Nac: Chapter 641B - Social Workers

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

[Rev. 1/2/2015 3:42:41 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: R025-14

[NAC-641B Revised Date: 1-12]

CHAPTER 641B - SOCIAL WORKERS

GENERAL PROVISIONS

641B.005         Definitions.

641B.010         “Applicant” defined.

641B.012         “Approved provider of continuing

education” defined.

641B.015         “Board” defined.

641B.017         “Client” defined.

641B.022         “Colleague” defined.

641B.025         “Complainant” defined.

641B.027         “Continuing education hour” defined.

641B.028         “Degree in a related field” defined.

641B.035         “Intern” defined.

641B.040         “Intervener” defined.

641B.041         “Licensed associate in social work”

defined.

641B.042         “Licensed clinical social worker”

defined.

641B.043         “Licensed independent social worker”

defined.

641B.044         “Licensed social worker” defined.

641B.045         “Licensee” defined.

641B.047         “Licensing period” defined.

641B.050         “Petitioner” defined.

641B.052         “Program of continuing education”

defined.

641B.055         “Protestant” defined.

641B.056         “Provider” defined.

641B.057         “Psychotherapeutic methods and

techniques” defined.

641B.060         “Respondent” defined.

641B.062         “Services that are culturally and

linguistically appropriate” defined.

641B.063         “Social work services” defined.

641B.065         “Social worker” defined.

641B.068         Interpretation of term “all costs

incurred by the Board relating to the discipline of the person.”

641B.069         Interpretation of terms used in NRS 641B.030.

641B.070         Severability.

LICENSING AND SUPERVISION

641B.075         Evidence of license.

641B.080         Display of license.

641B.082         Display of internship certificate.

641B.085         List of licensed persons; notice of

change of address.

641B.090         Application for licensure or

renewal; conditions for waiver of examination.

641B.095         Evidence of age, citizenship and

entitlement to remain and work in United States.

641B.100         Evidence of education.

641B.105         Examinations.

641B.110         Expiration and renewal of license

and provisional license.

641B.111         Restoration of expired license.

641B.112         Provisional license: Eligibility;

validity; disciplinary action; reinstatement or restoration; supervision of

holder.

641B.115         Fees.

641B.120         Payment and handling of fees and

remittances; lapse of applications.

641B.124         Practice by electronic, telephonic

or other means.

641B.126         Licensure by endorsement.

641B.131         “Degree in a related field” defined

for purposes of qualifying for license or provisional license.

641B.140         Licensed independent social worker:

Internship required for licensure.

641B.150         Licensed clinical social worker:

Internship required for licensure.

641B.155         Supervisors of interns: Generally.

641B.160         Supervisors of interns: Duties;

additional internship hours if required; withdrawal of approval to supervise;

reapplication for approval.

641B.165         Supervisors of interns: Requirements

for provision or continuation of supervision.

641B.170         Supervisors of interns: Agreement

for fee.

CONTINUING EDUCATION

641B.187         Prerequisites and

requirements for renewal of license; grounds for disciplinary action.

641B.188         Affidavit of completion: Submission;

verification of authenticity.

641B.189         Approval of program by Board;

acceptable forms of program; unacceptable courses and programs.

641B.190         Approval: General requirements.

641B.191         Approval: Application by provider;

action by Board; provider to submit quarterly reports; request for

reconsideration of denial.

641B.192         Approval: Application by licensee;

request for approval for credit of program created and directed by licensee.

641B.193         Complaint regarding program of

continuing education or provider: Investigation by Board; denial or withdrawal

of approval.

641B.194         Providers: Maintenance of records;

issuance of certificates of completion.

641B.195         Providers: Submission of information

to Board.

STANDARDS OF PRACTICE

641B.200         Professional responsibility.

641B.205         Responsibility to client.

641B.210         Confidentiality of records.

641B.215         Research: Consent and protection of

participants; credit for work.

641B.220         Unprofessional conduct.

641B.225         “Professional incompetence” interpreted.

641B.240         Use of title.

641B.245         Appointment of hearing officer.

