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

Link to law: http://www.leg.state.nv.us/nac/NAC-641C.html
Published: 2015

[Rev. 1/2/2015 3:42:53 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R058-14

[NAC-641C Revised Date: 3-12]

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

alcohol and drug abusers” 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 alcohol and

drug abusers” 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 drug

abuse” 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.

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.

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

Abuse Counselors: Qualifications for certificate; designation.

641C.277         Native American Alcohol and Drug

Abuse Counselors: Certification without examination.

641C.278         Native American Alcohol and Drug

Abuse Counselors: Authorized activities.

641C.280         Supervisors of certified interns:

Generally.

641C.285         Supervisors of certified interns:

Duties.

641C.290         Education and training of certified

intern; change of supervisor.

641C.295         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 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.

     (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.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 drug abuse or for problem 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 alcohol and drug abusers”

defined. (NRS

641C.200)  “Clinical

practice of counseling alcohol and drug abusers” 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 abuse counselor;

     2.  Licensed as a clinical alcohol and drug

abuse counselor; or

     3.  Certified as a problem gambling

counselor.

     (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.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 alcohol and

drug abusers;

     2.  The clinical practice of counseling

alcohol and drug abusers; or

     3.  The practice of counseling problem

gamblers.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)

      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 alcohol and drug abusers” defined. (NRS 641C.200)  “Practice

of counseling alcohol and drug abusers” 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 drug abuse” defined. (NRS 641C.200)  “Treatment

for alcohol and drug abuse” 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 alcohol and substance abusers;

          (2) Counseling problem gamblers;

          (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.”

     (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.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 42

C.F.R. Part 2; and

     2.  If the information is subject to 42

C.F.R. Part 2, only to the extent that the provisions of this chapter relating

to the acquisition, maintenance and disclosure of the information do not

conflict with 42 C.F.R. Part 2.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000)

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)

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 fingerprint cards 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

fingerprint cards 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)

      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

abuse counselor to have successfully completed 2,500 hours of supervised

counseling of drug and alcohol abusers 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 alcohol and drug

abusers 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 alcohol and drug abusers 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 abuse

counselor to have:

     (a) Successfully completed 1,250 hours of

supervised, postgraduate counseling of drug and alcohol abusers 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 alcohol and drug

abusers from an accredited college or university; and

     (b) Successfully completed 1,250 hours of

postgraduate counseling of persons with mental illness who are also alcohol and

drug abusers 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 alcohol and drug

abusers 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; R185-07,

12-17-2008)

REVISER’S NOTE.

      The regulation of the Board of Examiners for Alcohol

and Drug Abuse Counselors (now Board of Examiners for Alcohol, Drug and

Gambling Counselors) filed with the Secretary of State on January 28, 2002 (LCB

File No. R126-01), which amended this section, contains the following provision

not included in NAC:

      “The amendatory provisions of sections 1 and 3 of this

regulation [NAC 641C.205 and 641C.220] apply retroactively to October 1, 1999.”

 

      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 abuse counselor intern, a clinical alcohol and drug abuse

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;

     (c) Has previously had his or her license or

certificate revoked by the Board;

     (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 or probation

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 90 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.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

      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)

REVISER’S NOTE.

      The regulation of the Board of Examiners for Alcohol

and Drug Abuse Counselors (now Board of Examiners for Alcohol, Drug and

Gambling Counselors) filed with the Secretary of State on January 28, 2002 (LCB

File No. R126-01), which amended this section, contains the following provision

not included in NAC:

      “The amendatory provisions of sections 1 and 3 of this

regulation [NAC 641C.205 and 641C.220] apply retroactively to October 1, 1999.”

 

      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 abuse counselor or a

clinical alcohol and drug abuse 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;

     (c) Proof satisfactory to the Board that the

license, certificate or other credential held by the applicant:

          (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 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;

     (f) The fingerprint cards 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

fingerprint cards and issuance of the reports of criminal histories; and

     (g) 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 alcohol and drug abusers, the clinical practice of

counseling alcohol and drug abusers or the practice of counseling problem

gamblers, 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.

