Domestic Violence - PRACTICE AND PROCEDURE - Committee: Petitions for adoption, amendment or repeal of regulations.

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[Rev. 2/20/2020 12:25:40 PM]

[NAC-228 Revised Date: 2-20]

CHAPTER 228 - DOMESTIC VIOLENCE

GENERAL PROVISIONS

228.010              Definitions.

228.012              “Administrator” defined.

228.015              “Agency which provides child welfare services” defined.

228.020              “Committee” defined.

228.025              “Distance media” defined.

228.027              “Division” defined.

228.030              “Domestic violence” defined.

228.031              “Electronic signature” defined.

228.032              “Formal training in domestic violence” defined.

228.034              “Hour of continuing education” defined.

228.035              “Indigent” defined.

228.036              “Offender” defined.

228.040              “Program” defined.

228.050              “Provider of treatment” defined.

228.055              “Renewal date” defined.

228.057              “Signature” includes electronic signature.

228.060              “Supervisor of treatment” defined.

228.080              Sufficiency of notice to applicant or certificate holder.

CERTIFICATION OF PROGRAM FOR TREATMENT OF PERSONS WHO COMMIT DOMESTIC VIOLENCE

General Provisions

228.100              Application: Submission; requirements; abbreviated application for additional program; verification of information.

228.101              Application: Provision to Committee; meeting of Committee to consider; transmittal of Committee’s recommendation to Division.

228.102              Provisional certificate.

228.104              Certification of program located in another state; renewal.

228.106              Payment for program: Indigent offenders; sliding scale.

228.108              Qualifications and duties of director of program.

228.110              Qualifications for supervisors of treatment and providers of treatment; duties of director of program.

228.115              Duties of supervisors of treatment.

228.117              Professional responsibility regarding offenders.

228.125              Notice to Division of changes in organization, program or director; written plan to regain compliance with regulations required under certain circumstances.

228.130              Application for renewal; notice of incomplete application; removal from list of available programs for failure to renew or denial of application.

228.140              Grounds for refusal to issue or renew certificate, revocation or suspension of certificate, placement of program on probation or issuance of written warning.

228.150              Written notice required for refusal to issue or renew certificate or to revoke or suspend certificate; notice of remedial steps; contents of written warning; appeal.

Requirements of Treatment Programs

228.160              Confidentiality; exceptions.

228.165              Treatment to be provided as prescribed in written treatment plan; requirements for group counseling; waiver of requirements.

228.170              Methods and standards of treatment; development of written treatment plan; report of results of evaluation.

228.175              Contents of written agreement between offender and provider of treatment.

228.180              Protection of victim.

228.185              Curriculum and instructional materials.

228.190              Inappropriate treatment.

228.195              Certificate of completion; discharge or termination; notice of potential for repeat of violent behavior; documentation.

228.197              Retention of records.

228.198              Methods and measures to evaluate outcomes of program; submission of data and information to Division to measure effectiveness of program.

228.200              Notice to court and offender if certification of program is not renewed.

Continuing Education and Formal Training

228.210              Annual requirements.

228.215              Application to offer or teach course or training; approval of nationally recognized organization without application.

228.218              Subjects that may be approved for course or training.

228.220              Application to obtain credit for course not previously approved by Division.

228.225              Approval of course or training by Division; credit for completion; written notice of decision; appeal.

Enforcement

228.270              Authorization for Division to conduct on-site inspection; requirements for report of inspection.

228.275              Plan of corrective action for violations; effect of failure to submit plan; determination of Division whether plan is acceptable.

PRACTICE AND PROCEDURE

Complaints and Investigations

228.460              Submission of complaint to Division; investigation after receipt; investigation authorized regardless of whether complaint is submitted; scope of investigation; report.

228.470              Confidentiality of proceedings and investigations; exceptions; release of report of investigation; scope of investigation based on informal complaint; effect of dismissal of informal complaint.

Miscellaneous Petitions

228.625              Committee: Petitions to appear before.

228.630              Committee: Petitions for declaratory orders or advisory opinions.

228.640              Committee: Petitions for adoption, amendment or repeal of regulations.

228.650              Division: Petitions for declaratory orders or advisory opinions.

228.655              Division: Petitions for adoption, amendment or repeal of regulations.

 

 

GENERAL PROVISIONS

     NAC 228.010  Definitions. (NRS 228.470, 439.258)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 228.012 to 228.060, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.012  “Administrator” defined. (NRS 439.258)  “Administrator” means the Administrator of the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.015  “Agency which provides child welfare services” defined. (NRS 228.470)  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.020  “Committee” defined. (NRS 228.470)  “Committee” means the Committee on Domestic Violence appointed pursuant to NRS 228.470.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

     NAC 228.025  “Distance media” defined. (NRS 228.470)  “Distance media” means video, computer, television, correspondence, the Internet or other electronic means of communication, or any combination thereof.

     (Added to NAC by Com. on Domestic Violence by R105-10, eff. 12-16-2010)

     NAC 228.027  “Division” defined. (NRS 439.258)  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.030  “Domestic violence” defined. (NRS 228.470)  “Domestic violence” has the meaning ascribed to it in NRS 33.018 and may include, without limitation, physical, sexual or psychological violence.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

     NAC 228.031  “Electronic signature” defined. (NRS 439.258)  “Electronic signature” means a user name attached to or logically associated with a record and executed or adopted by a person with the intent to sign an electronic application or other document.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.032  “Formal training in domestic violence” defined. (NRS 228.470, 439.258)  “Formal training in domestic violence” means a course that is related to domestic violence and approved by the Division pursuant to NAC 228.225.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.034  “Hour of continuing education” defined. (NRS 228.470, 439.258)  “Hour of continuing education” means 60 minutes of instruction in a course of continuing education approved by the Division pursuant to NAC 228.225.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.035  “Indigent” defined. (NRS 228.470)  “Indigent” means a perpetrator receiving program services who does not have a current ability to pay the full program fee.

     (Added to NAC by Com. on Domestic Violence by R048-13, eff. 2-26-2014)

     NAC 228.036  “Offender” defined. (NRS 228.470)  “Offender” means a person who has been convicted of an offense that constitutes domestic violence and has been ordered by a court of competent jurisdiction in this State to participate in a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.040  “Program” defined. (NRS 228.470)  “Program” means a program for the treatment of persons who commit domestic violence that is certified pursuant to NAC 228.100.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

     NAC 228.050  “Provider of treatment” defined. (NRS 228.470)  “Provider of treatment” means a person who is qualified pursuant to NAC 228.110 to:

     1.  Be retained as an independent contractor at a program and conduct, with the assistance of another provider of treatment or a supervisor of treatment acting as a provider of treatment, a group counseling session for offenders in a program; or

     2.  Be employed at a program in a position other than as a supervisor of treatment and conduct, with the assistance of another provider of treatment or a supervisor of treatment acting as a provider of treatment, a group counseling session for offenders in a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.055  “Renewal date” defined. (NRS 439.258)  “Renewal date” means the date on which a certificate must be renewed pursuant to subsection 1 of NAC 228.130.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.057  “Signature” includes electronic signature. (NRS 439.258)  “Signature” includes an electronic signature.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.060  “Supervisor of treatment” defined. (NRS 228.470)  “Supervisor of treatment” means a person who is qualified pursuant to NAC 228.110 to be employed, or retained as an independent contractor, at a program and perform the duties set forth in NAC 228.115.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.080  Sufficiency of notice to applicant or certificate holder. (NRS 439.258)  Any notice that is required to be provided to an applicant or the holder of a certificate pursuant to NAC 228.010 to 228.275, inclusive, shall be deemed sufficient if the notice is sent to the last address or electronic mail address provided to the Division by the applicant or holder, as applicable.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

