Nac: Chapter 641C - Alcohol, Drug And Gambling Counselors (United States)

Nac: Chapter 641C - Alcohol, Drug And Gambling Counselors

Published: 2015

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NAC: CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING COUNSELORS

[Rev. 2/20/2020 12:26:27 PM]

[NAC-641C Revised Date: 2-20]

CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING COUNSELORS

GENERAL PROVISIONS

641C.005 Definitions.

641C.008 “Accredited college or university” defined.

641C.010 “Applicant” defined.

641C.015 “Board” defined.

641C.018 “Certified intern” defined.

641C.020 “Client” defined.

641C.023 “Clinical practice of counseling persons with alcohol and other substance use disorders” defined.

641C.025 “Complainant” defined.

641C.030 “Counselor” defined.

641C.035 “Detoxification” defined.

641C.040 “Hour of continuing education” defined.

641C.045 “Investigator” defined.

641C.050 “Legal counsel” defined.

641C.051 “Party” defined.

641C.052 “Practice of counseling persons with alcohol and other substance use disorders” defined.

641C.053 “Practice of counseling problem gamblers” defined.

641C.054 “Problem gambling” defined.

641C.055 “Respondent” defined.

641C.060 “Staff” defined.

641C.065 “Treatment for alcohol and other substance use disorders” defined.

641C.066 “Treatment for problem gambling” defined.

641C.070 “Field of social science” interpreted; qualification of degree.

641C.075 Severability.

641C.080 Applicability of provisions relating to acquisition, maintenance and disclosure of information relating to client.

BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS

641C.100 Duties of staff.

641C.120 Adoption by reference of Code of Ethics.

LICENSING AND CERTIFICATION; SUPERVISION

641C.200 Application for license or certificate.

641C.205 Allowance of credit for college courses.

641C.210 Evidence of age.

641C.215 Action by staff or Board upon receipt of application for license or certificate.

641C.220 Examinations.

641C.225 Licensure or certification without examination of applicant who holds license, certificate or other credential from another jurisdiction.

641C.230 Authority of Board following disciplinary action against applicant in this or another jurisdiction.

641C.235 Application for renewal of license or certificate.

641C.240 Fees.

641C.245 Payment of fees and remittances; lapse of application.

641C.250 Authorized activities of counselor and certified intern; scope of practice of counseling; representation as counselor or certified intern.

641C.255 Evidence of license or certificate.

641C.260 Display of license or certificate by counselor.

641C.265 Display of certificate by certified intern.

641C.270 List of licensed or certified persons; notice of change of address.

641C.275 Deactivation of license or certificate; procedure for reactivation; expiration and renewal.

641C.276 Native American Alcohol and Drug Counselors: Qualifications for certificate; designation.

641C.277 Native American Alcohol and Drug Counselors: Certification without examination.

641C.278 Native American Alcohol and Drug Counselors: Authorized activities.

641C.280 Supervisors of certified interns: Generally.

641C.285 Supervisors of certified interns: Duties.

641C.290 Certain hours and activities completed by certified intern not counted toward requirements for certification or licensure; approval of change of supervisor; education and training of certified intern.

641C.295 Grounds for withdrawal of approval to supervise certified intern.

CONTINUING EDUCATION

641C.300 Requirements for maintenance or renewal of license or certificate; grounds for disciplinary action.

641C.305 Affidavit or statement of completion: Submission; verification of authenticity; maintenance of documentation.

641C.310 Approval of course or program of education by Board.

641C.315 Unacceptable courses and programs of education.

641C.320 Requirements for approval of course or program of education.

STANDARDS OF PRACTICE

641C.400 Restrictions on use of license or certificate; representations and disclosures.

641C.405 Professional responsibility.

641C.410 Responsibility to client.

641C.415 Informed consent of client.

641C.420 Financial arrangements and records.

641C.425 Confidentiality of information.

641C.430 Coordination of care.

641C.435 Research: Consent and protection of participants; credit for work.

641C.440 Unprofessional conduct.

641C.445 “Professional incompetence” interpreted.

641C.450 Acts constituting professional incompetence.

ADMINISTRATIVE PROCEEDINGS

Parties and Representatives

641C.500 Classification of parties.

641C.505 Appearance by staff.

641C.510 Appearance by party.

641C.520 Attendance and representation of parties.

641C.525 Withdrawal of attorney.

Pleadings, Motions and Discovery

641C.530 Captions.

641C.535 Execution.

641C.540 Construction.

641C.545 Applications.

641C.550 Petitions.

641C.555 Complaints: Filing and resolution.

641C.560 Complaints: Confidentiality of information during investigation.

641C.565 Motions.

641C.570 Filing pleadings and motions.

641C.575 Method of service.

641C.580 Proof of service.

641C.585 Discovery of witnesses and evidence.

Hearings

641C.587 Prehearing conference.

641C.588 Rulings on preliminary matters.

641C.590 Notice of hearing.

641C.595 Failure to appear.

641C.600 Procedure at hearing; inclusion of certain documents in record; posthearing briefs.

641C.605 Conduct.

641C.615 Stipulations.

641C.620 Official notice.

641C.625 Decision by Board.

641C.630 Petition for rehearing.

Disciplinary Proceeding

641C.632 Action by Board after hearing.

Miscellaneous Petitions

641C.635 Petition for declaratory order or advisory opinion: Scope of consideration.

641C.640 Petition for declaratory order or advisory opinion: Action by Board.

641C.645 Petition for declaratory order or advisory opinion: Preparation of order or opinion; notice to petitioner.

641C.650 Petition for declaratory order or advisory opinion: Violation of order or opinion.

641C.655 Petition for adoption, amendment or repeal of regulation.

GENERAL PROVISIONS

NAC 641C.005 Definitions. (NRS 641C.200) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 641C.008 to 641C.066, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)

NAC 641C.008 “Accredited college or university” defined. (NRS 641C.200) “Accredited college or university” means:

1. A college or university that is accredited by a national or regional accrediting agency that is recognized by the Office of Postsecondary Education of the United States Department of Education; and

2. A college or university that is accredited or approved by another state to award a diploma to students upon graduation, if approved by the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R072-07, 12-4-2007)

NAC 641C.010 “Applicant” defined. (NRS 641C.200) “Applicant” means a person who applies for any license, certificate or approval from the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.015 “Board” defined. (NRS 641C.200) “Board” has the meaning ascribed to it in NRS 641C.030.

NAC 641C.018 “Certified intern” defined. (NRS 641C.200) “Certified intern” has the meaning ascribed to it in NRS 641C.060.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008)

NAC 641C.020 “Client” defined. (NRS 641C.200) “Client” means a natural person, couple or family who receives counseling services for alcohol and other substance use disorders or for an addictive disorder related to gambling.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.023 “Clinical practice of counseling persons with alcohol and other substance use disorders” defined. (NRS 641C.200) “Clinical practice of counseling persons with alcohol and other substance use disorders” has the meaning ascribed to it in NRS 641C.065.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R185-07, eff. 12-17-2008)

NAC 641C.025 “Complainant” defined. (NRS 641C.200) “Complainant” means a person who files a complaint with the Board concerning a holder of a license or certificate issued by the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.030 “Counselor” defined. (NRS 641C.200) “Counselor” means a person who is:

1. Licensed or certified as an alcohol and drug counselor;

2. Licensed as a clinical alcohol and drug counselor; or

3. Certified as a problem gambling counselor.

NAC 641C.035 “Detoxification” defined. (NRS 641C.200) “Detoxification” means the monitoring of a person who is at risk of suffering from the adverse physiological or psychological effects of withdrawal from alcohol or another drug to bring the person safely to a state that is free of the drug.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.040 “Hour of continuing education” defined. (NRS 641C.200) “Hour of continuing education” means 50 minutes of instruction devoted to a program of continuing education which is related to:

1. The practice of counseling persons with alcohol and other substance use disorders;

2. The clinical practice of counseling persons with alcohol and other substance use disorders; or

3. The practice of counseling persons with an addictive disorder related to gambling.

NAC 641C.045 “Investigator” defined. (NRS 641C.200) “Investigator” means an investigator of the Board who is investigating a complaint filed with the Board and includes, without limitation, any member of the Board who is active in such an investigation.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.050 “Legal counsel” defined. (NRS 641C.200) “Legal counsel” means the legal counsel of the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.051 “Party” defined. (NRS 641C.200) “Party” includes, without limitation:

1. A holder of a license or certificate issued by the Board who has been served with a formal complaint alleging a disciplinary violation;

2. An attorney who is representing the holder of a license or certificate issued by the Board; and

3. The legal counsel.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.052 “Practice of counseling persons with alcohol and other substance use disorders” defined. (NRS 641C.200) “Practice of counseling persons with alcohol and other substance use disorders” has the meaning ascribed to it in NRS 641C.100.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008)

NAC 641C.053 “Practice of counseling problem gamblers” defined. (NRS 641C.200) “Practice of counseling problem gamblers” has the meaning ascribed to it in NRS 641C.105.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008)

NAC 641C.054 “Problem gambling” defined. (NRS 641C.200) “Problem gambling” has the meaning ascribed to it in NRS 641C.110.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008)

NAC 641C.055 “Respondent” defined. (NRS 641C.200) “Respondent” means the holder of a license or certificate issued by the Board against whom a complaint is filed or an investigation is initiated.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.060 “Staff” defined. (NRS 641C.200) “Staff” means the staff of the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.065 “Treatment for alcohol and other substance use disorders” defined. (NRS 641C.200) “Treatment for alcohol and other substance use disorders” means the care of a person with a substance use disorder through detoxification, medication or counseling, or any combination thereof.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.066 “Treatment for problem gambling” defined. (NRS 641C.200) “Treatment for problem gambling” means the care of a person suffering from problem gambling through counseling.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.070 “Field of social science” interpreted; qualification of degree. (NRS 641C.200) For the purposes of this chapter and NRS 641C.330, 641C.340, 641C.350, 641C.390, 641C.420, 641C.430 and 641C.440:

1. The Board will interpret the term “field of social science” to mean:

(a) Any program in:

(1) Counseling persons with alcohol and other substance use disorders;

(2) Counseling persons with an addictive disorder related to gambling;

(3) Psychiatry;

(4) Psychology;

(5) Social work;

(6) Marriage and family therapy;

(7) Nursing; or

(8) Medicine; or

(b) Any other program related to the study of the human mind and mental illness.

2. The Board may consider whether the course descriptions for a degree from an accredited college or university that includes at least 24 semester hours or 32 quarter hours of courses relating to counseling qualify the degree as a degree in a “field of social science.”

NAC 641C.075 Severability. (NRS 641C.200) If any provision of this chapter or any application thereof to any person, thing or circumstance is held invalid, the Board intends that such invalidity not affect the remaining provisions, or application of those provisions, to the extent that they can be given effect.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.080 Applicability of provisions relating to acquisition, maintenance and disclosure of information relating to client. (NRS 641C.200) The provisions of this chapter relating to the acquisition, maintenance and disclosure of information relating to a client apply:

1. To information that is not subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164; and

2. If the information is subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164, only to the extent that the provisions of this chapter relating to the acquisition, maintenance and disclosure of the information do not conflict with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R058-14, 12-22-2014)

BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS

NAC 641C.100 Duties of staff. (NRS 641C.200) The staff shall carry out, on behalf of the Board, any administrative or ministerial duties and tasks necessary for the implementation of this chapter and chapter 641C of NRS, as delegated to the staff by the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.120 Adoption by reference of Code of Ethics. (NRS 641C.200) The Board hereby adopts by reference the NAADAC/NCC AP Code of Ethics, October 2016 edition, as published by NAADAC, the Association for Addiction Professionals. A copy of that publication may be obtained free of charge from NAADAC, the Association for Addiction Professionals, 44 Canal Center Plaza, Suite 301, Alexandria, Virginia 22314, or at the Internet address http://www.naadac.org/code-of-ethics.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R069-17, eff. 2-27-2018)

LICENSING AND CERTIFICATION; SUPERVISION

NAC 641C.200 Application for license or certificate. (NRS 641C.200, 641C.260)

1. An applicant for a license or certificate as a counselor or a certificate as a certified intern shall submit to the Board:

(a) A completed application which documents that the applicant meets the qualifications for the license or certificate for which he or she is applying.

