Certification to Evaluate Competency of Criminal Defendants - Definitions.

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[Rev. 11/21/2013 3:52:37 PM--2013]

[NAC-178 Revised Date: 11-04]

CHAPTER 178 - CERTIFICATION TO EVALUATE COMPETENCY OF CRIMINAL DEFENDANTS

178.010            Definitions.

178.020            “Administrator” defined.

178.030            “Certificate” defined.

178.040            “Clinical social worker” defined.

178.050            “Division” defined.

178.060            “Evaluator of competency” defined.

178.070            “Psychiatrist” defined.

178.080            “Psychologist” defined.

178.100            Certificate: Application and fee; action by Division; appeal of denial; period for renewal.

178.110            Course of training required for initial issuance of certificate.

178.120            Renewal of certificate: General requirements.

178.130            Renewal of certificate: Application and fee; action by Division; appeal of denial.

 

      NAC 178.010  Definitions. (NRS 178.417)  As used in NAC 178.010 to 178.130, inclusive, unless the context otherwise requires, the words and terms defined in NAC 178.020 to 178.080, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.020  “Administrator” defined. (NRS 178.417)  “Administrator” means the Administrator of the Division.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.030  “Certificate” defined. (NRS 178.417)  “Certificate” means a certificate issued by the Division to provide a report or an evaluation concerning the competency of a defendant to stand trial.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.040  “Clinical social worker” defined. (NRS 178.417)  “Clinical social worker” means a person who is licensed to engage in social work as a clinical social worker pursuant to the provisions of chapter 641B of NRS.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.050  “Division” defined. (NRS 178.417)  “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.060  “Evaluator of competency” defined. (NRS 178.417)  “Evaluator of competency” means a person who has been issued a certificate.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.070  “Psychiatrist” defined. (NRS 178.417)  “Psychiatrist” means a person who is:

     1.  Licensed to practice medicine in this State pursuant to the provisions of chapter 630 of NRS and has completed residency training in psychiatry; or

     2.  Certified by the American Board of Psychiatry and Neurology, Inc.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.080  “Psychologist” defined. (NRS 178.417)  “Psychologist” means a person who is licensed to engage in the practice of psychology pursuant to the provisions of chapter 641 of NRS.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.100  Certificate: Application and fee; action by Division; appeal of denial; period for renewal. (NRS 178.417)

     1.  Each person desiring a certificate must make application to the Division upon a form, and in a manner, prescribed by the Division.

     2.  The application must be accompanied by:

     (a) Evidence satisfactory to the Division that the applicant:

          (1) Is a clinical social worker, psychiatrist or psychologist;

          (2) Attended and completed the course of training established pursuant to NAC 178.110; and

          (3) Passed the examination administered by the Division pursuant to the provisions of subsection 4 of NRS 178.417; and

     (b) An application fee of $25.

     3.  After receiving an application and the accompanying evidence from an applicant, the Division will:

     (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section to be issued a certificate; and

     (b) Issue a written statement to the applicant of its determination.

     4.  If the Division determines that the applicant is not qualified to be issued a certificate pursuant to subsection 3, the applicant may appeal the decision of the Division to the Administrator.

     5.  A certificate issued pursuant to the provisions of this section must be renewed every 2 years.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.110  Course of training required for initial issuance of certificate. (NRS 178.417)

     1.  The Division will establish a course of training for persons desiring the initial issuance of a certificate.

     2.  The course of training must include instruction on:

     (a) The statutes and case law relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial;

     (b) The elements of conducting a clinical interview or clinical testing relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;

     (c) The elements of preparing an evaluation report relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;

     (d) The ethical standards and considerations relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial; and

     (e) The potential impact on the defendant, the court and the treatment system of a recommendation concerning the competency of a defendant to stand trial.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.120  Renewal of certificate: General requirements. (NRS 178.417)

     1.  On or before December 31 of each year, the Division will establish the requirements for the renewal of a certificate for the following year.

     2.  The requirements for renewal of a certificate may include:

     (a) Attending and completing a course of instruction relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;

     (b) Attending courses of continuing education;

     (c) Conducting a review of sample evaluations concerning the competency of a defendant to stand trial; or

     (d) Passing an examination relating to providing a report or an evaluation concerning the competency of a defendant to stand trial.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)

      NAC 178.130  Renewal of certificate: Application and fee; action by Division; appeal of denial. (NRS 178.417)

     1.  To renew a certificate, an evaluator of competency shall submit an application for the renewal of a certificate to the Division upon a form, and in a manner, prescribed by the Division.

     2.  The application for the renewal of a certificate must be accompanied by:

     (a) Evidence satisfactory to the Division that the evaluator of competency completed the requirements for the renewal of a certificate established pursuant to NAC 178.120; and

     (b) A renewal fee of $25.

     3.  After receiving an application for the renewal of a certificate and the accompanying evidence from an evaluator of competency, the Division will:

     (a) Evaluate the application for the renewal of a certificate and accompanying evidence and determine whether the evaluator of competency has met the requirements for the renewal of a certificate established pursuant to NAC 178.120; and

     (b) Issue a written statement to the applicant of its determination.

     4.  If the Division determines that the evaluator of competency has not met the requirements for the renewal of a certificate, the evaluator of competency may appeal the decision of the Division to the Administrator.

     (Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)