CERTIFICATION OF PROGRAM FOR TREATMENT OF PERSONS WHO COMMIT DOMESTIC VIOLENCE

General Provisions

     NAC 228.100  Application: Submission; requirements; abbreviated application for additional program; verification of information. (NRS 228.470, 439.258)

     1.  Except as otherwise provided in subsection 4, an organization which desires to obtain a certificate for a program must submit an application to the Division in the form prescribed by the Division, including, without limitation:

     (a) Proof that the organization has satisfied the requirements of subsection 3;

     (b) A copy of the curriculum and the instructional materials that will be used in the program and that satisfy the requirements set forth in NAC 228.185;

     (c) A statement of whether the applicant has a state business license and, if so, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;

     (d) The name and address of the program;

     (e) The name of each owner of the program or, if the program is operated by a corporation, the name of each:

          (1) Officer and director of the corporation; and

          (2) Person who owns 10 percent or more of the shares of the corporation;

     (f) Except as otherwise provided in subsection 5, the telephone number and electronic mail address of the program;

     (g) The name of the director of the program;

     (h) A signed statement by the director of the program or his or her designee attesting that the program complies with the requirements of NAC 228.010 to 228.275, inclusive; and

     (i) Any other information required by the Division.

     2.  The application must be signed by the director of the program or his or her designee.

     3.  To obtain a certificate, an organization which operates a program must:

     (a) Employ, or retain as an independent contractor, one or more providers of treatment who are qualified pursuant to NAC 228.110 to treat persons who commit domestic violence;

     (b) Employ, or retain as an independent contractor, at least one supervisor of treatment who is qualified pursuant to NAC 228.110 to supervise the treatment of persons who commit domestic violence;

     (c) Employ, or retain as an independent contractor, a director of the program who:

          (1) Is qualified pursuant to NAC 228.108; and

          (2) May also serve as a supervisor of treatment as required by paragraph (b) if he or she meets the requirements of NAC 228.110;

     (d) Satisfy the requirements of NAC 228.010 to 228.275, inclusive;

     (e) Provide treatment to persons who have been convicted of an offense that constitutes domestic violence which meets the requirements of any court order issued pursuant to subsection 6 of NRS 200.485, if applicable;

     (f) Allow an offender who resides more than 70 miles from the nearest program to attend counseling sessions or other meetings through electronic means if:

          (1) The offender has:

               (I) Attended at least one counseling session in person before attending a counseling session or meeting by electronic means and provided the program with a photograph of the offender that was taken within the immediately preceding year to be kept on file by the program; or

               (II) Had his or her identity verified by a court in this State before attending a counseling session or meeting by electronic means and the program provides a court with a photograph of the person who attends the counseling session or meeting by electronic means to the court to verify the identity of the person as the offender;

          (2) The electronic means by which the offender attends the counseling session or meeting allows the provider of treatment who is overseeing the counseling session or meeting to receive audio and video of the offender; and

          (3) The provider of treatment who is overseeing the counseling session or meeting verifies the identity of the offender by comparing the video of the offender with the photograph provided pursuant to subparagraph (1);

     (g) Prohibit persons who have been convicted of a first offense that constitutes domestic violence within the immediately preceding 7 years from having more than four unexcused absences within a period of 6 months; and

     (h) Prohibit persons who have been convicted of a second offense that constitutes domestic violence within the immediately preceding 7 years from having more than eight unexcused absences within a period of 12 months.

     4.  In lieu of complying with the provisions of subsections 1 and 2, an organization that operates a program certified pursuant to this section and wishes to obtain a certificate for another program may submit an abbreviated application to the Division if the curriculum and instructional materials for the additional program are substantially similar to the curriculum and instructional materials used in the certified program. An application submitted pursuant to this subsection must be in the form prescribed by the Division and be signed by the director of the additional program or his or her designee.

     5.  The Division may exempt an applicant from the requirements of paragraph (f) of subsection 1 if the applicant attests that telephone and electronic mail are not feasible means by which to communicate with the applicant and that United States mail is the only feasible means by which to communicate with the applicant.

     6.  By submitting an application pursuant to subsection 1 or 4, an applicant authorizes the Division to investigate as it determines is necessary to verify the information set forth in the application. Upon the request of the Division, the applicant must submit verification of that information.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.101  Application: Provision to Committee; meeting of Committee to consider; transmittal of Committee’s recommendation to Division. (NRS 439.258)

     1.  Upon receiving an application for the certification of a program pursuant to NAC 228.100, the Division will provide to the Committee:

     (a) The application for a recommendation as to whether the program should be certified; and

     (b) The date by which the Committee must include the application on an agenda of a meeting of the Committee, which must be at least 30 days after the date on which the Division provides the application to the Committee.

     2.  Not later than 15 days after the meeting of the Committee described in paragraph (b) of subsection 1, the Committee shall provide to the Division its written recommendation as to whether the program whose application was included on the agenda of the meeting should be certified. The recommendation may be provided electronically. Except as otherwise provided in subsection 1 of NAC 228.102, the Division will not certify a program until it receives the written recommendation of the Committee.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.102  Provisional certificate. (NRS 228.470, 439.258)

     1.  The Division may issue a provisional certificate to an organization that operates a program if:

     (a) The organization has submitted an application pursuant to NAC 228.100 and has substantially complied with the requirements set forth in that section; and

     (b) The Division has not yet received the written recommendation of the Committee pursuant to subsection 2 of NAC 228.101.

     2.  A provisional certificate expires on the date that the Division grants or denies certification to the program.

     3.  For the purposes of this section an organization has substantially complied with the requirements set forth in NAC 228.100 if the organization has employed, or retained as an independent contractor:

     (a) One or more providers of treatment and at least one supervisor of treatment who meet the training and education requirements set forth in NAC 228.110; and

     (b) A director of the program who meets the requirements of NAC 228.108.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.104  Certification of program located in another state; renewal. (NRS 228.470, 439.258)

     1.  The Division will certify, for 12 months, a program that is located in another state and that provides treatment to an offender who is authorized by a court in this State to participate in a program located in that state if the program:

     (a) Is certified by and in good standing with a regulatory agency in that state; or

     (b) Is not certified by a regulatory agency in that state but is approved by the court that sentenced the offender.

     2.  Upon request, the Division will renew the certification of such a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.106  Payment for program: Indigent offenders; sliding scale. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  At least 5 percent of the offenders accepted by the program are indigent.

     2.  The program determines the ability of an offender to pay for the program and charges the offender a fee that is based on a sliding scale that enables the offender to pay for the program.

