff or legal
				counsel for the Board will not further review or process the accusation until
				the limited waiver of confidentiality has been signed by the complainant and
				returned to the Board.
3. After the
				complainant signs and returns the limited waiver of confidentiality regarding
				his or her records to the Board, the Board will initially consider the
				accusation as an informal complaint.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160,
					 641A.330
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.427 - Informal complaints: Examination by staff; notice to respondent

Current through June 11, 2024
1. Upon receipt of an informal complaint
				pursuant to the provisions of NAC 641A.421 or 641A.424, the staff shall examine
				the informal complaint to determine whether it:
(a) Has been properly verified; and
(b) Alleges sufficient facts to warrant
				further proceedings.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.431 - Informal complaints: Response; failure to respond; review by staff

Current through June 11, 2024
1. Upon the receipt of a copy or summary of
				an informal complaint that has been filed against him or her pursuant to NAC
				641A.427, the respondent shall submit to the Board a written response to the
				informal complaint within 15 days after the date on which the informal
				complaint was served.
2. A response
				to an informal complaint must:
(a) Respond to
				the allegations made in the informal complaint; and
(b) Be accompanied by all documentation that
				would be useful to the staff and legal counsel for the Board in the review of
				the allegations made in the informal complaint and the responses made by the
				respondent to those allegations.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.434 - Informal complaints: Investigation by staff

Current through June 11, 2024
After the initial review of the informal complaint and the
				  responses made thereto conducted pursuant to the provisions of subsection 4 of
				  NAC 641A.431, the staff may:
1.
				Investigate the allegations and employ such people as they deem necessary to
				further the investigation;
2.
				Consult with experts in the appropriate fields, including, without limitation,
				the employment of such persons for the purposes of an investigation or a
				hearing;
3. Investigate new leads
				and allegations that may come to their knowledge in the course of the
				investigation;
4. Enlist the aid of
				a member of the Board or another qualified person in the conduct of the
				investigation; and
5. Take any
				other reasonable action necessary to further the investigation.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.437 - Informal complaints: Assistance by Health Division of Department of Health and Human Services

Current through June 11, 2024
If the staff and legal counsel for the Board determine that
				  the preliminary information from its investigation of an informal complaint
				  reasonably indicates that a program in which a marriage and family therapist,
				  clinical professional counselor or intern is employed or otherwise treating
				  clients may have also violated any statutes or regulations applicable to the
				  operation of the program, the staff and legal counsel for the Board may:
1. Coordinate with and seek the assistance of
				the Health Division of the Department of Health and Human Services in the
				investigation of the alleged violations; and
2. Request the Health Division to share with
				the staff and legal counsel for the Board any findings made by and information
				in the possession of the Health Division, to the fullest extent allowable under
				42 C.F.R. Part 2.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.441 - Informal complaints: Request for records or other evidence; failure to comply with request

Current through June 11, 2024
1. During an
				investigation of an informal complaint, the staff or investigator, if any, may
				demand that a respondent produce his or her records or other evidence for
				inspection or copying, with or without prior notice to the respondent and with
				or without a subpoena. A respondent shall not deny any such request for records
				or other evidence if the record or other evidence is not subject to the
				provisions of 42 C.F.R. Part 2.
2.
				If the respondent initially refuses or fails to cooperate with a request for
				records in violation of this section, the Board may immediately suspend his or
				her license until the respondent complies with the request for records or other
				evidence.
3. If the respondent
				continues to refuse or fail to cooperate with a request for records or other
				evidence in violation of this section after the Board has suspended his or her
				license pursuant to subsection 2, the Board may take such further disciplinary
				action against the respondent as the Board determines necessary.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd.
				  of Exam'rs for Marriage & Fam. Therapists & Clinical Prof. Counselors
				  by R060-08, 9-18-2008; A by
				  R091-14,
				  eff. 6/28/2016; A by
				  R094-18AP,
				  eff. 8/30/2018
NRS
				  641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.444 - Informal complaints: Removal and reproduction of records or other evidence

Current through June 11, 2024
1. If the staff or
				investigator, if any, determines that a specific record or other specific
				evidence is material to or necessary for an investigation conducted pursuant to
				NAC 641A.434, the staff or investigator may remove the record or evidence and
				provide a copy of the record or evidence to the owner of that record.
2. If the record or other evidence can be
				readily copied at the location where the record or evidence is located, the
				staff or investigator shall make a copy of the record or evidence at that
				location.
3. If the record or other
				evidence cannot be readily copied at the location where the record or evidence
				is located, the staff or investigator may remove the record or evidence from
				that location to copy the record or evidence.
4. If the staff or investigator removes a
				record or other evidence to be copied pursuant to subsection 3, the staff or
				investigator shall provide the person to whom the record or evidence being
				removed belongs with a receipt for the record or evidence and, not later than 5
				business days after the record or evidence is removed, provide a copy of the
				record or evidence to that person.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.447 - Informal complaints: Confidentiality