(b) A nonrefundable fee for the materials required to apply for the type of licensure or certification sought. The amount of the fee required by this subsection is equal to the amount required by the testing company used by the Board for those materials necessary to test the applicant.

(c) The complete set of fingerprints required pursuant to NRS 641C.260 and the amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprints and issuance of the reports of criminal histories.

2. For good cause, the Board may allow an applicant to present at a meeting of the Board documentation and other evidence, in addition to the documentation and evidence which the applicant has previously submitted with his or her application, to demonstrate further his or her qualifications for licensure or certification.

3. By submitting his or her application, an applicant for licensure or certification grants the Board full authority to make any investigation or personal contact necessary for the Board to verify the authenticity of the matters and information stated within the application. If the Board so requests, an applicant shall supply such information as the Board may require to verify the matter and information contained in the application.

4. If the Board determines that it is necessary, the Board will appoint a subcommittee to examine an application and make recommendations to the Board concerning that application.

5. If the Board determines that it is necessary, the Board will require an applicant for licensure or certification to appear personally before the Board. A personal appearance of an applicant for the purposes of this section may be conducted in an open or a closed session of the Board as the Board determines appropriate.

6. An applicant for licensure or certification who is a graduate of a foreign program must submit documentation to the Board that demonstrates to the satisfaction of the Board that the foreign program from which the applicant graduated is equivalent to a comparable program from an accredited college or university.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003; R058-14, 12-22-2014)

NAC 641C.205 Allowance of credit for college courses. (NRS 641C.200, 641C.330, 641C.350, 641C.390)

1. For the purposes of this chapter, subsection 1 of NRS 641C.350 and NRS 641C.390, the Board will consider an applicant for a license or certificate as an alcohol and drug counselor to have successfully completed 2,500 hours of supervised counseling of persons with alcohol and other substance use disorders if the applicant has successfully completed:

(a) A bachelor’s degree in a field of social science approved by the Board that included 18 semester hours, or 27 quarter hours, of study specifically related to the counseling of persons with alcohol and other substance use disorders from an accredited college or university or has accrued the required 18 semester or 27 quarter hours in education following the completion of a bachelor’s degree; or

(b) A graduate degree in a field of social science approved by the Board that included 12 semester hours, or 18 quarter hours, of study specifically related to the counseling of persons with alcohol and other substance use disorders from an accredited college or university or has accrued the required 12 semester or 18 quarter hours in postgraduate education.

2. For the purposes of this chapter and NRS 641C.330, the Board will consider an applicant for a license as a clinical alcohol and drug counselor to have:

(a) Successfully completed 1,250 hours of supervised, postgraduate counseling of persons with alcohol and other substance use disorders if the applicant has successfully completed a graduate degree in a field of social science approved by the Board that included 6 semester hours, or 9 quarter hours, of study specifically related to the counseling of persons with alcohol and other substance use disorders from an accredited college or university; and

(b) Successfully completed 1,250 hours of postgraduate counseling of persons with mental illness who are also persons with alcohol and other substance use disorders that is supervised if the applicant has successfully completed a graduate degree in a field of social science approved by the Board that included 6 semester hours, or 9 quarter hours, of study specifically related to the counseling of persons with mental illness who are also persons with alcohol and other substance use disorders from an accredited college or university.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R185-07, 12-17-2008)

NAC 641C.210 Evidence of age. (NRS 641C.200) The Board will accept as satisfactory evidence of the age of the applicant a copy of his or her birth certificate, passport, baptismal certificate or driver’s license, or any other documentation regarding age determined to be satisfactory to the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.215 Action by staff or Board upon receipt of application for license or certificate. (NRS 641C.200)

1. Upon receiving an application for licensure or certification as a counselor or certified intern, the staff shall review the application to determine whether the application is complete and the applicant satisfies all the requirements for the licensure or certification sought.

2. If the application is for licensure or certification as a counselor and the application is determined to be complete and it provides evidence that the applicant has satisfied all the requirements for the licensure or certification sought, the staff shall notify the applicant:

(a) That the application is in order; and

(b) Of the next date, time and place for the examination which the applicant must take.

3. If the application is for a certificate as a certified intern and the application is determined to be complete and it provides evidence that the applicant has satisfied all the requirements for certification as a certified intern, the Board will issue a certificate as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern or a problem gambling counselor intern to the applicant.

4. The staff may, not later than 90 days after the date on which it receives an application for licensure or certification, reject the application if the applicant:

(a) Fails to complete the application as specified by the Board;

(b) Does not meet the minimum requirements for:

(1) The license or certificate for which the applicant is applying; or

(2) The examination for the license or certificate for which the applicant is applying;

(d) Has been convicted during the 2 years immediately preceding the date on which he or she submitted the application of any crime other than a violation of a traffic law not involving alcohol or a controlled substance;

(e) Has not completed a term of parole, probation or supervised release from a conviction obtained in this State, another state, a territory or possession of the United States, or the District of Columbia before the 2 years immediately preceding the date on which he or she submitted the application; or

(f) Has falsified any information provided in the application.

Ê If the staff rejects an application for licensure or certification, the staff shall forthwith notify the applicant in writing that the application has been rejected.

5. An applicant for licensure or certification whose application is received less than 30 days before a regularly scheduled examination will not be scheduled to sit for that examination but will be scheduled to sit for the next following regularly scheduled examination.

NAC 641C.220 Examinations. (NRS 641C.200, 641C.290)

1. An applicant for licensure or certification as a counselor must pass the examination required by the Board with an average score of at least 70 percent.

2. The Board will mail the results of the written and oral examinations taken by an applicant for licensure or certification to the applicant at his or her last known address.

3. An applicant for licensure or certification who fails the examination may retake the examination when it is next offered if the applicant applies to the Board to retake the examination and submits a nonrefundable fee. The amount of the fee required by this subsection is equal to the amount required by the testing company used by the Board for those materials necessary to test the applicant.

4. An applicant for licensure or certification who fails an examination and who does not retake the examination when it is next offered must submit a new application if the applicant wants to take the examination again.

5. An applicant for licensure or certification who fails the examination for licensure or certification three times may not take the examination again until the applicant has appeared before the Board. The Board will examine the qualifications of such an applicant to sit for an additional examination. The Board may condition the applicant’s taking of an additional examination as the Board deems necessary and appropriate.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002)

NAC 641C.225 Licensure or certification without examination of applicant who holds license, certificate or other credential from another jurisdiction. (NRS 641C.200, 641C.300)

1. An applicant for licensure or certification without examination as an alcohol and drug counselor or a clinical alcohol and drug counselor pursuant to NRS 641C.300 or an applicant for certification without examination as a problem gambling counselor who holds a license or certificate as a problem gambling counselor in another state, a territory or possession of the United States or the District of Columbia, in which the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the Board to be substantially equivalent to the requirements set forth in the provisions of this chapter and chapter 641C of NRS must submit to the Board:

(a) A written application on a form prescribed by the Board;

(b) The applicable fee;

(1) Was issued by another state, a territory or possession of the United States, or the District of Columbia; and

(2) Is currently valid and in good standing;

(d) Proof satisfactory to the Board that the applicant had a bachelor’s degree, master’s degree or doctoral degree from an accredited college or university in a field of social science approved by the Board at the time the license, certificate or other credential was issued by another state, a territory or possession of the United States, or the District of Columbia;

(e) A statement concerning whether:

(1) The license, certificate or other credential issued by another state, a territory or possession of the United States, or the District of Columbia has ever been suspended, revoked or otherwise restricted for any reason; and

(2) The applicant has been subject to any discipline by another state, a territory or possession of the United States or the District of Columbia, that did not result in the suspension, revocation or other restriction of the license, certificate or other credential;

(f) The complete set of fingerprints required pursuant to NRS 641C.260 and the amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprints and issuance of the reports of criminal histories;

(g) The score received by the applicant on any examination required for the license, certificate or other credential issued by another state, a territory or possession of the United States or the District of Columbia, if the applicant took an examination and the score is available; and

(h) Proof satisfactory to the Board that the applicant has satisfied any other requirements set forth in this chapter and chapter 641C of NRS to engage in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling, including, without limitation, NRS 641C.330, 641C.350, 641C.390 and 641C.430 and NAC 641C.220.

2. If an applicant for licensure or certification without examination holds or previously held a similar license, certificate or other credential issued by another state, a territory or possession of the United States, or the District of Columbia which is or was suspended, revoked or otherwise restricted, or if the applicant has otherwise been subjected to any discipline for any reason by the entity which issued the license, certificate or other credential, the Board will review and consider the specific facts and circumstances surrounding the suspension, revocation, restriction or disciplinary action, and may use this review and consideration in determining whether to issue a license or certificate without examination to the applicant or to deny his or her application for licensure or certification without examination.

NAC 641C.230 Authority of Board following disciplinary action against applicant in this or another jurisdiction. (NRS 641C.200, 641C.310) If an applicant for licensure or certification holds or previously held a similar license or credential issued by this State, another state, a territory or possession of the United States, or the District of Columbia which is or was suspended, revoked or restricted, or if the applicant has otherwise been subjected to any discipline for any reason by the entity which issued the license or other credential, the Board will review and consider the specific facts and circumstances surrounding the suspension, revocation, restriction or disciplinary action, and may use this review and consideration in determining whether to issue a license or certificate to the applicant or to deny his or her application for licensure or certification.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.235 Application for renewal of license or certificate. (NRS 641C.200, 641C.450, 641C.530)

1. To renew a license or certificate issued by the Board, the holder of the license or certificate must submit:

(a) An application for the renewal of a license or certificate on a form provided by the Board on or before the date on which the license or certificate expires.

(b) The appropriate renewal fee.

(c) Pursuant to the requirements set forth in subsection 2, a complete set of fingerprints and the amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprints and issuance of the reports of criminal histories.

2. An applicant for the renewal of a license or certificate is only required to submit the fingerprints and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation:

(a) If a license or certificate is valid for 1 year, with the application for renewal for the second biennial renewal period after the initial licensure or certification and every second biennial renewal period thereafter.

(b) If a license or certificate is valid for 2 years, with each application for renewal after the initial licensure and certification.

3. If a complete application for the renewal of a license or certificate, including the required renewal fee and a complete set of fingerprints, if applicable, is not postmarked on or before the last day for submitting the application for the renewal of the license or certificate, the license or certificate becomes delinquent.