     3.  The program does not deny an offender participation in the program solely because of the offender’s inability to pay for the program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.108  Qualifications and duties of director of program. (NRS 439.258)

     1.  The director of a program must be a supervisor of treatment, provider of treatment or person who:

     (a) Is at least 18 years of age;

     (b) Has received a high school diploma or its equivalent;

     (c) Understands the provisions of NAC 228.010 to 228.275, inclusive;

     (d) Has demonstrated the ability to read, write, speak and understand the English language; and

     (e) Has at least 1 year of supervisory or administrative experience in a related field.

     2.  The director of a program shall:

     (a) Ensure that each provider of treatment and supervisor of treatment who is employed by or serves as an independent contractor for the program meets the requirements of NAC 228.110 before providing or supervising treatment, as applicable;

     (b) Ensure compliance with NAC 228.010 to 228.275, inclusive; and

     (c) Ensure that the program develops and follows policies, procedures and schedules that ensure adequate supervision of all staff involved in the treatment of offenders.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.110  Qualifications for supervisors of treatment and providers of treatment; duties of director of program. (NRS 228.470, 439.258)

     1.  A person may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program if he or she:

     (a) Possesses a master’s or doctorate degree in a field of clinical human services from an accredited college or university;

     (b) Except as otherwise provided in subsection 4, is licensed in good standing in this State:

          (1) As a psychologist pursuant to chapter 641 of NRS;

          (2) As a marriage and family therapist pursuant to chapter 641A of NRS;

          (3) As a clinical professional counselor pursuant to chapter 641A of NRS;

          (4) As a clinical social worker pursuant to chapter 641B of NRS; or

          (5) To practice medicine pursuant to chapter 630 or 633 of NRS and practices psychiatry;

     (c) Except as otherwise provided in subsection 3, has:

          (1) At least 2 years of experience in a supervisory capacity in the provision of services to victims of domestic violence or in the treatment of persons who commit domestic violence; or

          (2) At least 5 years of experience in the direct provision of services to victims of domestic violence or treatment of persons who commit domestic violence;

     (d) Has satisfactorily completed at least 60 hours of formal training in domestic violence which includes at least 30 hours of training in the provision of services to victims of domestic violence and at least 30 hours of training in the provision of treatment to persons who commit domestic violence;

     (e) Has satisfactorily completed at least 15 hours of the training in domestic violence required by paragraph (d) during the 2 years immediately preceding the date on which the person is employed, or retained as an independent contractor, in the position of a supervisor of treatment at the program;

     (f) Except for any conviction which is the subject of a pending appeal or with respect to which the time for filing a notice of appeal has not yet expired, attests, in the form prescribed by the Division, that he or she has never been convicted of a crime which demonstrates the person’s unfitness to act as a supervisor of treatment;

     (g) Is free of violence in his or her life; and

     (h) Is not currently a person with an addictive disorder related to prescription drugs or alcohol or a user of illegal drugs.

     2.  The Division may review the qualifications of a person who may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program, to determine whether the person satisfies the requirements of subsection 1.

     3.  The provisions of paragraph (c) of subsection 1 do not apply to a person who is employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program on August 1, 2000.

     4.  A person who does not comply with the requirements of paragraph (b) of subsection 1 may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program if:

     (a) The person submits a written request to the Division that includes, without limitation, a statement concerning his or her work history, education and experience;

     (b) Upon the request of the Division, the person participates in an interview with the Division in person or by telephone, videoconference or other electronic means; and

     (c) The Division determines that the person is qualified to be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program.

     5.  Within 120 days after the Division receives a request pursuant to subsection 4, the Division will provide written notice of its approval or denial of the request to the person who submitted the request. If the Division denies the request, the notice will include the reasons for the denial of the request.

     6.  A person who is employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program pursuant to subsection 4 is qualified as a supervisor of treatment until the person is no longer employed, or retained as an independent contractor, by an organization that operates a program if he or she meets the annual continuing education requirements set forth in NAC 228.210.

     7.  A person may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program if the person:

     (a) Except as otherwise provided in subsection 9, possesses a bachelor’s degree or more advanced degree;

     (b) Is supervised by a supervisor of treatment who is qualified pursuant to subsection 1, 3 or 4 and that supervision includes, without limitation, meeting with the supervisor of treatment in person at least once each month and having the supervisor of treatment submit annual reports of satisfactory performance to the Division;

     (c) Has satisfactorily completed at least 60 hours of formal training in domestic violence that includes, without limitation, at least 30 hours of training in the provision of services to victims of domestic violence and at least 30 hours of training in the provision of treatment to persons who commit domestic violence;

     (d) Has satisfactorily completed at least 15 hours of the training in domestic violence required by paragraph (c) during the 2 years immediately preceding the date on which the person is employed, or retained as an independent contractor, in the position of a provider of treatment at the program;

     (e) Except for any conviction which is the subject of a pending appeal or with respect to which the time for filing a notice of appeal has not yet expired, attests, in the form prescribed by the Division, that he or she has never been convicted of a crime which demonstrates the person’s unfitness to act as a provider of treatment;

     (f) Is free of violence in his or her life; and

     (g) Is not currently a person with an addictive disorder related to prescription drugs or alcohol or a user of illegal drugs.

     8.  The Division may review the qualifications of a person who may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program, to determine whether the person satisfies the requirements of subsection 7.

     9.  A person may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program although the person does not meet the requirements of paragraph (a) of subsection 7, if the program is located in a county whose population is less than 50,000 and the person proves, to the satisfaction of the Division, that:

     (a) There is not another program located within a 50-mile radius of the program, or within the city or county in which the program is located;

     (b) The person possesses the necessary skills and training to perform his or her job; and

     (c) The person has satisfied all other requirements of this section.

     10.  A person who is employed, or retained as an independent contractor, in the position of a provider of treatment at a program pursuant to subsection 9 is qualified as a provider of treatment for a period which ends on the renewal date of the certificate issued for the program pursuant to NAC 228.100 or on the date on which the program ceases to operate, whichever occurs first.

     11.  The director of a program or his or her designee shall:

     (a) Upon hiring, or retaining as an independent contractor, a person in the position of a supervisor of treatment or a provider of treatment, attest in writing that the person meets the requirements of this section as a supervisor of treatment or a provider of treatment, as applicable; and

     (b) Maintain a copy of the written attestation described in paragraph (a) for the duration of the person’s employment or service as an independent contractor and provide it to the Division upon request and as required by NAC 228.130.

     12.  As used in this section, “free of violence in his or her life” means that a person:

     (a) Does not engage in acts of physical violence;

     (b) Does not verbally abuse, threaten, coerce or intimidate other persons on a regular basis;

     (c) Does not deny personal responsibility for the person’s actions or blame other persons for his or her mistakes on a regular basis; and

     (d) Lives his or her life in a manner that is capable of serving as a model of nonviolent behavior.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008; R105-10, 12-16-2010; R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.115  Duties of supervisors of treatment. (NRS 228.470, 439.258)

     1.  The organization that operates a program shall ensure that each supervisor of treatment:

     (a) Meets individually at least once each month with each provider of treatment he or she supervises;

     (b) Is available by telephone to consult with each provider of treatment he or she supervises;

     (c) Reviews, at least once each month, a random sample of at least 10 percent of the records of the offenders who are receiving treatment from each provider of treatment he or she supervises and records in a form approved by the Division each record he or she reviews;

     (d) Observes, at least once every 3 months, a group counseling session conducted by each team of two providers of treatment he or she supervises who conduct counseling sessions for the program and records in a form approved by the Division each group counseling session he or she observes; and

     (e) Prepares an annual report concerning the performance of each provider of treatment he or she supervises.