PRACTICE BEFORE THE BOARD OF EXAMINERS FOR SOCIAL WORKERS

Parties and Representatives

641B.250         Classification of parties.

641B.255         Appearance by Board’s staff.

641B.260         Entry of appearance.

641B.265         Representation of parties.

641B.270         Service upon attorney.

641B.275         Withdrawal of attorney.

Pleadings, Motions and Discovery

641B.280         Captions.

641B.285         Execution.

641B.290         Construction.

641B.295         Applications.

641B.300         Petitions.

641B.305         Procedure upon receipt of

accusation.

641B.310         Formal complaints: Preparation and

filing.

641B.315         Formal complaints: Service and

response.

641B.320         Motions.

641B.325         Filing pleadings and motions.

641B.330         Method of service.

641B.335         Proof of service.

641B.340         Discovery of witnesses and evidence.

641B.342         Continuance.

Hearings

641B.345         Notice of hearing.

641B.350         Failure to appear.

641B.355         Preliminary procedure.

641B.360         Conduct.

641B.365         Testimony under oath.

641B.370         Order of presentation.

641B.375         Consolidation of proceedings.

641B.380         Stipulations.

641B.385         Briefs.

641B.390         Official notice.

641B.395         Informal hearings.

641B.400         Submission for decision.

641B.405         Petition for rehearing.

641B.410         Rehearing on motion of Board.

641B.415         Effect of filing petition for

rehearing.

Miscellaneous Petitions

641B.420         Petition for declaratory order or

advisory opinion: Scope of consideration.

641B.425         Petition for declaratory order or

advisory opinion: Action by Board.

641B.430         Petition for declaratory order or

advisory opinion: Preparation of order or opinion.

641B.435         Petition for declaratory order or

advisory opinion: Notice of order or opinion.

641B.440         Petition for declaratory order or

advisory opinion: Violation of order or opinion.

641B.445         Petition for adoption, amendment or

repeal of regulation.

641B.450         Petition to appear before Board.

 

GENERAL PROVISIONS

      NAC 641B.005  Definitions. (NRS 641B.160)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 641B.010 to 641B.065,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003)

      NAC 641B.010  “Applicant” defined. (NRS 641B.160)  “Applicant”

means a person who applies for any privilege, license, approval or authority

from the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R113-98, 1-13-99)

      NAC 641B.012  “Approved provider of continuing education” defined. (NRS 641B.160)  “Approved

provider of continuing education” means a provider that the Board has approved

to provide programs of continuing education without submitting the contents of

each individual program for the review process set forth in subsection 1 of NAC 641B.191.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R112-00, 1-17-2001)

      NAC 641B.015  “Board” defined. (NRS 641B.160)  “Board”

means the Board of Examiners for Social Workers.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.017  “Client” defined. (NRS 641B.160)  “Client”

means a natural person, couple, family, group, organization, governmental

agency or political subdivision of this State that receives services from a social

worker, regardless of whether the social worker charges a fee or receives any

compensation for the services.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R142-08, 2-11-2009)

      NAC 641B.022  “Colleague” defined. (NRS 641B.160)  “Colleague”

means any provider of services directly to a client, including, without

limitation, professionals, paraprofessionals and team members.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.025  “Complainant” defined. (NRS 641B.160)  “Complainant”

means any person who complains to the Board of any act of another person.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.027  “Continuing education hour” defined. (NRS 641B.160)  “Continuing

education hour” means 60 minutes of instruction devoted to a program of

continuing education.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 5-15-92; 11-8-95; R113-98, 1-13-99)

      NAC 641B.028  “Degree in a related field” defined. (NRS 641B.160)  “Degree

in a related field” means a degree that includes a curriculum in:

     1.  Theories or concepts of human behavior

and the social environment;

     2.  Methods used in the practice of social work

for intervention and delivery of services;

     3.  Research concerning social work,

including, without limitation, the evaluation of programs or practices;

     4.  Management, administration or social

policy; and

     5.  Ethics in the practice of social work.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R112-00, 1-17-2001)—(Substituted in revision for NAC

641B.058)