NAC 641C.240 Fees. (NRS 641C.200, 641C.470) The Board will charge and collect the following fees:

1. For the initial application for a license or certificate............................................		$150
2. For the application for a certificate as a supervisor of certified interns................		$60
3. For the issuance of a provisional license or certificate........................................		$125
4. For the issuance of an initial license or certificate...............................................		$60
5. For the issuance of a certificate as a supervisor of certified interns.....................		$60
6. For the renewal of a license or certificate as a counselor...................................		$250
7. For the renewal of a certificate as a certified intern............................................		$75
8. For the renewal of a delinquent license or certificate..........................................		$75
9. For the restoration of an expired license or certificate........................................		$150
10. For the deactivation of a license or certificate..................................................		$25
11. For the reactivation of a license or certificate..................................................		$25
12. For the replacement of a license or certificate.................................................		$25
13. For the restoration or reinstatement of a suspended or revoked license or certificate....................................................................................................................		$300
14. For the issuance of a license or certificate without examination........................		$150
15. For an examination........................................................................................		$100,
	plus the amount required by a testing company, if any, used by the Board for testing applicants.
16. For the approval of a course of continuing education that includes:
(a) Less than 10 hours of continuing education........................................................		$30
(b) At least 10 but less than 20 hours of continuing education..................................		$50
(c) At least 20 but less than 30 hours of continuing education..................................		$75
(d) At least 30 but less than 40 hours of continuing education..................................		$100
(e) Forty or more hours of continuing education......................................................		$150

17. The amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the complete set of fingerprints and issuance of the reports of criminal histories.

NAC 641C.245 Payment of fees and remittances; lapse of application. (NRS 641C.200)

1. Fees and remittances to the Board must be made by money order, bank draft, check payable to the Board or credit card through the website of the Board.

2. Payment in full of all required fees must accompany each application for licensure or certification and each application for the renewal of licensure or certification.

3. The Board will consider an application for licensure or certification to have lapsed if no action has been taken by the applicant for 1 year after the date on which the Board received the application. If an applicant for licensure or certification whose application has lapsed pursuant to this subsection subsequently wishes to receive a license or certificate from the Board, the applicant must submit a new application for licensure or certification accompanied by the required fees.

NAC 641C.250 Authorized activities of counselor and certified intern; scope of practice of counseling; representation as counselor or certified intern. (NRS 641C.200)

1. A person who is licensed or certified as an alcohol and drug counselor may:

(a) Provide counseling for the use of alcohol and other substance use disorders, including, without limitation:

(1) Making a diagnosis or classification;

(2) Providing a referral; or

(3) Planning a course of treatment;

(b) Provide counseling to a person who has a significant relationship with an identified or suspected person with an alcohol or other substance use disorder, only to the extent necessary to treat the identified or suspected person or engage the identified or suspected person in treatment; and

2. A person who is licensed as a clinical alcohol and drug counselor may:

(a) Provide counseling for alcohol and other substance use disorders, including, without limitation:

(1) Making a diagnosis or classification;

(2) Providing a referral; or

(3) Planning a course of treatment;

(b) Provide counseling for a mental illness to a person with mental illness so long as the person’s mental illness is not a psychotic disorder and the person also has an alcohol or other substance use disorder, including, without limitation:

(1) Making a diagnosis or classification;

(2) Providing a referral; or

(3) Planning a course of treatment;

(c) Provide counseling to a person who has a significant relationship with an identified or suspected person with an alcohol or other substance use disorder, only to the extent necessary to treat the identified or suspected person or engage the identified or suspected person in treatment; and

(d) Conduct testing for which the counselor was trained.

3. A person who is certified as a problem gambling counselor may:

(a) Provide counseling for problem gambling, including, without limitation:

(1) Making a diagnosis or classification;

(2) Providing a referral; or

(3) Planning a course of treatment;

(b) Provide counseling to a person who has a significant relationship with an identified or suspected person with an addictive disorder related to gambling, only to the extent necessary to treat the identified or suspected person or engage the identified or suspected person in treatment; and

4. A certified intern may provide any services allowed by law only at a treatment agency, if the licensed or certified counselor supervising the certified intern is physically present at the treatment agency while the certified intern is providing such services, or at the practice of the licensed or certified counselor supervising the certified intern, subject to the clinical supervision and allowance by the licensed or certified counselor supervising the certified intern. Any entry made by a certified intern in the clinical record of a client must be substantiated in the clinical record and countersigned by the licensed or certified counselor supervising the certified intern. As used in this subsection, “treatment agency” means any public or private agency which provides for the treatment of alcohol and drug abusers or problem gamblers, including, without limitation, a satellite location of the agency.

5. Except as otherwise provided in subsection 6 and in NRS 641C.130, the provision of counseling services related to alcohol and other substance use disorders or an addictive disorder related to gambling to a client in this State through any means, including, without limitation, electronic means or by telephone, regardless of the location of the person providing that counseling, constitutes the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling which is subject to the provisions of this chapter and chapter 641C of NRS.

6. The practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders and the practice of counseling persons with an addictive disorder related to gambling in this State does not include counseling activities or services provided by the following persons:

(a) A student of psychology or any other person preparing for the profession of psychology under the supervision of a qualified psychologist in a training institution or facility recognized by the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS. Such a student or person must be designated by the title “psychological trainee,” “psychological intern,” “psychological resident” or “psychological assistant,” or any other title which clearly indicates his or her training status.

(b) A student of marriage and family therapy or clinical professional counseling, or any other person preparing for the profession of marriage and family therapy or clinical professional counseling, under the supervision of a qualified marriage and family therapist or a qualified clinical professional counselor in a training institution or facility recognized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors pursuant to chapter 641A of NRS. Such a student or person must be designated by the title “intern in marriage and family therapy,” “intern in clinical professional counseling” or any other title which clearly indicates his or her training status.

(c) A student of social work or any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board of Examiners for Social Workers pursuant to chapter 641B of NRS. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his or her training status.

7. A person who engages in the practice of counseling persons with alcohol and other substance use disorders may represent himself or herself as:

(a) A licensed alcohol and drug counselor, or use the initials “LADC” after his or her name, only if the counselor is licensed as such by the Board.

(b) A certified alcohol and drug counselor, or use the initials “CADC” after his or her name, only if the counselor is certified as such by the Board.

(c) If the person is issued a certificate as an alcohol and drug counselor pursuant to NAC 641C.276 or 641C.277, a Native American certified alcohol and drug counselor, or use the initials “NACADC” after his or her name.

8. A person who engages in the clinical practice of counseling persons with alcohol and other substance use disorders may represent himself or herself as a licensed clinical alcohol and drug counselor, or use the initials “LCADC” after his or her name, only if the counselor is licensed as such by the Board.

9. A person who engages in the practice of counseling persons with an addictive disorder related to gambling may represent himself or herself as a certified problem gambling counselor, or use the initials “CPGC” after his or her name, only if the counselor is certified as such by the Board.

10. Except as otherwise provided in subsection 11, a certified intern may represent himself or herself as:

(a) A certified alcohol and drug counselor intern, or use the words “CADC Intern” after his or her name, only if the certified intern is certified as such by the Board.

(b) A certified clinical alcohol and drug counselor intern, or use the words “CCADC Intern” after his or her name, only if the certified intern is certified as such by the Board.

(c) A certified problem gambling counselor intern, or use the words “CPGC Intern” after his or her name, only if the certified intern is certified as such by the Board.

11. The representation used by a certified intern must ensure that a client does not confuse or misunderstand the fact that the certified intern is not a licensed or certified counselor.

NAC 641C.255 Evidence of license or certificate. (NRS 641C.200) Whenever a person subject to the jurisdiction of the Board provides counseling to persons with alcohol or other substance use disorders or persons with an addictive disorder related to gambling, the person shall carry evidence that is satisfactory to the Board that he or she holds a license or certificate issued by the Board which entitles him or her to engage in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

NAC 641C.260 Display of license or certificate by counselor. (NRS 641C.200) A counselor shall prominently display at all times in his or her primary place of employment or practice the license or certificate issued to the counselor by the Board, or a notarized copy thereof.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.265 Display of certificate by certified intern. (NRS 641C.200) A certified intern shall prominently display at all times in each location where the intern is engaging in his or her internship the certificate issued to the certified intern by the Board, or a notarized copy thereof.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.270 List of licensed or certified persons; notice of change of address. (NRS 641C.200, 641C.210)

1. A copy of the list of names and addresses on record with the Board of each person licensed or certified by the Board may be obtained from the Board upon written request and payment of the cost of reproduction.

2. If a person licensed or certified by the Board changes his or her address on record with the Board, the person shall furnish the Board with his or her new address not later than 10 days after the change.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.275 Deactivation of license or certificate; procedure for reactivation; expiration and renewal. (NRS 641C.200)

1. A counselor or certified intern may deactivate his or her license or certificate for a 12-month period. To deactivate his or her license or certificate, a counselor or certified intern must submit to the Board a written application on a form prescribed by the Board.

2. A counselor or certified intern may reactivate his or her license or certificate at any time during the period in which the license or certificate is deactivated. To reactivate his or her license or certificate, a counselor or certified intern must submit to the Board:

(a) A written application on a form prescribed by the Board; and

(b) Proof of completion of any hours of continuing education required to be completed pursuant to NAC 641C.300 for the period in which the license or certificate was deactivated.

3. If a deactivated license or certificate is not reactivated before the end of the period for which the license or certificate is deactivated, the Board will consider the license or certificate to have expired and the license or certificate may only be renewed pursuant to NRS 641C.460.

NAC 641C.276 Native American Alcohol and Drug Counselors: Qualifications for certificate; designation. (NRS 641C.200, 641C.390)

1. A person who has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq. may apply for a certificate as an alcohol and drug counselor without satisfying the educational requirement set forth in paragraph (c) of subsection 1 of NRS 641C.390 if the person satisfies all of the other requirements set forth for certification as an alcohol and drug counselor in this chapter and chapter 641C of NRS.

2. For a person described in subsection 1 to qualify for certification as an alcohol and drug counselor, the person must:

(a) Have received a high school diploma or a general education diploma and have completed 270 hours of formal education approved by the Board, including the minimum hours required pursuant to subsection 3; or

(b) Have been issued a credential to provide counseling services relating to alcohol and other substance use disorders by the Southwest Indian Substance Abuse Certification Board or the Northwest Indian Council on Chemical Dependency.

3. To satisfy the requirements for formal education set forth in subsection 2, the education must include at least 10 hours of instruction in each of the following skills:

(a) Screening;

(b) Intake;

(d) Assessment;

(e) Treatment planning;

(f) Counseling;

(g) Case management;

(h) Crisis intervention;

(i) Client education;

(j) Referral;

(k) Reports and recordkeeping; and

(l) Consultation with other professionals.

4. For the purposes of this chapter and paragraph (d) of subsection 1 of NRS 641C.390, the Board will consider an applicant for a certificate as an alcohol and drug counselor who has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq. to have successfully completed 1,000 hours of supervised counseling of persons with alcohol and other substance use disorders if the applicant has successfully completed an associate’s degree in a field of social science approved by the Board.

5. A person who is issued a certificate as an alcohol and drug counselor pursuant to this section must be referred to as a Native American Alcohol and Drug Counselor.

6. As used in this section, “formal education” means formal, structured instruction received after the receipt of a high school diploma or a general education diploma, including, without limitation, workshops, seminars, institutes, courses from an accredited college or university or distance learning that is specifically related to the knowledge and skills necessary to perform activities and services relating to assessments, counseling, case management, and educational and professional responsibilities and ethics.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.277 Native American Alcohol and Drug Counselors: Certification without examination. (NRS 641C.200, 641C.300)

1. An applicant for a certificate as an alcohol and drug counselor described in NAC 641C.276 who is applying for certification without examination pursuant to NRS 641C.300 must submit to the Board:

(a) A written application on a form prescribed by the Board.

(b) The applicable fee.

(c) Proof satisfactory to the Board that the applicant was issued a credential to provide counseling services relating to alcohol and other substance use disorders by the Southwest Indian Substance Abuse Certification Board or the Northwest Indian Council on Chemical Dependency that is currently valid and in good standing.