     2.  A supervisor of treatment may observe a group counseling session required pursuant to paragraph (d) of subsection 1 via distance media if the session is conducted anywhere in this State other than Boulder City, Carson City, Henderson, Las Vegas, North Las Vegas, Reno or Sparks.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010; R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.117  Professional responsibility regarding offenders. (NRS 228.470)  The organization that operates a program shall ensure that a provider of treatment or supervisor of treatment employed, or retained as an independent contractor, at a program:

     1.  Shall provide treatment with professional skill and competence;

     2.  Shall refrain from entering into a sexual relationship with any offender or victim of any offender during the time that the offender is receiving treatment by the program and for 2 years after the termination of treatment;

     3.  Shall refrain from entering into a dual relationship with any offender receiving treatment by the program or any victim of any offender receiving treatment by the program;

     4.  Shall not practice, condone, facilitate or collaborate with any form of discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, social, economic, health or marital status, political belief, diagnosis, mental or physical disability, or any preference or personal characteristic, condition or status; and

     5.  Shall not influence or attempt to influence an offender in any manner which could be reasonably anticipated in his or her deriving benefits of an unprofessional nature from the offender during the time that the offender is receiving treatment from the provider of treatment or supervisor of treatment and for 2 years after the termination of those services.

     (Added to NAC by Com. on Domestic Violence by R048-13, eff. 2-26-2014)

     NAC 228.125  Notice to Division of changes in organization, program or director; written plan to regain compliance with regulations required under certain circumstances. (NRS 228.470, 439.258)

     1.  An organization that operates a program shall notify the Division in the form prescribed by the Division not later than 30 days after any change to the information submitted pursuant to NAC 228.100, including, without limitation:

     (a) A change in the ownership of the organization;

     (b) A change of the name of the program;

     (c) A relocation of the program;

     (d) The discontinuance of the program;

     (e) A change in the director of the program; or

     (f) A change in the phone number or electronic mail address of the program.

     2.  If an organization that operates a program is no longer in compliance with the provisions of NAC 228.010 to 228.275, inclusive, because the only supervisor of treatment, or the only provider of treatment, employed or retained at the program is no longer employed or retained at the program, the organization shall submit, within 10 days after the person ceases to be employed or retained, a written plan describing the actions the organization will take to regain compliance with the provisions of NAC 228.010 to 228.275, inclusive, within 90 days after submission of the written plan.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.130  Application for renewal; notice of incomplete application; removal from list of available programs for failure to renew or denial of application. (NRS 228.470, 439.258)

     1.  Except as otherwise provided in subsections 5 and 6, an organization that has obtained a certificate for a program pursuant to NAC 228.100 must submit a completed application to renew its certification not later than 12 months after the effective date of the certificate and every 12 months thereafter. If the organization was issued a provisional certificate pursuant to NAC 228.102 before it obtained a certificate for a program pursuant to NAC 228.100, the certificate obtained pursuant to NAC 228.100 expires 18 months after the Division first issued the provisional certificate.

     2.  The certificate will be renewed if the Division determines that:

     (a) The application for renewal is complete;

     (b) The organization which operates the program has satisfied the requirements of subsection 3 of NAC 228.100;

     (c) The program has passed the inspection of the Division conducted pursuant to NAC 228.270, if one is conducted;

     (d) The organization which operates the program has submitted:

          (1) Proof of completion of the hours of continuing education required by NAC 228.210;

          (2) For each person hired or retained as an independent contractor in the position of a supervisor of treatment or a provider of treatment during the previous year, a copy of the attestation required by subsection 11 of NAC 228.110;

          (3) The annual reports required by NAC 228.115;

          (4) The names of each provider of treatment or supervisor of treatment hired or retained as an independent contractor by the program after the date on which the initial application or the most recent application for renewal, whichever is more recent, was submitted;

          (5) Proof that each provider of treatment or supervisor of treatment hired or retained as an independent contractor by the program has completed the continuing education required by NAC 228.210 for the period after the date on which the initial application or the most recent application for renewal, whichever is more recent, was submitted;

          (6) Any notification required by NAC 228.125; and

          (7) Any other information required by the Division; and

     (e) The director of the program or his or her designee has signed the application for renewal.

     3.  Except as otherwise provided in subsection 6, if a completed application and the documents described in paragraph (d) of subsection 2 are not received by the Division on or before the renewal date of the certificate, the certificate expires 30 days after that date.

     4.  If a completed application is:

     (a) Submitted electronically, it shall be deemed received by the Division on the date on which the Division records the application as having been received.

     (b) Deposited with the United States Postal Service, it shall be deemed received by the Division on the date indicated on the post office cancellation mark stamped upon the envelope containing the document if:

          (1) The envelope is properly addressed as instructed by the Division; and

          (2) That date is earlier than the actual receipt of that document.

     5.  If an incomplete application for the renewal of a certificate is submitted, the Division will notify the applicant of the additional information required to complete the application. If the Division does not receive the additional information within 90 days after the date of the notice, the Division will deny the application.

     6.  The organization may renew the certificate within 30 days after the renewal date of the certificate if the organization complies with the requirements set forth in subsection 2.

     7.  If a certificate is not renewed in a timely manner as required by subsection 1 or 6 or renewal of a certificate is denied pursuant to subsection 5:

     (a) The Division will remove the program from the list of programs that it makes available to the courts of this State; and

     (b) The organization which operated the program may reapply for certification of the program pursuant to NAC 228.100.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R105-10, 12-16-2010; R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.140  Grounds for refusal to issue or renew certificate, revocation or suspension of certificate, placement of program on probation or issuance of written warning. (NRS 228.470, 439.258)  The Division may refuse to issue or renew a certificate for a program, revoke or suspend a certificate, place a program on probation with specified conditions for a specified period or issue a written warning if:

     1.  The organization that operates the program has not complied with NAC 228.010 to 228.275, inclusive;

     2.  The organization that operates the program has obtained a certificate or any other license by fraudulent misrepresentation;

     3.  A staff member of the program has committed gross malpractice in his or her actions or omissions related to the program;

     4.  A staff member of the program, while at a facility of the program or while performing any work for the program, has been intoxicated or has used or possessed a controlled substance without a prescription;

     5.  A staff member of the program has engaged in violent behavior or has:

     (a) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

     (b) Been found guilty or guilty but mentally ill of; or

     (c) Been convicted of,

Ê a crime which demonstrates his or her unfitness to act as a staff member of the program, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

     6.  A state or other regulatory board has taken disciplinary action against a staff member of the program;

     7.  The organization that operates the program or a staff member of the program has engaged in unethical practice in the treatment of persons who commit domestic violence;

     8.  The organization that operates the program fails to notify the Division of a change in the program as required by NAC 228.125;

     9.  The organization that operates the program or a staff member of the program fails to comply with a stipulation, agreement, order, advisory opinion or declaratory order issued by the Division;

     10.  The program provides treatment to an offender after its certificate has expired; or

     11.  The organization that operates the program or a staff member of the program has engaged in any other unjust practice, method or treatment which the Division determines warrants such an action.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.150  Written notice required for refusal to issue or renew certificate or to revoke or suspend certificate; notice of remedial steps; contents of written warning; appeal. (NRS 228.470, 439.258)

     1.  The Division may:

     (a) Refuse to issue a certificate for a program;

     (b) Refuse to renew a certificate for a program for failure to comply with the provisions of paragraph (b), (c) or (d) of subsection 2 of NAC 228.130; or

     (c) Revoke or suspend a certificate for a program,

Ê only upon written notice provided pursuant to NAC 439.345.