     (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.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) Except as otherwise provided in this paragraph,

the fingerprint cards required pursuant to NRS 641C.530 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

fingerprint cards and issuance of the reports of criminal histories. An

applicant for the renewal of a license or certificate is only required to submit

the fingerprint cards and the fees charged by the Central Repository for Nevada

Records of Criminal History and the Federal Bureau of Investigation with the

application for renewal for the third biennial renewal period after the initial

licensure or certification and every third biennial renewal period thereafter.

     2.  If a complete application for the renewal

of a license or certificate, including the required renewal fee and fingerprint

cards and fees, 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.

     (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.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......................................





                   $120







     2.  For the

application for a certificate as a supervisor of certified interns.........





                     $30







     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..............





                     $30







     6.  For the

renewal of a license or certificate as a counselor...............................





                   $200







     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......................................................................................





                    $80,







 





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 fingerprint cards and issuance

of the reports of criminal histories.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

      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 or check payable to 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.

     (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.250  Authorized activities of counselor and certified intern; scope of

practice of counseling. (NRS 641C.200)

     1.  A person who is licensed or certified as

an alcohol and drug abuse counselor may:

     (a) Provide counseling for the abuse of alcohol and

other drugs, 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 abuser of alcohol or

drugs, only to the extent necessary to treat the identified or suspected abuser

or engage the identified or suspected abuser in treatment; and

     (c) Conduct testing for which the counselor was

trained.

     2.  A person who is licensed as a clinical

alcohol and drug abuse counselor may:

     (a) Provide counseling for the abuse of alcohol and

other drugs, 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 who is also an alcoholic or abuser of drugs,

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 abuser of alcohol or

drugs, only to the extent necessary to treat the identified or suspected abuser

or engage the identified or suspected abuser 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 problem gambler, only

to the extent necessary to treat the identified or suspected problem gambler or

engage the identified or suspected problem gambler in treatment; and

     (c) Conduct testing for which the counselor was

trained.

     4.  A certified intern may provide any

services allowed by law subject to the clinical supervision and allowance by

the licensed or certified counselor supervising the certified intern. If a

certified intern diagnoses or classifies a client, the diagnosis or

classification must be substantiated in the clinical record of the client and

countersigned by the licensed or certified counselor supervising the certified

intern.

     5.  Except as otherwise provided in

subsection 6 and in NRS 641C.130,

the provision of counseling services related to alcohol and drug abuse or

problem 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 alcohol and drug abusers, the clinical practice of counseling alcohol

and drug abusers or the practice of counseling problem gamblers which is

subject to the provisions of this chapter and chapter 641C of NRS.

     6.  The practice of counseling alcohol and

drug abusers, the clinical practice of counseling alcohol and drug abusers and

the practice of counseling problem gamblers 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

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 alcohol and drug abusers may represent himself or herself as:

     (a) A licensed alcohol and drug abuse 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 abuse 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 abuse counselor pursuant to NAC

641C.276 or 641C.277, a Native American

certified alcohol and drug abuse counselor, or use the initials “NACADC” after

his or her name.

     8.  A person who engages in the clinical

practice of counseling alcohol and drug abusers may represent himself or

herself as a licensed clinical alcohol and drug abuse 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 problem gamblers 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 abuse 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 abuse

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.