(d) A statement concerning whether the credential issued by the Southwest Indian Substance Abuse Certification Board or the Northwest Indian Council on Chemical Dependency has ever been suspended, revoked or otherwise restricted for any reason.

(e) The complete set of fingerprints required pursuant to NRS 641C.260 and the amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprints and issuance of the reports of criminal histories.

(f) Proof satisfactory to the Board that the applicant has satisfied any other requirements set forth in this chapter and chapter 641C of NRS to engage in the practice of counseling persons with alcohol and other substance use disorders authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.

2. If an applicant for a certificate as an alcohol and drug counselor described in paragraph (b) of subsection 2 of NAC 641C.276 applies for certification without examination and holds or previously held a credential issued by the Southwest Indian Substance Abuse Certification Board or the Northwest Indian Council on Chemical Dependency which is or was suspended, revoked or otherwise restricted, or if the applicant has otherwise been subjected to any discipline for any reason by the entity which issued the credential, the Board will review and consider the specific facts and circumstances surrounding the suspension, revocation, restriction or disciplinary action, and may use this review and consideration in determining whether to issue a certificate without examination to the applicant or to deny his or her application for certification without examination.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008; R058-14, 12-22-2014)

NAC 641C.278 Native American Alcohol and Drug Counselors: Authorized activities. (NRS 641C.200, 641C.390) A person who is issued a certificate as an alcohol and drug counselor by the Board pursuant to NAC 641C.276:

1. May only provide counseling services relating to alcohol and other substance use disorders to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.

2. Shall represent himself or herself only as an alcohol and drug counselor certified to provide counseling services to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. and 25 U.S.C. §§ 1601 et seq.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.280 Supervisors of certified interns: Generally. (NRS 641C.200, 641C.390, 641C.420)

1. To be eligible to supervise a certified intern, a counselor must:

(a) Be licensed or certified as an alcohol and drug counselor, licensed as a clinical alcohol and drug counselor or certified as a problem gambling counselor by the Board and be in good standing with the Board and not under any investigation by the Board;

(b) Have satisfactorily completed a course approved by the Board for the training of supervisors; and

(1) Licensed as an alcohol and drug counselor, licensed as a clinical alcohol and drug counselor or certified as a problem gambling counselor, have engaged, as a licensed or certified counselor, in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling for at least 2 years; or

(2) Certified as an alcohol and drug counselor, have engaged, as a certified alcohol and drug counselor, in the practice of counseling persons with alcohol and other substance use disorders for at least 3 years.

2. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor may not supervise a certified intern until he or she has:

(a) Submitted a completed application for a certificate as a supervisor of certified interns to the Board on a form provided by the Board; and

(b) Received notification from the Board that it has approved his or her application and he or she has been issued a certificate as a supervisor of certified interns.

3. The Board will maintain a list of the names of the licensed or certified alcohol and drug counselors, licensed clinical alcohol and drug counselors and certified problem gambling counselors who have been approved to supervise certified interns and, upon request, will provide a copy of that list to any applicant for certification as a certified intern.

4. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern shall not:

(a) Reside with the certified intern, have an intimate relationship with the certified intern or be related to the certified intern by blood or marriage;

(b) Have had the certified intern as a client; or

5. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern is subject to disciplinary action by the Board for any violation of this chapter and chapter 641C of NRS committed by the certified intern while the certified intern is working under the supervision of the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor.

6. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern shall inform the Board in writing of any termination or cessation of his or her supervision of the certified intern not later than 5 working days after the date on which his or her supervision of the certified intern terminates or ceases.

NAC 641C.285 Supervisors of certified interns: Duties. (NRS 641C.200, 641C.390, 641C.420)

1. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern shall ensure that:

(a) The work of the certified intern is conducted in an appropriate professional setting;

(b) The work of the certified intern is consistent with the standards of the profession;

(d) The certified intern has gained the skills required to manage his or her practice;

(e) The certified intern has gained the skills required for continuing competency;

(f) The certified intern has gained knowledge of the laws and regulations applicable to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling; and

(g) The certified intern is familiar with the current literature concerning those areas of alcohol and other substance use disorders counseling or problem gambling counseling which are relevant to his or her area of practice.

2. A licensed or certified alcohol and drug counselor who is supervising a certified alcohol and drug counselor intern shall communicate with the certified alcohol and drug counselor intern on an individual basis for at least 1 hour every week, unless the Board specifically directs a different schedule or frequency for the meetings, to discuss and evaluate the performance of the certified alcohol and drug counselor intern in his or her practice.

3. A licensed clinical alcohol and drug counselor who is supervising a certified clinical alcohol and drug counselor intern or a certified alcohol and drug counselor intern shall communicate with the certified clinical alcohol and drug counselor intern or the certified alcohol and drug counselor intern on an individual basis for at least 1 hour every week, unless the Board specifically directs a different schedule or frequency for the meetings, to discuss and evaluate the performance of the certified clinical alcohol and drug counselor intern or the certified alcohol and drug counselor intern in his or her practice.

4. A certified problem gambling counselor who is supervising a certified problem gambling counselor intern shall communicate with the certified problem gambling counselor intern on an individual basis for at least two sessions of 1 hour each every month for a minimum of 12 months, unless the Board specifically directs a different schedule or frequency for the meetings, to discuss and evaluate the performance of the certified problem gambling counselor intern in his or her practice.

5. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern:

(a) Shall prepare a progress report for each period of certification in which the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor supervises the certified intern, on forms provided by the Board, concerning the progress of the certified intern in his or her practice.

(b) Must be available to consult with the Board about a certified intern being supervised by the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor concerning the record, competence in practice, emotional and mental stability, and professional and ethical conduct of the certified intern.

6. Upon the completion of the period of certification, if the certified intern seeks to renew his or her certification as a certified intern and continue practice as a certified intern under the supervision of the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor, the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor shall ensure that the progress report prepared by the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor pursuant to this section is included in the application for the renewal of the certificate for the certified intern. If, upon the completion of the period of certification, the certified intern has completed his or her internship, or if the supervision of the certified intern by the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor ceases or is otherwise terminated, the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor shall submit a progress report for that last period of certification to the Board as soon as practicable after his or her supervision of the certified intern ends.

7. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who is supervising a certified intern shall analyze the performance of the certified intern through information obtained:

(a) By observing or participating in the practice of the certified intern at least once a month; and

(b) From the notes taken by the certified intern.

NAC 641C.290 Certain hours and activities completed by certified intern not counted toward requirements for certification or licensure; approval of change of supervisor; education and training of certified intern. (NRS 641C.200, 641C.390, 641C.420)

1. Any hours which a certified intern accumulates while:

(a) Working under the supervision of a licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor who has not been approved by the Board to supervise certified interns;

(b) Working in an arrangement covered by an agreement relating to the supervision of the certified intern if the agreement has not been approved by the Board;

(c) Engaged in any activities that are not within the scope of the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders, the practice of counseling persons with an addictive disorder related to gambling or the provision of any services relating thereto; or

(d) Not in compliance with the requirements of this chapter and chapter 641C of NRS concerning certified interns,

Ê will not be counted toward the number of hours necessary to become a licensed or certified counselor.

2. If the supervisor of a certified intern changes, the certified intern must submit a new agreement concerning the supervision of the certified intern by the new supervisor to the Board for its approval not later than 5 working days after the date on which the supervisor has changed.

3. Except as otherwise provided in this subsection, if, at the time when a certified intern received his or her most current certification from the Board, the certified intern is enrolled in a program of education from which he or she will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science, the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor supervising the certified intern shall ensure that the certified intern is properly enrolled in that program of education during each semester within the certification period and shall include documentation of all completed course work from the program of education in each progress report required pursuant to NAC 641C.285. If a certified intern completes and receives his or her degree from his or her program of education during a certification period and a new semester for that program of education begins before the end of the certification period, the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor supervising the certified intern is not required to ensure that the certified intern is enrolled in the program of education for the new semester.

4. Except as otherwise provided in this subsection, a certified intern may not accumulate any hours necessary to become a licensed or certified counselor during the remainder of any semester from which the certified intern has withdrawn from his or her courses such that he or she is no longer enrolled in at least 3 credit hours for a given semester. Upon request of a certified intern, the Board may waive the provisions of this subsection if the Board determines the existence of good cause, including, without limitation, extreme illness of the certified intern or the cancellation of classes by a college or university. To obtain a waiver, the certified intern:

(a) Must provide the Board with documentation of any requested waiver within 30 days after each occurrence; and

(b) May be requested to appear before the Board to determine if a waiver should be granted.

5. A certified intern must complete the education and training necessary to become a licensed or certified counselor not later than 5 years after the date on which he or she initially applies to become a certified intern.

REVISER’S NOTE.

The regulation of the Board of Examiners for Alcohol, Drug and Gambling Counselors filed with the Secretary of State on December 22, 2014 (LCB File No. R058-14), which amended this section, contains the following provision not included in NAC:

“Sec. 18. The amendatory provisions of subsection 5 of NAC 641C.290, as amended by section 11 of this regulation, do not apply to a person who applied to become a certified intern before December 22, 2014.”

NAC 641C.295 Grounds for withdrawal of approval to supervise certified intern. (NRS 641C.200, 641C.390, 641C.420) The Board will withdraw its approval for a licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor to supervise certified interns if:

1. The licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor:

(a) Fails to supervise a certified intern adequately;

(b) Fails to comply with the provisions of this chapter and chapter 641C of NRS relating to the supervision of certified interns;

(c) Fails to ensure that two or more consecutive progress reports regarding the progress of each certified intern under the supervision of the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor is submitted to the Board as required in NAC 641C.285; or

(d) Knowingly allows a certified intern under the supervision of the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor to violate any provision of this chapter or chapter 641C of NRS; and

2. The Board determines that the withdrawal of its approval for the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified problem gambling counselor to supervise certified interns is appropriate under the circumstances.

CONTINUING EDUCATION

NAC 641C.300 Requirements for maintenance or renewal of license or certificate; grounds for disciplinary action. (NRS 641C.200, 641C.390, 641C.420)

1. To maintain his or her licensure or certification, as appropriate, a counselor must earn at least 40 hours of continuing education during the 2-year period of licensure or certification, including, without limitation:

(a) At least 3 hours of continuing education that pertain to ethics; and

(b) At least 3 hours of continuing education that pertain to the standards of confidentiality required pursuant to NAC 641C.425 and, if applicable, the standards of confidentiality set forth in 42 C.F.R. Part 2 and the related provisions of the Health Insurance Portability and Accountability Act of 1996 set forth in 45 C.F.R. Parts 160 and 164.

2. To maintain and renew his or her certification as a certified intern, the certified intern must attend:

(a) At least 12 hours of training during his or her first 6 months of certification, including, without limitation:

(1) At least 6 hours of training during the first 6 months of certification that pertain to ethics; and

(2) At least 6 hours of training during the first 6 months of certification that pertain to the standards of confidentiality required pursuant to NAC 641C.425 and, if applicable, the standards of confidentiality set forth in the provisions of 42 C.F.R. Part 2 and the related provisions of the Health Insurance Portability and Accountability Act of 1996 set forth in 45 C.F.R. Parts 160 and 164;

(b) At least 10 hours of training during his or her second 6 months of certification; and

3. A counselor or certified intern shall submit to the Board a certificate of completion of any hours of continuing education or training completed by the counselor or certified intern pursuant to subsection 1 or 2.

4. If a certified intern attends any hours of training to satisfy the hours of training required pursuant to subsection 2, the certified intern may not apply the same hours of training toward:

(a) A degree at an accredited college or university necessary to qualify for initial licensure or certification as a counselor; or

(b) For persons applying to be licensed or certified alcohol and drug counselors or licensed clinical alcohol and drug counselors, a degree or semester or quarter hours as identified in NAC 641C.205.