     2.  If the Division intends to suspend the certificate of a program, the Division will also notify the program of:

     (a) The remedial steps that, if completed to the satisfaction of the Division in a timely manner, will result in the Division ending the suspension; and

     (b) The date by which such remedial steps must be completed.

     3.  A written warning issued to a treatment program pursuant to NAC 228.140 must include:

     (a) The specific reason for the warning;

     (b) A citation to the statute or regulation that the Division has determined to have been violated by the program; and

     (c) A statement of any actions that the Division has determined are necessary to remedy the violation.

     4.  An applicant for or holder of a certificate or provisional certificate who is aggrieved by an action of the Division relating to the denial of an application for or the suspension or revocation of a certificate may appeal the action in accordance with NAC 439.300 to 439.395, inclusive.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

Requirements of Treatment Programs

     NAC 228.160  Confidentiality; exceptions. (NRS 228.470, 439.258)  An organization that operates a program shall ensure that:

     1.  A provider of treatment, a supervisor of treatment who is acting as a provider of treatment, or any other staff member of the program does not disclose any confidential communications made by an offender during the course of treatment or acquired through his or her work with the program, except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Division;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     2.  Each staff member of the program maintains a confidential record indicating the reason for the treatment of the offender or the course and scope of treatment provided by a provider of treatment.

     3.  No staff member of the program discloses a confidential record or information contained in such a record to another person except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Division;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     4.  A provider of treatment:

     (a) Informs each offender of the provisions set forth in subsections 1 and 3; and

     (b) Before providing any treatment to the offender, obtains written consent from the offender in the form prescribed by the Division that sets forth that a confidential communication made by the offender and a confidential record relating to the offender or information contained in such a record may be disclosed for any of the purposes set forth in subsection 1 or 3.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.165  Treatment to be provided as prescribed in written treatment plan; requirements for group counseling; waiver of requirements. (NRS 228.470, 439.258)

     1.  An organization that operates a program shall ensure that:

     (a) Treatment is provided to each offender in the form and at the frequency prescribed in the written plan of treatment developed for the offender pursuant to NAC 228.170.

     (b) Any treatment that is provided to an offender by the program in a group counseling session:

          (1) Is conducted by:

               (I) Two providers of treatment;

               (II) A provider of treatment and a supervisor of treatment who is acting as a provider of treatment; or

               (III) One provider of treatment only if an emergency exists which prevents a group counseling session from being conducted pursuant to sub-subparagraph (I) or (II) and not more than four group counseling sessions in a period of 26 weeks, or eight group counseling sessions in a period of 52 weeks, are conducted by one provider of treatment only; and

          (2) Is conducted for the gender of the offenders in the group counseling session.

     (c) If a supervisor of treatment determines that an offender for whom group counseling is prescribed in the written plan of treatment developed for the offender pursuant to NAC 228.170 cannot be treated in a group counseling session because the offender has a physical or mental limitation that is not related to the use of alcohol or other substance use disorders, the offender is referred to an appropriate provider of health care or other services.

     (d) A supervisor of treatment who is making a determination pursuant to paragraph (c) has provided reasonable accommodation to the known physical or mental limitations of an offender with a disability who is otherwise eligible to obtain treatment in a group counseling session, unless the supervisor of treatment can demonstrate that such accommodation would result in a fundamental alteration of the program or an undue financial or administrative burden.

     (e) If an offender does not receive treatment by the program because of a determination made pursuant to paragraph (c), the supervisor of treatment notifies the court that sentenced the offender of that fact and advises the offender to do the same.

     (f) A separate group counseling session is provided for an offender for whom group counseling is prescribed in the written plan of treatment developed for the offender pursuant to NAC 228.170 who is under the age of 18 years and for whom an adult session is not suitable.

     2.  A program shall maintain an attendance record for and an explanation for the group size of each group counseling session conducted within the current calendar year and each of the immediately preceding 2 calendar years.

     3.  Except as otherwise provided in subsection 4, a program shall maintain an annual average of 15 offenders or less in group counseling sessions.

     4.  The Division may waive the requirements set forth in this section if the Division determines that it would be impracticable or impossible for an organization that operates a program to comply with those requirements.

     5.  As used in this section, “provider of health care or other services” includes:

     (a) A physician or a physician assistant who is licensed pursuant to chapter 630 or 633 of NRS;

     (b) A psychologist who is licensed pursuant to chapter 641 of NRS;

     (c) A marriage and family therapist who is licensed pursuant to chapter 641A of NRS;

     (d) A clinical professional counselor who is licensed pursuant to chapter 641A of NRS; and

     (e) A clinical social worker who is licensed pursuant to chapter 641B of NRS.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.170  Methods and standards of treatment; development of written treatment plan; report of results of evaluation. (NRS 228.470, 439.258)  An organization that operates a program shall ensure that:

     1.  The program holds an offender accountable for accepting responsibility for his or her violence and for changing his or her violent behavior, including, without limitation, developing concern and empathy for a person who is a victim of domestic violence.

     2.  A provider of treatment:

     (a) Evaluates individually each offender for whom he or she will provide treatment upon the admission of the offender to the program;

     (b) Develops a written plan of treatment for the offender that includes, without limitation:

          (1) Treatment relating to a history of domestic violence, child abuse, sexual abuse or the use of alcohol or other substance use disorder of the offender, including, without limitation, individual counseling, group counseling or a combination of individual and group counseling at a frequency determined by the provider of treatment in accordance with the requirements of any court order issued pursuant to subsection 6 of NRS 200.485, if applicable, and treatment relating to the evaluation of the offender by the provider of treatment; and

          (2) A mechanism for measuring the progress of the offender in the program, including, without limitation, his or her attendance and participation in counseling sessions, completion of assignments, and behavior and attitudinal changes;

     (c) Develops, in consultation with the offender, a written plan of control for the offender to deter the offender from engaging in violent behavior or behavior that is harmful to himself or herself or other persons;

     (d) Periodically assesses the needs and progress of the offender throughout the participation of the offender in the program and adjusts the written plan of treatment in accordance with the needs of the offender, as determined by the provider of treatment;

     (e) Reports evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency; and

     (f) Reports evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093.

     3.  A provider of treatment prepares a written report of the results of the evaluation conducted pursuant to subsection 2 that includes, without limitation:

     (a) A profile of information relating to the violent behavior of the offender that includes, without limitation, descriptions of the violent behavior obtained from a victim of domestic violence by the offender, an agency of criminal justice or another provider of treatment, if applicable;

     (b) Observations regarding the mental status of the offender, if the provider of treatment determines that it is appropriate to include those observations in the evaluation;

     (c) An assessment of the degree to which the offender is likely to harm himself or herself or other persons;

     (d) The medical and psychological history of the offender, if the provider of treatment determines that it is appropriate to include that information in the evaluation;

     (e) A description of any misuse of drugs or alcohol by the offender and the effect that the misuse had on the offender and his or her family; and

     (f) The social and cultural history of the offender as it relates to domestic violence.