     (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.255  Evidence of license or certificate. (NRS 641C.200)  Whenever

a person subject to the jurisdiction of the Board provides counseling to

alcohol or drug abusers or problem gamblers, 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 alcohol and drug abusers, the clinical practice of counseling

alcohol and drug abusers or the practice of counseling problem gamblers.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)

      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.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)

      NAC 641C.276  Native American Alcohol and Drug Abuse 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 abuse 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 abuse 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 abuse 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 abuse 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 drug abuse 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;

     (c) Orientation;

     (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 abuse counselor who has contracted with or receives a grant

from the Federal Government to provide services as an alcohol and drug abuse

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 drug and alcohol abusers 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 abuse counselor pursuant to this section must be referred

to as a Native American Alcohol and Drug Abuse 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 Abuse Counselors: Certification

without examination. (NRS 641C.200, 641C.300)

     1.  An applicant for a certificate as an

alcohol and drug abuse 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 drug abuse 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 fingerprint cards 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 fingerprint

cards 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 alcohol and drug abusers 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 abuse 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)

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

activities. (NRS

641C.200, 641C.390)  A person

who is issued a certificate as an alcohol and drug abuse counselor by the Board

pursuant to NAC 641C.276:

     1.  May only provide counseling services

relating to alcohol and drug abuse 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 abuse 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)

     1.  To be eligible to supervise a certified

intern, a counselor must:

     (a) Be licensed as an alcohol and drug abuse

counselor, licensed as a clinical alcohol and drug abuse counselor or certified

as a problem gambling counselor by the Board and be in good standing with the

Board and not under any investigation by the Board;

     (b) Have satisfactorily completed a course approved

by the Board for the training of supervisors; and

     (c) Have engaged in the practice of counseling

alcohol and drug abusers, the clinical practice of counseling alcohol and drug

abusers or the practice of counseling problem gamblers for at least 2 years.

     2.  A licensed alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse 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 alcohol and drug abuse counselors, licensed clinical

alcohol and drug abuse 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 alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern shall 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

     (c) Supervise more than five certified interns at

one time without the prior approval of the Board.

     5.  A licensed alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern 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 alcohol and drug abuse counselor, licensed clinical alcohol and drug

abuse counselor or certified problem gambling counselor.

     6.  A licensed alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern shall 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.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

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

     1.  A licensed alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern shall ensure

that:

     (a) The work of the certified intern is conducted

in an appropriate professional setting;

     (b) The work of the certified intern is consistent

with the standards of the profession;

     (c) The certified intern is assisted with the

development of his or her professional identity;

     (d) The certified intern has gained the skills

required to manage his or her practice;

     (e) The certified intern has gained the skills

required for continuing competency;

     (f) The certified intern has gained knowledge of

the laws and regulations applicable to the practice of counseling alcohol and

drug abusers, the clinical practice of counseling alcohol and drug abusers or

the practice of counseling problem gamblers; and

     (g) The certified intern is familiar with the

current literature concerning those areas of alcohol and drug abuse counseling

or problem gambling counseling which are relevant to his or her area of

practice.

     2.  A licensed alcohol and drug abuse

counselor who is supervising a certified alcohol and drug abuse counselor

intern shall communicate with the certified alcohol and drug abuse 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 abuse

counselor intern in his or her practice.

     3.  A licensed clinical alcohol and drug

abuse counselor who is supervising a certified clinical alcohol and drug abuse

counselor intern or a certified alcohol and drug abuse counselor intern shall

communicate with the certified clinical alcohol and drug abuse counselor intern

or the certified alcohol and drug abuse 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 abuse counselor intern

or the certified alcohol and drug abuse 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 alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern:

     (a) Shall prepare a progress report for each period

of certification in which the licensed alcohol and drug abuse counselor,

licensed clinical alcohol and drug abuse 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 alcohol and drug

abuse counselor, licensed clinical alcohol and drug abuse 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 alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse counselor or certified problem gambling counselor, the

licensed alcohol and drug abuse counselor, licensed clinical alcohol and drug

abuse counselor or certified problem gambling counselor shall ensure that the

progress report prepared by the licensed alcohol and drug abuse counselor,

licensed clinical alcohol and drug abuse 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 alcohol and drug abuse counselor, licensed clinical alcohol and drug

abuse counselor or certified problem gambling counselor ceases or is otherwise

terminated, the licensed alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse 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 alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor who is supervising a certified intern shall 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.