5. A counselor who takes a program of continuing education which presents the same material that the counselor took during the previous 2-year period will not get credit for taking the subsequent program of continuing education.

6. To maintain his or her certificate as a supervisor of certified interns, a licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor or a certified problem gambling counselor must attend at least 10 hours of continuing education that pertain to counseling, supervision, ethics and Nevada law during the 2-year period of certification. These hours may be included in the hours required to maintain his or her license or certificate as a counselor pursuant to subsection 1.

7. A supervisor of certified interns may earn 1 hour of continuing education for each certified intern whom he or she supervises, for up to not more than five interns supervised at any time. Not more than 10 hours of continuing education may be earned for supervising certified interns during any one year. The hours earned pursuant to this subsection may not be used to satisfy the requirements to renew a certificate as a supervisor of certified interns pursuant to subsection 6.

8. A certified or licensed counselor may obtain 1 hour of continuing education for publishing an article in a peer-reviewed publication in the area of counseling in alcohol or other substance use disorders or gambling and, upon approval by the Board, for writing and submitting an article for the newsletter published by the Board. Not more than 5 hours of continuing education may be earned pursuant to this subsection during the 2-year period of licensure or certification.

9. A certified or licensed counselor may obtain 1 hour of continuing education each time he or she participates as an examiner for an oral examination given pursuant to NRS 641C.290 for up to 5 hours of continuing education during a 2-year period of licensure or certification.

10. A counselor is subject to disciplinary action by the Board if the counselor:

(a) Fails to provide to the Board information regarding his or her participation in a program of continuing education within 30 days after receiving a request from the Board; or

(b) Submits to the Board false or inaccurate information regarding his or her participation in a program of continuing education.

NAC 641C.305 Affidavit or statement of completion: Submission; verification of authenticity; maintenance of documentation. (NRS 641C.200, 641C.450)

1. An application for the renewal of a license or certificate as a counselor must be accompanied by an affidavit or other written statement signed under penalty of perjury evidencing the completion by the counselor of at least the minimum number of required hours of continuing education during the 2 years immediately preceding the date of the application. The Board will randomly select such affidavits or statements to verify the authenticity of the information set forth in the affidavit or statement.

2. A counselor shall maintain sufficient documentation verifying the information which the counselor includes in his or her affidavit relating to his or her continuing education for at least 3 years after the date on which the affidavit is executed. A counselor will not be given credit for any hours of continuing education that are not supported by documentation.

NAC 641C.310 Approval of course or program of education by Board. (NRS 641C.200)

1. A counselor will receive credit for hours of continuing education only if the course or program of education from which the counselor obtained the hours of continuing education has been approved by the Board.

2. The provider of a course or program of education may request the approval of the Board for the purposes of continuing education.

3. A counselor may request the approval of a course or program of education which is not currently approved by the Board for the purposes of this section by submitting to the Board a request for the approval of the course or program of education as a course of continuing education. The request must contain such information as is necessary for the Board to review the course or program of education pursuant to this section and NAC 641C.315 and 641C.320.

4. The Board will use the same criteria in its review and evaluation of a course or program of education as a course of continuing education, regardless of whether the request for approval was submitted by a counselor or the provider of the course or program of education.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.315 Unacceptable courses and programs of education. (NRS 641C.200) The Board will not approve any of the following types of courses and programs of education as a course of continuing education:

1. An orientation program for new employees.

2. An on-the-job training program presented by an agency whose primary purpose is to disseminate information on the policies or procedures of the agency.

3. An audio or a video learning tape or home study course for which there is no independent verification of successful completion.

4. A program for self-improvement.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.320 Requirements for approval of course or program of education. (NRS 641C.200)

1. Before the Board will approve, or a committee of the Board may recommend approval of, a course or program of education as a course of continuing education, the Board or committee must be satisfied that the course or program of education:

(a) Will be taught by a competent instructor as demonstrated by the educational, professional and teaching experience of the instructor;

(b) Contains current and relevant educational material which concerns:

(1) Alcohol and other substance use disorders and is applicable to the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders; or

(2) Problem gambling and is applicable to the practice of counseling persons with an addictive disorder related to gambling;

(d) Is appropriately designed for instructional purposes; and

(e) Includes a written evaluation, to be completed by each counselor taking the course, of the content and presentation of the course or program and the relevance of the course or program to continuing education.

2. The Board will consider a course or program of education presented in the form of lectures, seminars, workshops, academic courses at an institution of higher education or correspondence courses. The Board will not approve a course or program of education for the purposes of continuing education if the hours of education that make up the course or program constitute the same hours that are applied toward the completion of a degree or on-the-job training.

3. A provider of a course or program of education is responsible for the format and presentation of the course or program. A provider of a course or program of education that has been approved by the Board as a course of continuing education may restrict the format in which the material in the course or program is presented, except that if the restriction of the format in which the material is presented changes the nature or content of the course or program of education, the Board may withdraw its approval of the course or program and, if the approval of the course or program is withdrawn, a counselor will not be given credit for any hours of continuing education obtained in that course or program of education.

4. Except as otherwise provided in this section, a course or program of education presented or approved by NAADAC, the Division of Public and Behavioral Health of the Department of Health and Human Services, the International Gambling Counselor Certification Board, the Nevada Council on Problem Gambling or the Addiction Technology Transfer Center will be deemed as being approved as a course of continuing education.

5. Except as otherwise provided in this section, a course or program of education primarily related to alcohol and other substance use disorders counseling, addictive disorders, codependency or other issues primarily related to the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders or a course or program of education primarily related to problem gambling counseling or other issues primarily related to the practice of counseling persons with an addictive disorder related to gambling will be deemed as being approved by the Board as a course of continuing education if the course or program of education has been approved by:

(a) The Board of Psychological Examiners;

(b) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors;

(d) The Board of Medical Examiners;

(e) The State Board of Osteopathic Medicine;

(f) The State Board of Nursing;

(g) The National Council on Problem Gambling; or

(h) Any other similar occupational licensing board in another state, territory, protectorate or the District of Columbia.

STANDARDS OF PRACTICE

NAC 641C.400 Restrictions on use of license or certificate; representations and disclosures. (NRS 641C.200)

1. The status of a person as a licensed or certified counselor or a certified intern must not be used to support any claim, promise or guarantee of successful service, nor may the possession of a license or certificate issued by the Board be used to imply that a counselor or certified intern to whom that license or certificate was issued has competence in another profession.

2. A counselor or certified intern shall not misrepresent, directly, indirectly or by implication, his or her own professional qualifications, affiliations and licenses, or the qualifications, affiliations or licenses of the institutions and organizations with which he or she is associated. A counselor or certified intern shall provide accurate information concerning his or her credentials, education, training and experience upon the request of a client or potential client. If a counselor or certified intern holds more than one occupational license or certificate, the counselor or certified intern shall disclose to his or her client orally and in writing which of the licenses or certificates apply to the service the counselor or certified intern is rendering to the client. If a counselor or certified intern is providing services that are not services related to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling, the counselor or certified intern must disclose to the client orally and in writing the type of service that is being provided and that the service is not within the scope of the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

NAC 641C.405 Professional responsibility. (NRS 641C.200) A counselor or certified intern:

1. Shall not misrepresent, in advertising or otherwise, his or her education, training, type of license or certificate, qualifications, competence or service, or the results to be achieved if he or she provides service to a client.

2. Shall not engage in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling while he or she is impaired by:

(a) Alcohol, drugs or any other chemical; or

(b) A mental or physical condition that prevents him or her from safely engaging in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

3. Shall not use his or her relationship with a client to further his or her own personal, religious, political or business interests.

4. Shall set and maintain professional boundaries with clients, interns and persons with whom he or she works.

5. Shall not give or receive, directly or indirectly, a fee, commission, rebate or other compensation for professional services that he or she has not actually and personally provided.

6. Shall not knowingly offer service to a client who is receiving treatment from another counselor or certified intern, or a licensee or holder of a certificate issued by any other similar board, without prior consultation between the client and the other counselor, certified intern, licensee or holder of a certificate.

7. Except as otherwise provided in subsection 8, shall not disparage the qualifications of any colleague.

8. Shall report to the Board any unlicensed, unauthorized, unqualified or unethical practice of counseling persons with alcohol and other substance use disorders, clinical practice of counseling persons with alcohol and other substance use disorders or practice of counseling persons with an addictive disorder related to gambling that is occurring.

9. Shall not attempt to diagnose, prescribe for, treat or provide advice for any problem which is outside of his or her field of competence, the scope of the practice of counseling persons with alcohol and other substance use disorders, the scope of the clinical practice of counseling persons with alcohol and other substance use disorders, the scope of the practice of counseling persons with an addictive disorder related to gambling or the scope of his or her license or certificate.

10. Shall base his or her practice upon the most current and generally accepted and recognized knowledge relevant to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

11. Shall critically examine and keep current with emerging knowledge relevant to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

12. Based upon the most current and generally accepted and recognized knowledge and standards for the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling, shall prepare and maintain in a timely manner a record for each of his or her clients which:

(a) Sets forth his or her assessment of the problems of the client, plan of action for the client, course of treatment to that client and progress notes regarding the course of treatment of the client; and

(b) Includes copies of other relevant documentation, including, without limitation:

(1) All documents relating to the informed consent given by the client;

(2) All documents relating to the release of information regarding the client; and

(3) All other legal documents regarding the client.

Ê As used in this subsection, “assessment” means an evaluation of the patterns of substance use disorders and associated impairments in functioning of a client that is based upon comprehensive biopsychosocial information about the client or the patterns of problem gambling and associated impairments in functioning of a client that is based upon comprehensive biopsychosocial information about the client.

13. Shall complete and submit any reports required by this chapter and chapter 641C of NRS, or pursuant to any rule, order or instruction of a court of competent jurisdiction in a timely manner.

14. Shall comply with the provisions of this chapter and chapter 641C of NRS and all other applicable federal laws and regulations.

15. Shall not perform services that are outside of the scope of his or her license, certificate, training or experience, or hold himself or herself out as having expertise in a field or activity in which he or she is not qualified.

16. Shall notify the Board in writing within 10 days after:

(a) An action is taken against any license, certification, registration or other credential held by the counselor or certified intern that was issued by another state or territory of the United States;

(b) A criminal charge is filed against the counselor or certified intern;

(c) The counselor or certified intern is convicted of a criminal offense, other than a traffic offense which is a misdemeanor that does not involve alcohol or controlled substances;

(d) A civil action for malpractice is filed against the counselor or certified intern; or

(e) A settlement or judgment is made in any civil action for malpractice, in any case filed against the counselor or certified intern for any act relating to the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling.

NAC 641C.410 Responsibility to client. (NRS 641C.200)

1. A counselor or certified intern shall serve his or her clients with professional skill and competence.

2. If a counselor or certified intern must act on behalf of a client who has been declared to be incompetent or if a client is otherwise found by the Board to be incapable of acting in his or her own best interest, the counselor or certified intern shall safeguard the interests and rights of that client.

3. If another person has been legally authorized to act on behalf of an incompetent client, a counselor or certified intern shall deal with the legal representative of the client in accordance with the best interest of the client.

4. A counselor or certified intern 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 or physical disability, or on the basis of any preference or personal characteristic, condition or status of a person.

5. A counselor or certified intern shall not misrepresent to a client the efficacy of his or her service or the results to be achieved.

6. A counselor or certified intern shall apprise each of his or her clients of the risks, rights, opportunities and obligations, financial or otherwise, associated with the provision of services to the client for counseling for alcohol and other substance use disorders or problem gambling.