     4.  Upon the admission of an offender to the program, the program requires a written agreement that sets forth the responsibilities of the offender and the provider of treatment and includes the provisions set forth in NAC 228.175. The agreement must be signed by:

     (a) The offender in the presence of a provider of treatment; and

     (b) The provider of treatment who witnessed the signature pursuant to paragraph (a).

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.175  Contents of written agreement between offender and provider of treatment. (NRS 228.470, 439.258)  An organization that operates a program shall ensure that the agreement an offender is required to comply with pursuant to NAC 228.170 provides:

     1.  That the offender agrees to:

     (a) Submit a copy of:

          (1) The report prepared by a peace officer pursuant to NRS 171.1227;

          (2) The order of the court requiring the offender to participate in a program;

          (3) Any report concerning probation prepared by the offender’s parole and probation officer; and

          (4) The results of a psychological evaluation of the offender if such an evaluation has been completed;

     (b) Be free of all forms of violence, including, without limitation, physical, sexual and psychological violence;

     (c) Accept responsibility for his or her violent behavior;

     (d) Attend counseling sections as prescribed in the written plan of treatment developed pursuant to NAC 228.170;

     (e) Refrain from using sexist or racist language in the counseling sessions;

     (f) Pay any fee charged by the program pursuant to NAC 228.106;

     (g) Refrain from using any alcohol or drugs during the period in which the offender is participating in the program if the provider of treatment indicates in the report of the results of the evaluation he or she prepared pursuant to NAC 228.170 that the offender has misused alcohol or drugs;

     (h) Openly express feelings and emotions in the counseling sessions;

     (i) Refrain from discussing the identity of or communications made by another offender in a group counseling session;

     (j) Refrain from violating an order of a court of competent jurisdiction, including, without limitation, a temporary or extended order for protection against domestic violence, an order prohibiting contact with a person who is a victim of domestic violence by the offender, an order obligating the offender to support his or her family, or a condition of probation;

     (k) Refrain from communicating with or otherwise contacting or attempting to contact a victim of domestic violence who resides in a shelter for victims of domestic violence;

     (l) Refrain from visiting a shelter for victims of domestic violence;

     (m) Assist the provider of treatment in developing a written plan of control as described in NAC 228.170; and

     (n) Use the plan of control described in NAC 228.170.

     2.  The number of treatment sessions the offender must attend to complete the treatment ordered by the court and the number of absences from treatment sessions that the offender is allowed, if any.

     3.  That the program will, pursuant to NAC 228.195, terminate the treatment of the offender if he or she violates any of the provisions of the agreement.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.180  Protection of victim. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  No staff member of the program:

     (a) Blames a person who is a victim of domestic violence for the domestic violence; or

     (b) Places a person who is a victim of domestic violence in danger as a result of any statement made or action taken by the staff member.

     2.  If a provider of treatment receives a request from a person who is a victim of domestic violence or who he or she determines is at risk of becoming a victim of domestic violence by the offender, the provider of treatment assists the person in developing and carrying out a plan for the safety and protection of that person.

     3.  Each staff member of the program maintains any information relating to a victim of domestic violence separate from any records or other information relating to an offender.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.185  Curriculum and instructional materials. (NRS 228.470)  An organization that operates a program shall ensure that the curriculum and instructional materials used in the program include the following topics:

     1.  The patterns and cycle of violent or abusive behavior;

     2.  How patterns and attitudes toward violent behavior in a family are often learned by the generations that follow;

     3.  The ability to remove oneself from situations that have the potential of becoming violent before acting in a violent or abusive manner;

     4.  Beliefs of offenders and myths relating to provocation;

     5.  The necessity of using a plan of control that is developed by a provider of treatment pursuant to NAC 228.170;

     6.  Tactics used by an offender to obtain or maintain power over and control of a person who is a victim of domestic violence, including, without limitation, isolating the person, emotionally abusing the person, sexually abusing the person, intimidating the person and threatening the person;

     7.  Methods of controlling violent behavior;

     8.  Management of stress;

     9.  Socialization of roles relating to gender and the effect of those roles on the beliefs and attitudes of the offender relating to his or her violent behavior;

     10.  Resolution of conflict;

     11.  Skills for effective communication;

     12.  Taking responsibility for engaging in violent behavior;

     13.  Personal and cultural attitudes toward the opposite sex;

     14.  Cultural and societal bases for engaging in violent behavior, including, without limitation, values and beliefs relating to violent behavior;

     15.  Defining alcohol and other substance use disorders and discussing the effect that such disorders have on an offender and his or her family;

     16.  Skills related to parenting that focus on the effect of domestic violence on children;

     17.  Skills related to enhancing personal relationships;

     18.  Guilt and shame experienced by an offender relating to his or her violent behavior;

     19.  The ability to share power and decision making equally in a personal relationship;

     20.  Using a model for personal relationships that is based on nonviolence and equality and that incorporates the concepts of accountability for one’s own behavior, negotiation, fairness, and equality concerning economic issues; and

     21.  Identifying signs of a relapse in behavior and methods of preventing such a relapse.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.190  Inappropriate treatment. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  The treatment provided to an offender by the program is not:

     (a) Based on the premise that domestic violence is a disease or an addictive behavior; and

     (b) Provided as a counseling session with a person who was a victim of domestic violence by the offender unless:

          (1) The offender has completed the treatment ordered by the court; and

          (2) The person who was the victim of domestic violence feels safe and a provider of treatment has developed a plan to ensure the safety of that person.

     2.  The program does not:

     (a) Delay the treatment of an offender because the offender is misusing drugs or alcohol; and

     (b) Credit any treatment sessions an offender completed for the misuse of drugs or alcohol toward the completion of the treatment ordered by the court.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.195  Certificate of completion; discharge or termination; notice of potential for repeat of violent behavior; documentation. (NRS 228.470)

     1.  An organization that operates a program shall ensure that:

     (a) The program issues a certificate of completion to an offender who:

          (1) Successfully completes the program; and

          (2) Complies with the provisions of the agreement set forth in NAC 228.175.

     (b) The program issues a discharge to an offender who is unable to complete the program because he or she has moved from the area of service of the program or has been referred to another program.

     (c) The program terminates the treatment of an offender who violates any of the provisions of the agreement set forth in NAC 228.175.

     2.  If the program issues a discharge to an offender or terminates the treatment of an offender, the organization that operates the program shall notify:

     (a) The court that sentenced the offender of the discharge or termination and provide to the court a written summary concerning the behavior of the offender in the program and the number of treatment sessions the offender successfully completed, if any; and

     (b) The offender that he or she is required to make a request to the court that sentenced him or her to reassign him or her to another program.

     3.  An organization that operates a program shall ensure that if, at the time that a discharge or termination of an offender is considered, the offender exhibits signs of violent behavior and resists treatment, a provider of treatment:

     (a) Notifies each person who is known to be a victim of domestic violence by the offender, if possible;

     (b) Provides to the court that sentenced the offender, and to each of the following persons the provider of treatment determines is necessary, a statement of the progress of the offender and the recommendation of the provider of treatment concerning whether the treatment of the offender should be continued or terminated:

          (1) The parole and probation officer of the offender;

          (2) The prosecuting attorney; and

          (3) An agency which provides child welfare services; and

     (c) Requests that the offender continue his or her participation in the program or refers the offender to another program.