     (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.290  Education and training of certified intern; change of supervisor.

(NRS

641C.200)

     1.  Any hours which a certified intern

accumulates while:

     (a) Working under the supervision of a licensed

alcohol and drug abuse counselor, a licensed clinical alcohol and drug abuse

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 alcohol and drug abusers, the clinical

practice of counseling alcohol and drug abusers, the practice of counseling

problem gamblers 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 alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse 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. 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 alcohol and drug abuse counselor, licensed

clinical alcohol and drug abuse 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 10 years after the date on which he or she initially applies to

become a certified intern.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

      NAC 641C.295  Withdrawal of approval to supervise certified intern. (NRS 641C.200)  The

Board will withdraw its approval for a licensed alcohol and drug abuse

counselor, a licensed clinical alcohol and drug abuse counselor or a certified

problem gambling counselor to supervise certified interns if:

     1.  The licensed alcohol and drug abuse

counselor, licensed clinical alcohol and drug abuse counselor or certified

problem gambling counselor:

     (a) Fails to supervise a certified intern

adequately;

     (b) Fails to comply with the provisions of this

chapter and chapter 641C of NRS

relating to the supervision of certified interns;

     (c) Fails to ensure that two or more consecutive

progress reports regarding the progress of each certified intern under the

supervision of the licensed alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse counselor or certified problem gambling counselor is

submitted to the Board as required in NAC 641C.285;

or

     (d) Knowingly allows a certified intern under the

supervision of the licensed alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse counselor or certified problem gambling counselor to

violate any provision of this chapter or chapter

641C of NRS; and

     2.  The Board determines that the withdrawal

of its approval for the licensed alcohol and drug abuse counselor, licensed

clinical alcohol and drug abuse counselor or certified problem gambling

counselor to supervise certified interns is appropriate under the

circumstances.

     (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)

CONTINUING EDUCATION

      NAC 641C.300  Requirements for maintenance or renewal of license or

certificate; grounds for disciplinary action. (NRS 641C.200)

     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. Part 160.

     2.  To maintain and renew his or her

certification as a certified intern, the certified intern must attend:

     (a) At least 15 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 3 months of certification that pertain to ethics; and

          (2) At least 6 hours of training during the

first 3 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.

Part 160;

     (b) At least 10 hours of training during his or her

second 6 months of certification; and

     (c) At least 20 hours of training during each

subsequent year of certification.

     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 abuse counselors or licensed clinical alcohol and

drug abuse 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 alcohol and drug abuse counselor, a

licensed clinical alcohol and drug abuse 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 alcohol, drug or gambling counseling

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.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R072-07, 12-4-2007; R185-07, 12-17-2008)

      NAC 641C.305  Affidavit 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

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 to

verify the authenticity of the information set forth in the affidavit.

     2.  A counselor shall maintain sufficient

documentation verifying the information which the counselor includes in his or

her affidavit relating to his or her continuing education for at least 3 years

after the date on which the affidavit is executed. A counselor will not be

given credit for any hours of continuing education that are not supported by

documentation.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003)

      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 drug abuse and is applicable

to the practice of counseling alcohol and drug abusers or the clinical practice

of counseling alcohol and drug abusers; or

          (2) Problem gambling and is applicable to the

practice of counseling problem gamblers;

     (c) Is of professional quality;

     (d) Is appropriately designed for instructional

purposes; and

     (e) Includes a written evaluation, to be completed

by each counselor taking the course, of the content and presentation of the

course or program and the relevance of the course or program to continuing

education.

     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

Association for Addiction Professionals, the Health Division 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 related to alcohol and drug abuse

counseling, addiction, codependency or other issues related to the practice of

counseling alcohol and drug abusers or the clinical practice of counseling

alcohol and drug abusers or a course or program of education related to problem

gambling counseling or other issues related to the practice of counseling

problem gamblers 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;

     (c) The Board of Examiners for Social Workers;

     (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.