7. A counselor or certified intern shall seek the advice and counsel of his or her colleagues and supervisors when such a consultation is in the best interest of the client.

8. A counselor or certified intern shall terminate service to a client and a professional relationship with a client when the service and relationship are no longer required or no longer serve the needs of the client.

9. A counselor or certified intern shall not withdraw his or her counseling services precipitously, except under unusual circumstances and after giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects to the client.

10. A counselor or certified intern who anticipates the termination or interruption of service to a client shall notify the client as promptly as possible and seek the transfer, referral or continuation of service in relation to the needs and preferences of the client.

11. A counselor or certified intern shall not influence or attempt to influence a client in any manner which could be reasonably anticipated in his or her deriving benefits of an unprofessional nature from the client during the time that the client is receiving professional services from the counselor or certified intern and for 2 years after the termination of those services.

12. Throughout the period of treatment of a client and for the 2 years immediately following the termination of the professional relationship between the client and the counselor treating the client, the certified intern treating the client, or the treatment program, facility or agency, if any, the counselor or certified intern treating the client, as well as any counselors and certified interns employed by the treatment program, facility or agency, if any, shall not:

(a) Enter into a close personal relationship with the client, including, without limitation, sponsorship of the client in a group for self-help, or a romantic or sexual relationship;

(b) Enter into, or attempt to enter into, a financial relationship with the client that is unrelated to treatment for alcohol and other substance use disorders or treatment for problem gambling; or

(c) Enter into a romantic or sexual relationship with any person who was in a romantic or sexual relationship with the client during the time that the counselor or certified intern was providing treatment for alcohol and other substance use disorders or treatment for problem gambling.

13. Within the 2 years immediately following the termination of a professional relationship with, internship for or supervision of a client, certified intern or other person, a counselor or certified intern shall not solicit or enter into a dual relationship with the client, certified intern or other person if it is foreseeable that such a relationship would harm or exploit the client, certified intern or other person.

NAC 641C.415 Informed consent of client. (NRS 641C.200) A person who is providing a service for treatment for alcohol and drug abuse or treatment for problem gambling that is subject to the jurisdiction of the Board, other than a service for civil protective custody, may provide that service only with the informed consent of the client who will be receiving that service.

NAC 641C.420 Financial arrangements and records. (NRS 641C.200) A counselor or certified intern:

1. Shall inform prospective clients of financial arrangements for payment of services before he or she provides any service to that client.

2. Shall maintain accurate records of:

(a) The fees which he or she charges a client; and

(b) Any payments made by the client.

3. Shall make his or her records maintained pursuant to subsection 2 available to the client for review upon the request of the client.

4. Shall not give or receive any commission or other form of remuneration for the referral of any client from the person or entity to whom the client is referred.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.425 Confidentiality of information. (NRS 641C.200)

1. A licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor, a certified alcohol and drug counselor intern or a certified clinical alcohol and drug counselor intern shall maintain the confidentiality of information subject to the standards of confidentiality set forth in the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164. Failure by a licensed or certified alcohol and drug counselor, a licensed clinical alcohol and drug counselor, a certified alcohol and drug counselor intern or a certified clinical alcohol and drug counselor intern to maintain the confidentiality of information in accordance with this section, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164 is a ground for disciplinary action by the Board against the licensed or certified alcohol and drug counselor, licensed clinical alcohol and drug counselor, certified alcohol and drug counselor intern or certified clinical alcohol and drug counselor intern.

2. A certified problem gambling counselor or certified problem gambling counselor intern shall maintain the confidentiality of information subject to standards of confidentiality that are equivalent to the standards set forth in the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164 for the confidentiality of substance use disorder patient records. Failure by a certified problem gambling counselor or certified problem gambling counselor intern to maintain the confidentiality of information in accordance with this section is a ground for disciplinary action by the Board against the certified problem gambling counselor or certified problem gambling counselor intern.

3. A counselor or certified intern shall inform and obtain the authorization of a client if:

(a) The counselor or certified intern intends to record any interview with the client; or

(b) A person other than the counselor or certified intern will be observing an interview between the counselor or certified intern and the client.

4. A counselor or certified intern shall ensure that he or she informs his or her clients about the limits of confidentiality.

5. Except as otherwise provided by state or federal law, a counselor or certified intern shall not communicate any information contained in the confidential record of a client with any other person without the consent of the client. Except as otherwise prohibited by federal law, if a counselor or certified intern determines, based on the information contained in the confidential file of a client, that a clear and immediate danger to a person or to society exists, the counselor or certified intern may release that information only to members of the family of the client, other professional workers or public authorities.

NAC 641C.430 Coordination of care. (NRS 641C.200) If a counselor or certified intern becomes aware that a client is receiving treatment for alcohol and other substance use disorders or treatment for problem gambling from another person or organization, or is receiving treatment for any other condition that could affect the treatment that the counselor or certified intern is providing or would provide to the client, the counselor or certified intern shall not provide that treatment to the client without first attempting to coordinate the care with the other person or organization providing care to the client.

NAC 641C.435 Research: Consent and protection of participants; credit for work. (NRS 641C.200)

1. Before engaging in research involving persons, a counselor or certified intern must obtain the voluntary and informed consent of the persons who will be participating in the research without any implied deprivation or penalty to the person if the person chooses not to participate in the research.

2. A counselor or certified intern who is engaging in research involving persons shall protect persons participating in the research from unwarranted physical and mental discomfort, distress, harm, danger or deprivation.

3. A counselor or certified intern shall treat information obtained from or about persons participating in his or her research as confidential information.

4. A counselor or certified intern shall only take credit for work which he or she actually does in connection with his or her research and shall give credit for contributions to his or her research which are made by other persons or entities.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.440 Unprofessional conduct. (NRS 641C.200, 641C.700)

1. Any violation of this chapter by a counselor or certified intern constitutes unprofessional conduct and subjects the counselor or certified intern to disciplinary action by the Board.

2. If a counselor or certified intern violates any provision of this chapter or engages in any other kind of unprofessional conduct while his or her license or certificate is in effect, the Board will take disciplinary action against the counselor or certified intern, including, without limitation, taking action against the counselor or certified intern after his or her license or certificate has expired or been suspended.

3. If a board or entity in this State or in another state which has issued a license, certificate, registration or other credential to a counselor or certified intern for the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders, the practice of counseling persons with an addictive disorder related to gambling or a related field revokes or suspends the license, certificate, registration or other credential, or takes any other disciplinary action against the counselor or certified intern, the revocation, suspension or disciplinary action is a ground for disciplinary action by the Board against the counselor or certified intern for unprofessional conduct.

4. The failure of a counselor or certified intern to comply with a stipulation, agreement, advisory opinion or order issued by the Board constitutes unprofessional conduct and is a ground for disciplinary action by the Board against the counselor or certified intern.

NAC 641C.445 “Professional incompetence” interpreted. (NRS 641C.200, 641C.700)

1. For the purposes of subsection 4 of NRS 641C.700, the Board will interpret the term “professional incompetence” to mean a lack of knowledge, skill or ability in discharging a professional obligation, and to include, without limitation, malpractice, negligence and gross negligence.

2. As used in this section:

(a) “Gross negligence” means conduct in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling which represents an extreme departure from the standard of care required from a counselor or certified intern under the circumstances.

(b) “Malpractice” means conduct in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling which falls below the standard of care required from a counselor or certified intern under the circumstances.

(c) “Negligence” means conduct in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling which represents a departure from the standard of care required from a counselor or certified intern under the circumstances.

NAC 641C.450 Acts constituting professional incompetence. (NRS 641C.200, 641C.700) For the purposes of subsection 4 of NRS 641C.700, the Board will consider the following acts by a counselor or certified intern to constitute professional incompetence:

1. Performing services for alcohol and other substance use disorders counseling or problem gambling counseling as a certified intern without being enrolled in course work as required by this chapter and chapter 641C of NRS.

2. Performing services for alcohol and other substance use disorders counseling or problem gambling counseling as a counselor or certified intern under a license or certificate that has lapsed or been deactivated.

3. Failing to cooperate with any investigation of a complaint filed against the counselor or certified intern, including, without limitation, denying or failing to cooperate with a request for records made by the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

ADMINISTRATIVE PROCEEDINGS

Parties and Representatives

NAC 641C.500 Classification of parties. (NRS 641C.200) Parties to proceedings before the Board must be styled the “applicant,” “complainant,” “petitioner,” “protestant” or “respondent,” according to the nature of the proceedings and the relationship of the parties. In any proceeding initiated by the Board, the Board will be styled the “staff.”

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.505 Appearance by staff. (NRS 641C.200) Any member of the staff may appear at any proceeding before the Board and may participate as a party to a proceeding.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.510 Appearance by party. (NRS 641C.200) A party shall enter his or her appearance in a proceeding before the Board at the beginning of the hearing or at any other time designated by the presiding officer of the Board. A party shall enter his or her appearance by entering his or her name and address and stating his or her position or interest on the matter to the presiding officer of the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.520 Attendance and representation of parties. (NRS 641C.200)

1. Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney.

2. A party shall attend a hearing on the merits in person unless the presiding officer waives the requirement of the attendance of the party.

3. In addition to any other disciplinary action, if a party who is required to attend a hearing in person fails to do so without having obtained a waiver of the requirement of his or her attendance pursuant to subsection 2, the Board may:

(a) Determine that the failure to attend the hearing in person shall be deemed:

(1) An admission of all matters and facts contained in the record with respect to the party; and

(2) A waiver of the right to an evidentiary hearing; and

(b) Take action based upon the admission or upon any other evidence, including affidavits, without any further notice or a hearing.

4. If a party retains an attorney to represent him or her before the Board, the attorney shall so notify the Board not later than 10 days after he or she is retained. Thereafter:

(a) The attorney shall sign all motions, oppositions, notices, requests and other papers, including requests for subpoenas; and

(b) The Board will serve all notices, motions, orders, decisions, and any other papers or pleadings upon the attorney.

5. An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he or she must be otherwise authorized to practice law in this State.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.525 Withdrawal of attorney. (NRS 641C.200) An attorney of record who wishes to withdraw from a proceeding before the Board must, in writing, immediately notify the Board or its presiding officer, the party whom the attorney represents and all other parties to the proceeding.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

Pleadings, Motions and Discovery

NAC 641C.530 Captions. (NRS 641C.200) A pleading before the Board must be styled as an “application,” “petition,” “complaint” or “answer” according to the nature of the pleading.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.535 Execution. (NRS 641C.200) A pleading, other than a petition, must be signed by the person who is submitting the pleading.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.540 Construction. (NRS 641C.200) The Board will construe all pleadings so as to administer justice between the parties, and the Board will, and its presiding officer shall, at every stage of any proceeding, disregard errors or defects in the pleadings or proceeding which do not affect the substantive rights of the parties involved in the proceeding.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.545 Applications. (NRS 641C.200) A pleading which requests a license or certificate or approval from the Board must be styled as an “application.” Such a pleading must set forth the full name and address of the applicant and must contain such facts and exhibits as may be required by this chapter and chapter 641C of NRS.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.550 Petitions. (NRS 641C.200)

1. A pleading in which a party prays for affirmative relief, excluding an application, complaint or answer but including a request for a declaratory order, an advisory opinion or the adoption, amendment or repeal of any regulation of the Board, must be styled a “petition.”