     4.  An organization that operates a program shall ensure that any documentation of actions taken under this section is placed in the file of the offender.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

     NAC 228.197  Retention of records. (NRS 228.470)  An organization that operates a program shall retain all records relating to an offender for 7 years after the last date of treatment of that offender.

     (Added to NAC by Com. on Domestic Violence by R001-08, eff. 8-26-2008)

     NAC 228.198  Methods and measures to evaluate outcomes of program; submission of data and information to Division to measure effectiveness of program. (NRS 439.258)  The Division or an independent contractor thereof may require a program to:

     1.  Use methods and measures prescribed by the Division to evaluate the outcomes of the program; and

     2.  Submit to the Division or contractor thereof, as part of the annual reports required by NAC 228.115 or at any other time required by the Division or contractor thereof, any data or other information necessary to measure the effectiveness of a program, including, without limitation, social security numbers of offenders who participated in the program, information concerning outcomes for such offenders, dropout rates, reinstatement rates, treatment methods and input from staff and clients.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.200  Notice to court and offender if certification of program is not renewed. (NRS 228.470)  If the certification of a program is not renewed, the organization that operates the program shall notify each:

     1.  Court that refers offenders to the program that the certification of the program was not renewed; and

     2.  Offender who has been referred to the program that he or she is required to make a request to the court that sentenced him or her to:

     (a) Reassign the offender to another program; and

     (b) Determine the number of treatment sessions the offender completed, if any, that will be credited toward the completion of the treatment ordered by the court.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

Continuing Education and Formal Training

     NAC 228.210  Annual requirements. (NRS 228.470, 439.258)

     1.  An organization that operates a program shall:

     (a) Ensure that each supervisor of treatment and each provider of treatment completes annually at least 15 hours of continuing education approved by the Division.

     (b) Maintain proof of the content and completion of the hours of continuing education required pursuant to paragraph (a) for each supervisor of treatment and each provider of treatment for at least 2 years after the 15 hours of continuing education are completed.

     (c) Maintain proof of the content and completion of the hours of formal training required pursuant to NAC 228.110 for each supervisor of treatment and each provider of treatment until the supervisor of treatment or provider of treatment is no longer employed, or retained as an independent contractor, by the organization.

     2.  A provider of treatment or supervisor of treatment may not receive credit for continuing education for completing a course of continuing education if he or she has already completed the course within the immediately preceding 2 years.

     3.  A supervisor of treatment shall meet annually with each provider of treatment that he or she supervises to assess the needs of the provider of treatment for continuing education and select the continuing education that the provider of treatment will complete to fulfill the requirements of paragraph (a) of subsection 1.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010; R048-13, 2-26-2014; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.215  Application to offer or teach course or training; approval of nationally recognized organization without application. (NRS 228.470, 439.258)

     1.  Except as otherwise provided in subsection 4, a person who wishes to offer or teach a course of continuing education or formal training in domestic violence must, for all such continuing education or formal training provided in any format, submit to the Division an application that includes, without limitation:

     (a) The name and address of the instructor of the course;

     (b) The resume of the instructor;

     (c) The syllabus for the course;

     (d) The content of the information that will be provided to persons enrolled in the course;

     (e) A written evaluation of the content and presentation of the course that will be completed by each person who is enrolled in the course; and

     (f) A statement describing:

          (1) The purpose of the course; and

          (2) The requirements for attendance.

     2.  The Division may request additional information or documentation from an applicant as the Division deems necessary.

     3.  The Division will consider the information submitted pursuant to paragraph (d) of subsection 1 to be proprietary information and will not release that information without the consent of the applicant.

     4.  The Division may approve a nationally recognized organization to offer or teach a course of continuing education or formal training in domestic violence that has not applied for such approval pursuant to subsection 1.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.218  Subjects that may be approved for course or training. (NRS 439.258)  The Division may approve an application submitted pursuant to NAC 228.215 for a course of continuing education or formal training in domestic violence covering:

     1.  Confidentiality;

     2.  Ethics;

     3.  Domestic violence laws of this State;

     4.  The provisions of this chapter;

     5.  Dynamics of power and tactics used by perpetrators of domestic violence to control their victims;

     6.  Gender roles, socialization and the nature and function of violence;

     7.  Movement of victims to shelters and safety and sensitivity toward victims;

     8.  Substance use disorder and domestic violence;

     9.  The use of violent self-defense by victims;

     10.  The effects of violence on children;

     11.  Post-traumatic stress;

     12.  Cultural competency and diversity;

     13.  Programs to intervene concerning perpetrators of domestic violence and community response to domestic violence;

     14.  Facilitation of group therapy;

     15.  Procedures for intake and assessment;

     16.  Use of meditation for self-control;

     17.  Epigenetic attachment disorders;

     18.  Use of questions for self-evaluation;

     19.  The curriculum used by the agency for whom the recipient of the training is serving;

     20.  Treatment methodologies for perpetrators of domestic violence;

     21.  Intimacy skills;

     22.  Any combination of the subjects listed in subsections 1 to 21, inclusive; or

     23.  Any other subject deemed appropriate by the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.220  Application to obtain credit for course not previously approved by Division. (NRS 228.470, 439.258)

     1.  A provider of treatment or supervisor of treatment who wishes to obtain credit for a course of continuing education or approval for formal training in domestic violence that has not been approved by the Division must submit to the Division an application that includes the information set forth in subsection 1 of NAC 228.215.

     2.  The Division may request additional information or documentation from an applicant as the Division deems necessary.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.225  Approval of course or training by Division; credit for completion; written notice of decision; appeal. (NRS 228.470, 439.258)

     1.  The Division will approve a course of continuing education or formal training in domestic violence or award credit for completion of a course of continuing education if the course:

     (a) Will be taught by a qualified instructor as demonstrated by his or her educational, professional and teaching experience;

     (b) Contains appropriate educational material concerning domestic violence or the treatment of an offender, or both; and

     (c) Requires the completion of a written evaluation of the content and presentation of the course by each provider of treatment and supervisor of treatment who is enrolled in the course.

     2.  Within 15 days after the Division renders its decision concerning an application made pursuant to NAC 228.215 or 228.220, it will provide written notice of its decision to the applicant.

     3.  If the Division approves the course or will award credit for the completion of the course, the notice of approval will set forth:

     (a) The number of hours of continuing education for which the course is approved or for which the applicant will receive credit; and

     (b) If the application was submitted pursuant to NAC 228.215, the number of times the course may be offered.

     4.  Before denying an application to offer or teach a course of continuing education or formal training in domestic violence, the Division will provide notice in accordance with NAC 439.345. A person who is aggrieved by an action of the Division relating to the denial of an application may appeal that action in accordance with NAC 439.300 to 439.395, inclusive.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

Enforcement

     NAC 228.270  Authorization for Division to conduct on-site inspection; requirements for report of inspection. (NRS 439.258)

     1.  The Division may conduct an on-site inspection of a program at any time to determine whether the organization that operates the program is in compliance with the provisions of NAC 228.010 to 228.275, inclusive.