Current through June 11, 2024
1. Except as
				otherwise provided in this subsection, the staff, legal counsel for the Board
				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 for the Board or investigator, if any, from:
(a) If the confidential information to be
				communicated is relevant to the investigation or regulation of the person or
				program by another agency or board, communicating confidential information to,
				or otherwise cooperating with, another agency or board that:
(1) Is investigating a person licensed by the
				Board;
(2) Is investigating a
				program in which a person licensed by the Board is engaging in the practice of
				marriage and family therapy or the practice of clinical professional
				counseling; or
(3) Regulates or has
				jurisdiction over the violations of law alleged in a complaint; or
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.451 - Informal complaints: Action upon completion of investigation; notice of hearing and formal complaint

Current through June 11, 2024
1. When an
				investigation of an informal complaint conducted pursuant to NAC
				641A.434 is complete, the staff
				and investigator, if any, shall determine whether substantial evidence exists
				to sustain the alleged violation of a statute or regulation set forth in the
				informal complaint.
2. If the staff
				and investigator determine that no allegation of a violation of a statute or
				regulation set forth in the informal complaint can be sustained, the staff
				shall notify, in writing, the complainant and the respondent of this
				determination.
3. If the staff and
				investigator determine that a violation of a statute or regulation as alleged
				in the informal complaint can be sustained, the legal counsel for the Board
				shall:
(a) In compliance with
				NRS
				622.330, offer mediation, settlement
				agreements, stipulations of facts and liability or informal hearings;
				or
(b) Prepare a notice of hearing
				and a formal complaint.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.454 - Formal complaints: Answer; failure to answer

Current through June 11, 2024
1. A
				respondent who receives a notice of hearing and a formal complaint pursuant to
				NAC 641A.451 must file an answer to the notice of hearing and the formal
				complaint not later than 15 days after the date on which the notice of hearing
				and the formal complaint were served.
2. An answer to a notice of hearing and a
				formal complaint filed by a respondent must include a response to each
				allegation and statement made in the notice of hearing and the formal complaint
				by either admitting to or denying the allegation or statement.
3. In addition to any other disciplinary
				action, if the respondent fails to file an answer as required pursuant to
				subsection 1, he or she shall be deemed to have admitted each allegation and
				statement contained in the notice of hearing and the formal complaint. Based on
				these admissions, the Board may enter a finding and impose appropriate
				discipline on the respondent in the same manner as if the allegations had been
				proven by substantial evidence at a hearing of the Board held on the formal
				complaint.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.457 - Formal complaints: Consolidation

Current through June 11, 2024
The Board may join two or more formal complaints into one
				  formal complaint if:
1. The causes of
				action of each formal complaint are against the same person and deal with
				substantially the same or similar violations of statutes and regulations;
				and
2. The joining of the formal
				complaints will serve the best interests of the Board, complainants and
				respondent.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.461 - Formal complaints: Exchange of evidence and lists of witnesses

Current through June 11, 2024
1. Not later than 10 days after a respondent
				files an answer to a formal complaint pursuant to the provisions of NAC
				641A.454, the parties to the formal complaint shall exchange:
(a) A copy of all documents and other
				evidence that are reasonably available to the party and that the party
				reasonably anticipates will be used by the party at the hearing; and
(b) A written list of all persons who the
				party reasonably anticipates will be called to testify at the hearing by the
				party. The list must include the name and address of each potential witness and
				a general description of the anticipated subject matter of his or her
				testimony.
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.464 - Discovery; depositions

Current through June 11, 2024
1. Discovery may
				only be done in accordance with the provisions of NAC 641A.418 to 641A.464,
				inclusive.
2. The Board will not
				allow for the taking of depositions.
Added to NAC by Bd. of
				  Exam'rs for Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.467 - Prehearing conferences and orders

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 Marriage & Fam. Therapists by R173-03, eff.
				  8-20-2004
NRS
					 641A.160
Nevada Administrative Code › Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors › ADMINISTRATIVE PROCEEDINGS › Pleadings, Motions and Preliminary Proceedings › Section 641A.471 - 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.
2. A written motion
				must set forth the nature of the relief sought by and the grounds for the
				motion.
3. The presiding officer
				may deny as untimely:
(a) Any motion made
				during a hearing if the motion could have reasonably been made before the
				hearing; and
(b) Any motion that is
				filed on a date that does not provide the opposing parties a reasonable time to
				respond.