2. A petition must contain the full name and address of the petitioner and be signed by the petitioner.

3. Except as otherwise provided in NRS 233B.120, a petition filed pursuant to NRS 233B.120 may be processed as an informal complaint pursuant to NAC 641C.555.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.555 Complaints: Filing and resolution. (NRS 641C.200, 641C.720)

1. A person may file an accusation with the Board concerning the acts or services provided by a counselor or certified intern. The Board will initially consider any accusation regarding a counselor or certified intern as an informal complaint. Such an informal complaint filed with the Board must be on a form provided by the Board. A complainant shall include in his or her informal complaint information that is sufficiently detailed so as to enable the respondent to prepare a response. If a complainant is the client of and is complaining about his or her treatment by a counselor or certified intern, the Board will provide the complainant with a form for a limited waiver of confidentiality regarding his or her records which the complainant must sign and return to the Board. Such an informal complaint will not be further reviewed or processed by the staff or legal counsel until the signed limited waiver is received by the staff.

2. Upon receipt of an informal complaint, the staff shall examine the complaint to determine whether it:

(a) Has been properly verified; and

(b) Alleges sufficient facts to warrant further proceedings.

3. If the Board’s staff determines that the informal complaint against a counselor or certified intern has been properly verified and alleges sufficient facts to warrant further proceedings, the staff shall notify the respondent by sending a copy or summary of the informal complaint to the counselor or certified intern by certified mail. The notification must set forth the potential violations of a provision of this chapter or chapter 641C of NRS arising in the informal complaint and request a response for the review by the Board before a hearing is set. The transmission of the copy or summary of the informal complaint will be deemed to be a notice of intended action pursuant to subsection 3 of NRS 233B.127. Service of the copy or summary of the informal complaint shall be deemed to be complete when a true copy of the document is deposited in the United States mail, postage prepaid and addressed to the last known address on record with the Board of the person to be served.

4. Upon the receipt of a copy or summary of an informal complaint that has been filed against him or her, a counselor or certified intern shall submit to the Board a written response to the informal complaint within 15 days after the date on which the informal complaint was served. A response to an informal complaint must respond to the allegations made in the informal complaint and be accompanied with all documentation that would be useful to the staff and legal counsel in their review of the allegations made in the informal complaint and the responses made by the counselor or certified intern to those allegations. Failure by a counselor or certified intern to cooperate with the Board during an investigation of an informal complaint, including, without limitation, failing to timely respond to the Board regarding a copy or summary of the informal complaint sent to the counselor by the staff pursuant to this subsection, is a ground for disciplinary action by the Board against the counselor or certified intern.

5. If a counselor or certified intern fails to respond as required pursuant to subsection 4, he or she shall be deemed to have admitted the allegations in the informal complaint. Based on these admissions, the Board may impose appropriate discipline on the counselor or certified intern at the hearing on the informal complaint.

6. In cases where a response is filed as required pursuant to subsection 4, the staff and legal counsel shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or other qualified persons in such review and may take any other reasonable action necessary to further the review. After their review of the informal complaint and the responses made thereto, the staff and legal counsel may:

(a) Investigate the allegations and employ such people as they deem necessary to further the investigations;

(b) Consult with experts in the appropriate field, including, without limitation, employing such persons for the purposes of an investigation or a hearing;

(d) Enlist the aid of a member of the Board or other qualified person in the conduct of the investigation; and

(e) Take any other reasonable action necessary to further the investigation.

7. If the staff and the legal counsel determine that the preliminary information from its investigation of an informal complaint reasonably indicates that a program in which a counselor or certified intern is employed or otherwise treating clients may have also violated any statutes or regulations applicable to the operation of the program, the staff and legal counsel may:

(a) Coordinate with and seek the assistance of the Division of Public and Behavioral Health of the Department of Health and Human Services in the investigation of the alleged violations; and

(b) Request the Division of Public and Behavioral Health to share with the staff and legal counsel any findings made by and information in the possession of the Division, to the fullest extent allowable under 42 C.F.R. Part 2.

8. During an investigation of an informal complaint, the staff, legal counsel or investigator, if any, may demand that a counselor or certified intern produce his or her records or other evidence for inspection or copying, with or without prior notice to the counselor or certified intern, and with or without a subpoena. A counselor or certified intern shall not deny any such request for records or other evidence if the record or other evidence is not subject to the provisions of 42 C.F.R. Part 2. If a counselor or certified intern refuses or fails to cooperate with a request for records in violation of this section, the Board may immediately suspend his or her license or certificate until the counselor or certified intern complies with the request for records or other evidence. If the counselor or certified intern continues to refuse or fails to cooperate with a request for records or other evidence in violation of this section, the Board may take such further disciplinary action against the counselor or certified intern as the Board determines necessary.

9. If the staff, legal counsel or investigator, if any, determines that a specific record or other specific evidence is material to or necessary for an investigation, the staff, legal counsel or investigator may remove the record or evidence and provide a copy of the record or evidence to the respondent. If a record or other evidence can be readily copied at the location where the record or evidence is located, the staff, legal counsel or investigator shall make a copy of the record and evidence at that location. If a record or other evidence cannot be readily copied at the location where the record or evidence is located, the staff, legal counsel or investigator may remove the record or evidence from that location to copy the record or evidence. If the staff, legal counsel or investigator removes a record or other evidence to be copied, the staff, legal counsel or investigator shall provide the person to whom the record or evidence being removed belongs with a receipt for the record or evidence and, not later than 5 business days after the record or evidence is removed, provide a copy of the record or evidence to that person.

10. When an investigation of an informal complaint is complete, the staff, legal counsel and investigator, if any, shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff, legal counsel and investigator determine that no allegation of a violation of a statute or regulation set forth in the informal complaint can be sustained, the staff shall notify, in writing, the complainant and the respondent of this determination. If the staff, legal counsel and investigator determine that a violation of a statute or regulation as alleged in the informal complaint can be sustained, the legal counsel shall:

(a) Offer mediation, settlement agreements, stipulations of facts and liability or informal hearings; or

(b) Prepare a notice of hearing and a formal complaint.

11. A notice of hearing and a formal complaint must:

(a) Be a plain statement of the facts and applicable provisions of statutes and regulations regarding the alleged acts of the respondent alleged to be in violation of the statutes and regulations governing the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

(b) Include the date, time and place that the Board will hear the matter, if this information is known at the time when the notice of hearing and a formal complaint is sent to the respondent; and

(c) Be signed by the legal counsel and, if a member of the Board was active in the investigation, by that member of the Board.

12. The staff shall send a notice of hearing and a formal complaint prepared pursuant to subsection 11 to the respondent named in the notice of hearing and the formal complaint by certified mail. Service of the notice of hearing and the formal complaint shall be deemed to be complete when a true copy of the documents are deposited in the United States mail, postage prepaid and addressed to the last known address on record with the Board of the person to be served.

13. A respondent who receives a notice of hearing and a formal complaint must file his or her answer to the notice of hearing and the formal complaint not later than 15 days after the date on which the notice of hearing and the formal complaint were served. An answer to a notice of hearing and a formal complaint filed by a respondent must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement. If the counselor or certified intern fails to file an answer as required pursuant to this subsection, he or she shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the counselor or certified intern in the same manner as if the allegations had been proven by substantial evidence at a Board hearing held on the formal complaint.

14. Not later than 10 days after the filing of the response by the respondent, the legal counsel and the respondent shall exchange a list of the evidence and witnesses that will be used at the hearing. A party may not present evidence it obtains after the date the exchange was required pursuant to this subsection unless it demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date the exchange was required and that the evidence or witness was given or communicated to the other party immediately after it was obtained.

15. The Board may join two or more formal complaints into one formal complaint if:

(a) The causes of action of each formal complaint are against the same person and deal with substantially the same or similar violations of statutes and regulations; and

(b) The joining of the formal complaints will serve the best interest of the Board, complainants and respondent.

NAC 641C.560 Complaints: Confidentiality of information during investigation. (NRS 641C.200, 641C.760)

1. Except as otherwise provided in this subsection, the staff, legal counsel and investigator, if any, shall keep all information gathered during an investigation of a complaint confidential during the investigation. Except as otherwise provided in this section, nothing in this subsection prohibits the staff, legal counsel or investigator from:

(a) Communicating confidential information to, or otherwise cooperating with, another agency or board that:

(1) Is investigating a person licensed or certified by the Board;

(2) Is investigating a program in which a person licensed or certified by the Board is engaging in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling; or

(3) Regulates or has jurisdiction over the violations of law alleged in a complaint,

Ê if the confidential information to be communicated is relevant to the investigation or regulation of the person or program by the other agency or board; or

(b) Communicating confidential information with the operator of a program, or his or her designee, if the complaint to which the confidential information relates:

(1) Is filed against a person who is a member of the staff of that program; and

(2) Alleges the existence of a condition which poses a significant hazard to the health or safety of the clients and staff of, and the visitors to, the program.

2. Notwithstanding any provision of this section to the contrary, information which is subject to the standards of confidentiality set forth in 42 C.F.R. Part 2 may be communicated by the Board, staff, legal counsel or investigator, if any, only if such communication does not violate those standards of confidentiality.

NAC 641C.565 Motions. (NRS 641C.200)

1. A motion concerning any matter before the Board must be made in writing, unless the motion is made during the hearing on that matter. The Board may deny a motion made during a hearing if the motion could have reasonably been made before the hearing.

2. A written motion must set forth the nature of the relief sought by and the grounds for the motion.

3. A party may oppose a written motion by filing and serving a written response to the motion with the Board and all the parties to the proceeding to which the motion relates.

4. If a written response to a motion is filed pursuant to subsection 3, the party who made the motion may file and serve a written reply to the response.

5. Except as otherwise provided in this section, the presiding officer of the Board shall rule on all written motions on a matter at or before the hearing scheduled on the matter. The presiding officer may rule on a motion without oral argument or may allow oral arguments to be made before ruling on the motion. If the presiding officer allows oral arguments on a written motion to be made, the presiding officer shall set a time and date for hearing the oral arguments.

6. The presiding officer may require the Board to vote to decide a motion.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.570 Filing pleadings and motions. (NRS 641C.200) An original and two legible copies of each pleading, motion or other paper related to any proceeding or hearing before the Board must be filed with the Board. The Board may direct a party who is filing a pleading, motion or other paper to make a copy of the pleading, motion or paper available to any other person who the Board determines may be affected by the proceeding or hearing and who wishes to have a copy.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.575 Method of service. (NRS 641C.200) The Board will serve a notice, advisory opinion, declaratory order or other document by mail or in person. If the Board serves a notice, advisory opinion, declaratory order or other document by mail, the Board will consider service to be complete when a true copy of the document is deposited in the United States mail, postage prepaid and addressed to the last known address in the records of the person to be served.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.580 Proof of service. (NRS 641C.200) Each document filed with the Board in a matter before the Board must include an acknowledgment or proof of service to all other parties involved in the matter.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.585 Discovery of witnesses and evidence. (NRS 641C.200)

1. Not less than 10 days after the filing of the response by the respondent to the formal complaint, a party to the matter may serve upon any other party to the matter a written demand for:

(a) Copies of all documents that are reasonably available to the other party which the other party reasonably anticipates will be used in support of his or her position.

(b) A written list of the names of the persons who the other party reasonably anticipates will testify at the disciplinary hearing in support of his or her position. The list must include the name and address of each such person and a general description of the anticipated subject matter of his or her testimony.

2. A party who receives a written demand for documents or information pursuant to subsection 1 shall:

(a) Respond to the written demand within 5 days after receiving the written demand; and

(b) If, after responding to or updating a written demand, the party reasonably anticipates that other documents or witnesses will be used in support of his or her position, or if any of the documents or information previously provided changes, promptly supplement and update his or her response to the written demand.