     2.  Upon the completion of an inspection, the Division will:

     (a) Compile a report of the inspection, which must include a description of each violation discovered during the inspection or a statement that no violations were discovered during the inspection; and

     (b) Make the report available to the program that is the subject of the report.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.275  Plan of corrective action for violations; effect of failure to submit plan; determination of Division whether plan is acceptable. (NRS 439.258)

     1.  If a report compiled pursuant to NAC 228.270 or 228.460 indicates that a violation has occurred, the program that is the subject of the report shall, not later than 10 days after the report is made available to the program, submit to the Division a plan of correction for each violation. The plan of correction must include specific actions that will be taken to correct the violation, the date by which such actions will be taken and the name and title of the employee or independent contractor of the program who is responsible for ensuring that the plan is implemented. Failure to submit a timely plan of correction constitutes a separate violation for which additional disciplinary action may be imposed.

     2.  If the Division determines that a plan of correction is:

     (a) Acceptable, the Division will notify the program that submitted the plan of correction that the plan of correction has been approved; or

     (b) Not acceptable, the Division may require the program that submitted the plan of correction to:

          (1) Submit a revised plan of correction; or

          (2) Comply with a plan of correction prescribed by the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

PRACTICE AND PROCEDURE

Complaints and Investigations

     NAC 228.460  Submission of complaint to Division; investigation after receipt; investigation authorized regardless of whether complaint is submitted; scope of investigation; report. (NRS 233B.050, 439.258)

     1.  Any person may submit a complaint concerning a program to the Division if the person believes that the program has:

     (a) Placed a victim of domestic violence at risk of harm; or

     (b) Violated a provision of NAC 228.010 to 228.275, inclusive.

     2.  A person may not submit a complaint to the Division concerning the cost of services provided by a program.

     3.  Upon the receipt of a complaint, the Division will provide written notice to the person who filed the complaint that the complaint has been received.

     4.  Not later than 45 days after receiving a complaint concerning a program pursuant to subsection 1, the Division will initiate an investigation of the program. The Division may also investigate a program if it determines that a program has likely committed an action described in subsection 1, regardless of whether a complaint is submitted.

     5.  An investigation conducted pursuant to subsection 4 may include, without limitation:

     (a) Seeking additional information or requesting documents from the complainant, the program to which the complaint pertains or any other person involved in the actions described in the complaint; and

     (b) A visit to any site at which the program operates to interview staff and clients, review records and make observations.

     6.  Not later than 10 business days after completing an investigation, the Division will:

     (a) Compile a report of the investigation, which must include, without limitation, a description of each violation discovered during the inspection or a statement that no violations were discovered during the investigation; and

     (b) Make the report available to the program that is the subject of the report.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

     NAC 228.470  Confidentiality of proceedings and investigations; exceptions; release of report of investigation; scope of investigation based on informal complaint; effect of dismissal of informal complaint. (NRS 233B.050, 439.258)

     1.  All proceedings and investigations after the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation or as otherwise provided in this subsection. A report of an investigation made available to a program pursuant to NAC 228.270 or 228.460 or a plan of correction approved by the Division pursuant to NAC 228.275 are not confidential, except that any information which may establish the identity of a victim of domestic violence, including, without limitation, the victim’s address or telephone number, the address or telephone number of his or her employer, the address or location of his or her child, or the school attended by his or her child is confidential and may not be disclosed by the Division.

     2.  The Division may, upon request, release a report of an investigation to any person after:

     (a) The expiration of at least 14 days immediately following the date on which the report is made available to the program that is the subject of the report pursuant to NAC 228.270 or 228.460; or

     (b) The approval of a plan of correction,

Ê whichever is earlier.

     3.  If the Division conducts an investigation upon an informal complaint against a program, the Division will not limit the scope of its investigation to the matters set forth in the informal complaint but may extend the investigation to any additional matters that appear to constitute a violation of any provision of this chapter.

     4.  If, after its investigation, the Division dismisses the informal complaint, the dismissal does not operate as a limitation on or a deterrent to any subsequent investigation or other action by the Division.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; A by Div. of Pub. & Behavioral Health by R159-17, 8-30-2018)

Miscellaneous Petitions

     NAC 228.625  Committee: Petitions to appear before. (NRS 233B.050)

     1.  Any person may petition the Committee to appear and be heard on any matter within the jurisdiction of the Committee if:

     (a) The person submits a petition in writing that contains a brief summary of the subject matter and the reason for bringing the matter before the Committee; and

     (b) Except as otherwise provided in subsection 2, the Committee receives the petition at least 30 days before the meeting of the Committee at which the petitioner wishes to be heard.

     2.  The Committee may waive the requirement set forth in paragraph (b) of subsection 1.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

     NAC 228.630  Committee: Petitions for declaratory orders or advisory opinions. (NRS 233B.050)

     1.  The Committee will consider petitions for declaratory orders or advisory opinions relating to the applicability of any statutory provision, regulation or decision of the Committee.

     2.  All petitions for declaratory orders and advisory opinions must be in writing and include a statement of the reasons for the request.

     3.  Within 60 days after the submission of a petition for a declaratory order or advisory opinion, the Committee will deny the petition in writing, stating its reasons, or grant the petition. If the petition is granted, the presiding member of the Committee, its counsel or a member of the Committee designated by the Committee shall prepare a draft of the declaratory order or advisory opinion for adoption by the Committee at its next regularly scheduled meeting.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

     NAC 228.640  Committee: Petitions for adoption, amendment or repeal of regulations. (NRS 233B.050)

     1.  Any interested person may petition the Committee in writing requesting the adoption, amendment or repeal of any regulation. The petition must include relevant data, views and arguments.

     2.  A petition requesting the adoption, amendment or repeal of a regulation shall be deemed to be submitted to the Committee 30 days after the petition is first placed on the agenda of a meeting of the Committee.

     3.  Within 30 days after the submission of the petition, the Committee will deny the petition in writing, stating its reasons, or initiate proceedings in accordance with NRS 233B.060.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

     NAC 228.650  Division: Petitions for declaratory orders or advisory opinions. (NRS 439.258)

     1.  The Division will consider a petition by any person or entity with a direct and tangible interest in the applicability of any statutory provision, regulation or decision of the Division for a declaratory order or advisory opinion relating to the applicability of the statutory provision, regulation or decision.

     2.  A petition for a declaratory order or advisory opinion must be made by signed letter to the Administrator.

     3.  Upon receipt of a petition that complies with the requirements of subsections 1 and 2, the Administrator will issue a declaratory order or advisory opinion and mail it to the petitioner.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)

     NAC 228.655  Division: Petitions for adoption, amendment or repeal of regulations. (NRS 439.258)

     1.  Any interested person or entity may petition the Division in writing requesting the adoption, amendment or repeal of any regulation pursuant to NRS 439.258 by signed letter to the Administrator. The petition must include relevant data, views and arguments.

     2.  Within 30 days after the submission of the petition, the Administrator will deny the petition in writing, stating its reasons, or initiate proceedings in accordance with NRS 233B.060.

     (Added to NAC by Div. of Pub. & Behavioral Health by R159-17, eff. 8-30-2018)