      NAC 641B.035  “Intern” defined. (NRS 641B.160)  “Intern”

means an applicant for licensure as a licensed independent social worker or as

a licensed clinical social worker who has not yet completed 3,000 hours of

supervised postgraduate training, but is in the process of doing so under a

program of internship approved by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R079-02, 1-9-2003)

      NAC 641B.040  “Intervener” defined. (NRS 641B.160)  “Intervener”

means any person who is not an original party to a proceeding but who may be

directly and substantially affected by it and who secures an order from the

Board or presiding officer granting him or her leave to intervene.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.041  “Licensed associate in social work” defined. (NRS 641B.160)  “Licensed

associate in social work” means a person licensed by the Board pursuant to NRS 641B.210 to engage in the

practice of social work as an associate in social work.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.042  “Licensed clinical social worker” defined. (NRS 641B.160)  “Licensed

clinical social worker” means a person licensed by the Board pursuant to NRS 641B.240 to engage in the

practice of social work as a clinical social worker.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.043  “Licensed independent social worker” defined. (NRS 641B.160)  “Licensed

independent social worker” means a person licensed by the Board pursuant to NRS 641B.230 to engage in the

practice of social work as an independent social worker.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.044  “Licensed social worker” defined. (NRS 641B.160)  “Licensed

social worker” means a person licensed by the Board pursuant to NRS 641B.220 to engage in the

practice of social work as a social worker.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.045  “Licensee” defined. (NRS 641B.160)  “Licensee”

means a person holding a license or provisional license pursuant to this

chapter as a licensed associate in social work, licensed social worker,

licensed independent social worker or licensed clinical social worker.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R113-98, 1-13-99; R079-02, 1-9-2003)

      NAC 641B.047  “Licensing period” defined. (NRS 641B.160)  “Licensing

period” means the period in which a license is valid as prescribed in NAC 641B.110.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89)

      NAC 641B.050  “Petitioner” defined. (NRS 641B.160)  “Petitioner”

means any person, except a complainant, who petitions for any affirmative

relief, including a person who requests an advisory opinion or declaratory

order or requests the adoption, amendment or repeal of a regulation.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.052  “Program of continuing education” defined. (NRS 641B.160)  “Program

of continuing education” means a course or program of education and training

that:

     1.  Is designed to maintain, improve or

enhance the knowledge and competency of a licensee in the practice of social

work; and

     2.  Has been approved by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R112-00, 1-17-2001; R079-02, 1-9-2003; R142-08, 2-11-2009)

      NAC 641B.055  “Protestant” defined. (NRS 641B.160)  “Protestant”

means any person who enters a proceeding to protest against an application or

petition.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.056  “Provider” defined. (NRS 641B.160)  “Provider”

means a person or entity who offers programs of continuing education that must

be approved pursuant to the review process set forth in subsection 1 of NAC 641B.191.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R113-98, 1-13-99; R112-00, 1-17-2001)

      NAC 641B.057  “Psychotherapeutic methods and techniques” defined. (NRS 641B.160)  “Psychotherapeutic

methods and techniques” means the methods of treatment, including, without

limitation, the use of individual, couples, family and group therapy, that use

a specialized, formal interaction between a licensed clinical social worker and

a client in which a therapeutic relationship is established and maintained to:

     1.  Understand unconscious processes and

intrapersonal, interpersonal and psychosocial dynamics; and

     2.  Diagnose and treat mental, emotional and

behavioral disorders, conditions and addictions.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R142-08, 2-11-2009)

      NAC 641B.060  “Respondent” defined. (NRS 641B.160)  “Respondent”

means a person against whom any complaint is filed or investigation is

initiated.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.062  “Services that are culturally and linguistically appropriate”

defined. (NRS

641B.160)  “Services

that are culturally and linguistically appropriate” means any care or services

provided by a licensee that:

     1.  Are effective, understandable and

respectful; and

     2.  Within the limitations of any available

resources, are compatible with the client’s:

     (a) Cultural beliefs and practices; and

     (b) Preferred language of communication.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R122-06, eff. 7-14-2006)

      NAC 641B.063  “Social work services” defined. (NRS 641B.160)  “Social

work services” means the application of skills, knowledge, methods, principles

and techniques relating to social work in the licensed practice of social work.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R079-02, 1-9-2003)