3. If a party fails to provide any documentation or information in response to a written demand in violation of the provisions of this section, the presiding officer of the Board will exclude the undisclosed document or the testimony of the witness at the hearing, unless the party demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date the exchange was required and that the evidence or witness was given or communicated to the other party immediately after it was obtained.

4. Except as otherwise required by law, discovery may only be done in accordance with the provisions of this section.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

Hearings

NAC 641C.587 Prehearing conference. (NRS 641C.200) The presiding officer may order a prehearing conference and may enter such prehearing orders as the presiding officer determines are appropriate for the efficient conduct of the hearing, including, without limitation:

1. The exchange of written direct testimony of witnesses;

2. The exclusion of particular testimony or evidence;

3. The admission of particular testimony and other exhibits by agreement of the parties;

4. The advance marking of all exhibits;

5. The exchange by the parties of written prehearing statements or briefs similar to pretrial statements filed in district court; and

6. Settlement negotiations. Settlement negotiations, and the statements of parties relating thereto, made at a prehearing conference are not admissible in evidence at the hearing unless the parties agree and the agreement is incorporated in a prehearing order.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.588 Rulings on preliminary matters. (NRS 641C.200)

1. The presiding officer may issue rulings on all preliminary matters, including, without limitation, scheduling matters, protective orders, the admissibility of evidence, and other procedural or prehearing matters.

2. A ruling on a preliminary matter is subject to reconsideration by the entire Board upon the request of a member of the Board or upon the motion of a party.

3. The failure of a party who is adversely affected by a ruling on a preliminary matter to move for reconsideration of the ruling does not constitute:

(a) Consent to the ruling; or

(b) Waiver of any objection previously made to the ruling.

4. For the purposes of this section, a matter is preliminary if it is not dispositive of a contested case or a substantive issue therein.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003)

NAC 641C.590 Notice of hearing. (NRS 641C.200)

1. The Board will serve a notice of a hearing at least 10 days before the date set for the hearing. A hearing which has previously been continued may be reset for hearing on advance notice of at least 3 days.

2. If a notice of hearing and accusation and a complaint are served at the same time, they may be considered together for the purposes of chapter 233B of NRS.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.595 Failure to appear. (NRS 641C.200) If a party in a matter before the Board fails to appear at a hearing scheduled for the matter and no continuance for the hearing has been granted, the Board may hold the hearing without the absent party, hear the testimony of the witnesses who have appeared, and consider and dispose of the matter based on evidence presented.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.600 Procedure at hearing; inclusion of certain documents in record; posthearing briefs. (NRS 641C.200)

1. The presiding officer of the Board in a hearing shall call the hearing to order, take the appearances of witnesses and act upon any pending motions or petitions.

2. The notice of hearing, any petition, answer, response or written stipulation and, if the hearing concerns a disciplinary proceeding, the complaint or any other responsive pleading become a part of the record without being read into the record, unless a party requests that the document be read into the record.

3. The legal counsel shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing arguments for the Board last.

4. Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

(a) Opening statement by the legal counsel.

(b) Opening statement by the respondent or the attorney for the respondent who may choose to make the opening statement at the beginning of the respondent’s case.

(1) Direct examination by the legal counsel;

(2) Cross-examination by the respondent or the attorney for the respondent;

(3) Redirect examination by the legal counsel;

(4) Recross-examination by the respondent or the attorney for the respondent; and

(5) Examination by the members of the Board.

(d) For each witness offered by the respondent, the same order as for witnesses offered by the legal counsel.

(e) If applicable, closing arguments by the respondent or the attorney for the respondent.

(f) If applicable, closing arguments by the legal counsel.

5. A member of the Board may, at any time during the hearing:

(a) Question a witness; and

(b) Request or allow additional evidence, including, additional testimony or documentary evidence.

6. A consolidated hearing before the Board will proceed in the same manner as described in this section with the order of the parties and evidence to be determined in the discretion of the presiding officer.

7. Posthearing briefs may be allowed by the presiding officer or upon a majority vote of the members of the Board. If such briefs are allowed, the Board will establish a time by when such briefs must be submitted.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

NAC 641C.605 Conduct. (NRS 641C.200) At a hearing or any other proceeding before the Board, the parties, their counsels, if any, the witnesses and any spectators shall conduct themselves in a respectful manner.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.615 Stipulations. (NRS 641C.200) With the approval of the presiding officer of the Board, parties to a matter before the Board may stipulate to any fact at issue by a written stipulation introduced into evidence as an exhibit or by an oral statement shown upon the record. Except as otherwise provided in this section, upon the approval of a stipulation by the Board, the stipulation becomes binding on all the parties who agreed to the stipulation, and the stipulation may be treated as evidence at the hearing. The presiding officer of the Board may, at any time during a hearing, require evidential proof of any facts to which the parties have stipulated.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.620 Official notice. (NRS 641C.200) In addition to the materials set forth in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, standards, records or files of the Board, of any state agency in this State and of any court of record.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.625 Decision by Board. (NRS 641C.200)

1. After the Board has publicly deliberated and voted upon a matter before the Board, the presiding officer of the Board may direct a party to the matter to draft the findings of fact, conclusions of law and any orders made by the Board on the matter, consistent with the oral deliberation and vote of the Board.

2. Upon a determination that a draft of the findings of fact, conclusions of law and any orders made pursuant to subsection 1 accurately reflects the matter as it was heard and decided upon by the Board, the presiding officer of the Board shall approve and execute the findings of fact, conclusions of law and any orders made. The staff shall mail a copy of the approved and executed findings of fact, conclusions of law and any orders of the Board to:

(a) Its legal counsel by regular mail; and

(b) Each party involved in the matter by certified mail.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.630 Petition for rehearing. (NRS 641C.200)

1. Not later than 10 days after the date on which the Board decides or issues an order on a matter before the Board, a party who is aggrieved by the decision or order may apply for a rehearing by filing with the Board a written petition that sets forth sufficient information that:

(a) A material mistake or fraud occurred which affected the decision or order of the Board; or

(b) Previously unavailable material evidence has been discovered.

Ê The Board will not consider any other grounds or information in determining whether to grant a petition for a rehearing.

2. The Board will act on a petition for a rehearing not later than 30 days after the date on which the petition for a rehearing was filed with the Board. If the Board does not act on a petition for a rehearing within the 30-day period, the Board will consider the petition for a rehearing to be denied.

3. The filing of a petition for a rehearing on a matter with the Board does not excuse the parties to the matter from complying with any decision or order made by the Board concerning that matter, or suspend the effectiveness of such a decision or order, unless the Board, by order, excuses the parties from compliance with, or declares the suspension of, the decision or order.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

Disciplinary Proceeding

NAC 641C.632 Action by Board after hearing. (NRS 641C.200)

1. After a hearing on the merits in a disciplinary proceeding, if the Board finds that the respondent is:

(a) Not guilty as charged in the formal complaint, the Board will issue a final order or decision dismissing the charges and notify the respondent that the charges have been dismissed.

(b) Guilty as charged in the formal complaint, the Board will:

(1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

(I) The danger to the health or safety of the public from the violation;

(II) The economic benefit received by the respondent from the violation;

(III) Any mitigation or aggravation by the respondent of the effects of the violation;

(IV) The extent to which the respondent demonstrates his or her good faith;

(V) Any previous history of violations by the respondent;

(VI) Whether the respondent knew or, as a competent person, should have known that the action complained of was a violation of law, regulation or a condition of his or her license or certificate;

(VII) Whether the respondent has initiated remedial measures to prevent similar violations;

(VIII) The magnitude of penalties imposed on other licensees or persons with certificates for similar violations;

(IX) The proportionality of the penalty in relation to the misconduct; and

(X) If the respondent offered evidence of mitigating factors, all such evidence;

(2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to this chapter or chapter 641C of NRS, require the respondent to:

(I) Fulfill certain training or educational requirements; and

(II) Pay costs incurred by the Board relating to the disciplinary proceedings; and

(3) Issue and serve the final order or decision of the Board on the respondent.

2. A final order or decision by the Board that is adverse to the respondent must:

(a) Be in writing;

(b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

3. A final order or decision of the Board in a disciplinary proceeding is effective on the earliest of:

(a) The date on which the final order or decision is personally served on the respondent;

(b) The date on which the final order or decision is posted at the premises of the respondent; or

(c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the address of record of the respondent.

(Added to NAC by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, eff. 12-16-2003; A by R185-07, 12-17-2008)

Miscellaneous Petitions

NAC 641C.635 Petition for declaratory order or advisory opinion: Scope of consideration. (NRS 641C.200) The Board will consider petitions for declaratory orders or advisory opinions regarding the applicability of any statutory provision or any regulation or order of the Board.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.640 Petition for declaratory order or advisory opinion: Action by Board. (NRS 641C.200)

1. Upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board. If a petition for a declaratory order or an advisory opinion is filed with the Board within the 10 days immediately preceding the date of the next regularly scheduled meeting of the Board, the petition will be placed on the agenda for discussion at the following regularly scheduled meeting of the Board.

2. After discussing and considering a petition for a declaratory order or an advisory opinion at its meeting, the Board will grant or deny the petition. If the Board denies a petition for a declaratory order or an advisory opinion, the Board will take no further action on the matter.

3. If the Board grants a petition for a declaratory order or an advisory opinion, the Board will issue a declaratory order or an advisory opinion on the matters raised in the petition for a declaratory order or an advisory opinion not later than 90 days after the date on which the Board grants the petition, except that the Board may extend the period by which it will issue the declaratory order or advisory opinion to not more than 120 days if good cause exists for such an extension. The Board may schedule a hearing on any issue raised in a petition for a declaratory order or an advisory opinion before the Board issues its declaratory order or advisory opinion. The Board will consider such a hearing as being sufficient good cause to warrant an extension for issuing its declaratory order or advisory opinion.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.645 Petition for declaratory order or advisory opinion: Preparation of order or opinion; notice to petitioner. (NRS 641C.200)

1. If the Board determines that it should address any issue set forth in a petition for a declaratory order or an advisory opinion, the presiding officer of the Board shall assign one member of the Board to write a declaratory order or an advisory opinion on the issue.

2. Within 60 days immediately following the date on which a member of the Board is assigned to write a declaratory order or an advisory opinion on an issue, the member of the Board shall:

(a) Review the comments of all members of the Board on the issue;

(b) Research the issue and, if necessary, seek the assistance of the attorney general; and

3. Upon the issuance of a declaratory order or an advisory opinion by the Board, the staff shall give notice of that order or opinion to the petitioner who filed the petition for the declaratory order or advisory opinion.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.650 Petition for declaratory order or advisory opinion: Violation of order or opinion. (NRS 641C.200) Any act by a counselor or certified intern in contradiction to or violation of a finding of fact, conclusion of law or order made by the Board, or of a declaratory order or advisory opinion issued by Board constitutes unprofessional conduct.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.655 Petition for adoption, amendment or repeal of regulation. (NRS 641C.200)

1. A petition for the adoption, amendment or repeal of a regulation of the Board must be in writing, prepared in a form approved by the Board and filed with the Board.

2. Except as otherwise provided in this section, if the Board receives a petition for the adoption, amendment or repeal of a regulation of the Board:

(a) More than 30 days before the next regularly scheduled meeting of the Board, the Board will place the petition on the agenda of the next regularly scheduled meeting of the Board; or

(b) Within the 30 days immediately preceding the next regularly scheduled meeting of the Board, the Board will place the petition on the agenda for the following regularly scheduled meeting of the Board,

Ê for discussion to determine whether the petition should be denied or procedures for the adoption, amendment or repeal of a regulation should be commenced.

3. The Board may call a special meeting to consider a petition for the adoption, amendment or repeal of a regulation if the Board determines that such a special meeting is necessary.

(Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)