     (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)

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 alcohol and drug abusers, the clinical practice of

counseling alcohol and drug abusers or the practice of counseling problem

gamblers, the counselor or certified intern must disclose to the client orally

and in writing the type of service that is being provided and that the service

is not within the scope of the practice of counseling alcohol and drug abusers,

the clinical practice of counseling alcohol and drug abusers or the practice of

counseling problem gamblers.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)

      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 alcohol and drug abusers, the clinical practice of counseling

alcohol and drug abusers or the practice of counseling problem gamblers while

he or she is impaired by:

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

     (b) A mental or physical condition that prevents

him or her from safely engaging in the practice of counseling alcohol and drug

abusers, the clinical practice of counseling alcohol and drug abusers or the

practice of counseling problem gamblers.

     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 alcohol and drug

abusers, clinical practice of counseling alcohol and drug abusers or practice

of counseling problem gamblers 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 alcohol and drug

abusers, the scope of the clinical practice of counseling alcohol and drug

abusers, the scope of the practice of counseling problem gamblers or the scope

of his or her license or certificate.

     10.  Shall base his or her practice upon the

recognized knowledge relevant to the practice of counseling alcohol and drug

abusers, the clinical practice of counseling alcohol and drug abusers or the

practice of counseling problem gamblers.

     11.  Shall critically examine and keep

current with emerging knowledge relevant to the practice of counseling alcohol

and drug abusers, the clinical practice of counseling alcohol and drug abusers

or the practice of counseling problem gamblers.

     12.  Based upon recognized knowledge and

standards for the practice of counseling alcohol and drug abusers, the clinical

practice of counseling alcohol and drug abusers or the practice of counseling

problem gamblers, 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

abuse 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 authorize a person under the

supervision of the counselor or certified intern to perform services that are

outside of the scope of the license, certificate, training or experience of the

person performing the services, or allow such a person to hold himself or

herself out as having expertise in a field or activity in which that person 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, including, without limitation,

an action for malpractice, is filed against the counselor or certified intern;

or

     (e) A settlement or judgment is made in any civil

action, including, without limitation, an action for malpractice, in any case

filed against the counselor or certified intern for any act relating to the

practice of counseling alcohol and drug abusers, the clinical practice of

counseling alcohol and drug abusers or the practice of counseling problem

gamblers.

     (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.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 drug abuse 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 drug abuse 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 drug abuse 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.

     (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; R072-07, 12-4-2007; R185-07,

12-17-2008)

      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.

     (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.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

abuse counselor, a licensed clinical alcohol and drug abuse counselor, a

certified alcohol and drug abuse counselor intern or a certified clinical

alcohol and drug abuse counselor intern shall maintain the confidentiality of

information subject to the standards of confidentiality set forth in the

provisions of 42 C.F.R. Part 2 in compliance with those provisions. Failure by

a licensed or certified alcohol and drug abuse counselor, a licensed clinical

alcohol and drug abuse counselor, a certified alcohol and drug abuse counselor

intern or a certified clinical alcohol and drug abuse counselor intern to

maintain the confidentiality of information in accordance with this section and

42 C.F.R. Part 2 is a ground for disciplinary action by the Board against the

licensed or certified alcohol and drug abuse counselor, licensed clinical

alcohol and drug abuse counselor, certified alcohol and drug abuse counselor

intern or certified clinical alcohol and drug abuse counselor intern.

     2.  A certified problem gambling counselor or

certified problem gambling counselor intern shall maintain the confidentiality

of information subject to standards of confidentiality that are equivalent to

the standards set forth in the provisions of 42 C.F.R. Part 2 for the

confidentiality of alcohol and drug abuse patient records. Failure by a

certified problem gambling counselor or certified problem gambling counselor

intern to maintain the confidentiality of information in accordance with this

section is a ground for disciplinary action by the Board against the certified

problem gambling counselor or certified problem gambling counselor intern.