      NAC 641B.065  “Social

worker” defined. (NRS 641B.160)  “Social

worker” means a licensed associate in social work or a person holding a license

or provisional license as a licensed social worker, a licensed independent

social worker or a licensed clinical social worker unless the context

specifically refers solely to a person licensed as a licensed social worker

pursuant to NRS 641B.220.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R112-00, 1-17-2001; R079-02, 1-9-2003)

      NAC 641B.068  Interpretation of term “all costs incurred by the Board relating

to the discipline of the person.” (NRS 641B.160, 641B.430)  As used

in NRS 641B.430, the Board

will interpret the term “all costs incurred by the Board relating to the

discipline of the person” to include, without limitation:

     1.  Attorney’s fees;

     2.  Hearing costs; and

     3.  Investigative fees and costs.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R079-02, eff. 1-9-2003)

      NAC 641B.069  Interpretation of terms used in NRS

641B.030. (NRS 641B.160)  As used

in NRS 641B.030, the Board

interprets:

     1.  “Administration” to mean one or more

methods used by those persons with administrative responsibility to plan and

achieve organizational goals that will enhance the ability of a client to

function physically, socially and economically.

     2.  “Case work” to mean a method to advocate,

plan, provide, evaluate, coordinate and monitor services from a variety of

resources on behalf of and in collaboration with a client.

     3.  “Community organization” to mean a

process of intervention to deal with social problems and to enhance the public

safety and welfare through planned collective action.

     4.  “Consultation” to mean a problem-solving

process in which expertise is offered to a client or colleague to assist in

learning how to solve problems and make decisions to enhance or restore the ability

of a client to function physically, socially and economically. The term

includes counseling and may be on a continuous, temporary or ad hoc basis.

     5.  “Group work” to mean an orientation and

method of social work intervention in which a small number of persons who share

similar problems convene and engage in activities designed to achieve certain

objectives.

     6.  “Planning” to mean the process of

specifying future objectives for a client, evaluating the means for achieving

those objectives and making deliberate choices with or for the client about the

appropriate course of action to achieve the objectives.

     7.  “Research” to mean systematic procedures

used in seeking facts or principles to assist clients in their ability to

enhance or restore their ability to function physically, socially and

economically.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R142-08, eff. 2-11-2009)

      NAC 641B.070  Severability. (NRS 641B.160)  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 provisions or applications to the extent that they can be given effect.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

LICENSING AND SUPERVISION

      NAC 641B.075  Evidence

of license. (NRS

641B.160)  Any

time a person engages in the practice of social work, the person shall carry

evidence that is satisfactory to the Board that he or she holds a license

issued by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R079-02, 1-9-2003)

      NAC 641B.080  Display of license. (NRS 641B.160)  A

licensee shall display prominently:

     1.  At the primary place of employment or

practice of the licensee, the license issued to him or her by the Board.

     2.  At all other places of employment or

practice of the licensee, a copy of the license issued to him or her by the

Board that has been certified as a true copy by a notary public.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R113-98, 1-13-99; R112-00, 1-17-2001)

      NAC 641B.082  Display of internship certificate. (NRS 641B.160)  An

internship certificate issued by the Board must be prominently displayed at all

times at each location approved by the Board for the internship.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99)

      NAC 641B.085  List of licensed persons; notice of change of address. (NRS 641B.130, 641B.160)

     1.  A copy of the list of names and

professional addresses of each person licensed pursuant to this chapter may be

obtained from the Board upon written request and payment of the cost of

reproduction.

     2.  Each licensee shall furnish the Board

with written notice of his or her home and professional address within 30 days

after moving.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; R112-00, 1-17-2001)

      NAC 641B.090  Application for licensure or renewal; conditions for waiver of

examination. (NRS

641B.160, 641B.202)

     1.  An application for licensure or renewal

must be submitted on a form provided by the Board.

     2.  For good cause, the Board may allow an

applicant to present material at its meeting in addition to the materials which

he or she has previously submitted to the Board.

     3.  By submitting an application, an

applicant grants the Board full authority to make any investigation or personal

contact necessary to verify the authenticity of, or to clarify an ambiguity in,

the matters and information stated within the application. If the Board so

requests, the applicant must supply to the Board information that will verify

the authenticity or clarify any ambiguity in the application.

     4.  An applicant for initial licensure must

submit to the Board to satisfy the requirements of NRS 641B.202:

     (a) Two sets of completed fingerprint cards;

     (b) Written authorization for the Board to forward

those cards to the Central Repository for Nevada Records of Criminal History

for submission to the Federal Bureau of Investigation for its report; and

     (c) 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.

     5.  If deemed necessary, the Board will

appoint a member of the Board or a designee to examine an application, take the

actions authorized pursuant to subsection 3 and make recommendations for the

Board’s action.

     6.  If deemed necessary, the Board will

require the personal appearance of the applicant.

     7.  For each application, the Board will:

     (a) Approve the application;

     (b) Defer action on the application pending the

receipt by the Board of additional information concerning the application; or

     (c) Deny the application.

     8.  The Board will waive the required

examination for an applicant if:

     (a) The applicant is not eligible for endorsement

pursuant to NAC 641B.126;

     (b) The applicant has passed an appropriate

examination in another state within the 6 months immediately preceding the date

on which he or she submits his or her application for licensure with the Board;

and

     (c) The examination that the applicant passed is

equivalent to the examination that the applicant would otherwise be required to

take pursuant to NAC 641B.105.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-8-95; R112-00, 1-17-2001; R079-02, 1-9-2003; R048-04, 5-25-2004;

R142-08, 2-11-2009)

      NAC 641B.095  Evidence of age, citizenship and entitlement to remain and work

in United States. (NRS 641B.160, 641B.200)

     1.  Except as otherwise provided in subsection

2, for the purposes of NRS

641B.200, the Board will accept as satisfactory evidence of:

     (a) The age of the applicant, a copy of his or her

birth certificate, passport, baptismal certificate, driver’s license or such

other documentation regarding age satisfactory to the Board. If the evidence

includes any order of a court or other legal document specifying a change of

name of the applicant or any form of identification that includes a photograph

of the applicant, a copy of the document or identification must be submitted to

the Board.

     (b) The citizenship of the applicant, a copy of his

or her birth certificate, passport, naturalization papers or such other

documentation regarding citizenship satisfactory to the Board.

     (c) The lawful entitlement of the applicant to

remain and work in the United States, a copy of documentation from the United

States Citizenship and Immigration Services of the Department of Homeland

Security evidencing the lawful entitlement of the applicant to remain and work

in the United States.

     2.  A birth certificate issued by a hospital

is not satisfactory evidence of the age or citizenship of the applicant.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-8-95; R122-06, 7-14-2006)

      NAC 641B.100  Evidence of education. (NRS 641B.160)

     1.  An applicant for licensure or provisional

licensure as:

     (a) A licensed social worker;

     (b) A licensed independent social worker; or

     (c) A licensed clinical social worker,

Ê must cause

the college or university from which he or she graduated to forward directly to

the Board a certified transcript of his or her educational course work which

sets forth the degree awarded.

     2.  A graduate of a foreign social work

program must:

     (a) Submit the appropriate forms and documentation

to the Council on Social Work Education for evaluation of foreign credentials;

and

     (b) If the Council on Social Work Education

determines that his or her foreign program was equivalent to a program that it

would accredit in the United States, submit to the Board a copy of his or her

transcript and cause the documentation from the Council on Social Work

Education to be submitted to the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; 11-8-95; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02,

1-9-2003)

      NAC 641B.105  Examinations. (NRS 641B.160, 641B.250)

     1.  An applicant for licensure as a licensed

social worker, licensed independent social worker or licensed clinical social

worker must pass a two-part examination consisting of:

     (a) The appropriate examination, as described in

subsection 2, given by the Association of Social Work Boards or another testing

administrator that has been approved by the Board; and

     (b) An examination given by the Board which tests

the knowledge of the applicant of the provisions of this chapter and chapter 641B of NRS and any other provisions

of NAC or NRS relevant to the practice of social work.