     3.  A counselor or certified intern shall

inform and obtain the authorization of a client if:

     (a) The counselor or certified intern intends to

record any interview with the client; or

     (b) A person other than the counselor or certified

intern will be observing an interview between the counselor or certified intern

and the client.

     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.

     (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.430  Coordination of care. (NRS 641C.200)  If a

counselor or certified intern becomes aware that a client is receiving

treatment for alcohol and drug abuse or treatment for problem gambling from

another person or organization, or is receiving treatment for any other

condition that could affect the treatment that the counselor or certified intern

is or would provide to the client, the counselor or certified intern shall not

provide that treatment to the client without the coordination of care with the

other person or organization providing care to the client.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003)

      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

alcohol and drug abusers, the clinical practice of counseling alcohol and drug

abusers, the practice of counseling problem gamblers or a related field revokes

or suspends the license, certificate, registration or other credential, or

takes any other disciplinary action against the counselor or certified intern,

the revocation, suspension or disciplinary action is a ground for disciplinary

action by the Board against the counselor or certified intern for unprofessional

conduct.

     4.  The failure of a counselor or certified

intern to comply with a stipulation, agreement, advisory opinion or order

issued by the Board constitutes unprofessional conduct and is a ground for

disciplinary action by the Board against the counselor or certified intern.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

      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 alcohol and drug abusers, the clinical practice of

counseling alcohol and drug abusers or the practice of counseling problem

gamblers which represents an extreme departure from the standard of care

required from a counselor or certified intern under the circumstances.

     (b) “Malpractice” means conduct in the practice of

counseling alcohol and drug abusers, the clinical practice of counseling

alcohol and drug abusers or the practice of counseling problem gamblers which

falls below the standard of care required from a counselor or certified intern

under the circumstances.

     (c) “Negligence” means conduct in the practice of

counseling alcohol and drug abusers, the clinical practice of counseling

alcohol and drug abusers or the practice of counseling problem gamblers which

represents a departure from the standard of care required from a counselor or

certified intern under the circumstances.

     (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.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 drug

abuse counseling or problem gambling counseling as a certified intern without

being enrolled in course work as required by this chapter and chapter 641C of NRS.

     2.  Performing services for alcohol and drug

abuse counseling or problem gambling counseling as a counselor or certified

intern under a license or certificate that has lapsed or been deactivated.

     3.  Failing to cooperate with any

investigation of a complaint filed against the counselor or certified intern,

including, without limitation, denying or failing to cooperate with a request

for records made by the Board.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol,

Drug & Gambling Counselors by R157-03, 12-16-2003)

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;

     (c) Investigate new leads and allegations that may

come to their knowledge in the course of the investigation;

     (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

Health Division of the Department of Health and Human Services in the

investigation of the alleged violations; and

     (b) Request the Health Division 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 alcohol and drug abusers, the clinical

practice of counseling alcohol and drug abusers or the practice of counseling

problem gamblers;

     (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.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug

Abuse Counselors by R097-00, eff. 8-9-2000; A by R126-01, 1-28-2002; A by Bd.

of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003;

R185-07, 12-17-2008)

      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 alcohol and drug abusers, the clinical practice of counseling

alcohol and drug abusers or the practice of counseling problem gamblers; or

          (3) Regulates or has jurisdiction over the

violations of law alleged in a complaint,

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.

    (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.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.

     (c) For each witness offered by the legal counsel:

          (1) Direct examination by the legal counsel;

          (2) Cross-examination by the respondent or the

attorney for the respondent;

          (3) Redirect examination by the legal counsel;

          (4) Recross-examination by the respondent or

the attorney for the respondent; and

          (5) Examination by the members of the Board.

     (d) For each witness offered by the respondent, the

same order as for witnesses offered by the legal counsel.

     (e) If applicable, closing arguments by the

respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal

counsel.

     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

     (c) Specifically set forth the punishment imposed

on the respondent.

     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

     (c) Submit a draft of his or her declaratory order

or advisory opinion to the Board for its approval.

     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)

 
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