     2.  An applicant for licensure as:

     (a) A licensed social worker must pass the

Bachelors or Basic Examination of the Association of Social Work Boards if the

applicant holds a baccalaureate degree in social work as described in NRS 641B.220. If the applicant

holds a master’s degree in social work as described in NRS 641B.220, the applicant must

pass the Bachelors or Basic Examination or Masters or Intermediate Examination

of the Association of Social Work Boards.

     (b) A licensed independent social worker must pass

the Advanced Generalist or Advanced Examination of the Association of Social

Work Boards.

     (c) A licensed clinical social worker must pass the

Clinical Examination of the Association of Social Work Boards.

     3.  Except as otherwise provided in this

section, an applicant who is required to pass an examination pursuant to this

section must satisfy the Board that he or she possesses the necessary

requirements regarding age, citizenship, character, education and, if

applicable for the relevant license, supervisory experience before taking the

examination. A student of social work currently enrolled in his or her last

semester may take the examination before the award of his or her degree. For

the purposes of this subsection, “student of social work” means a person

enrolled in an undergraduate or graduate program of study leading to a degree

in social work from a college or university accredited by the Council on Social

Work Education or which is a candidate for such accreditation.

     4.  In addition to the requirements for

offering examinations set forth in NRS

641B.250, examinations will be offered as deemed appropriate by the Board

and as scheduled by the Association of Social Work Boards or another testing

administrator that has been approved by the Board.

     5.  A failed examination may be retaken 90

days after the failed examination. Thereafter, only one examination may be

taken every 6 months.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; 11-8-95; R112-00, 1-17-2001; R079-02, 1-9-2003; R142-08,

2-11-2009)

      NAC 641B.110  Expiration and renewal of license and provisional license. (NRS 641B.160, 641B.280, 641B.290)

     1.  Except for a provisional license issued

pursuant to NRS 641B.275:

     (a) An initial license will not become delinquent

less than 1 year after the date of issuance.

     (b) Except as otherwise provided in subsection 4,

after initial licensure, each license will become delinquent annually on the

last day of the month of birth of the licensee and will expire 60 days

thereafter.

     2.  Except as otherwise provided in this

subsection, an application for the renewal of a license must be completed on

forms supplied by the Board and submitted to the Board on or before the last

day of the month of birth of the licensee. An application for the renewal of a

provisional license issued pursuant to paragraph (b) of subsection 1 of NRS 641B.275 must be submitted to

the Board annually on or before the last day of the 12th month after the month

in which the license was initially issued, until the expiration of the 3-year

period of licensure set forth in NAC 641B.112 or

until the license is no longer valid pursuant to NAC

641B.112.

     3.  If an application for renewal and the

required fee are not postmarked on or before the last day of the month of birth

of the licensee, the license becomes delinquent. A licensee whose license

becomes delinquent or expires may not engage in the practice of social work

until the license has been renewed or restored, as applicable.

     4.  Except as otherwise provided in this

subsection, an application for renewal on which action is deferred pending the

receipt by the Board of additional information concerning the application will

expire if the additional information is not received by the Board within 21

days after the Board requests the additional information. The application will

not expire if the Board, upon written request by an applicant, allows

additional time as the Board deems reasonable and necessary to allow the

applicant to gather the requested information. The license to which such an

application pertains will not become delinquent or expire before the Board

approves or denies the application.

     5.  A person whose license has expired may,

within 3 years after the date on which the license expired, regain the right to

practice social work at the same level of licensure by applying for restoration

pursuant to NAC 641B.111. A person whose license

has expired and who, more than 3 years after the date on which it expired,

wishes to regain the right to practice social work at the same level of

licensure must apply for a license pursuant to NAC

641B.090 to 641B.105, inclusive.

     6.  If a licensee notifies the Board in

writing that the licensee will not renew his or her license and allows the

license to expire, the Board will not consider the license to be delinquent for

the purposes of NRS 641B.290.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; 10-25-93; 11-8-95; R113-98, 1-13-99; R112-00, 1-17-2001;

R079-02, 1-9-2003; R142-08, 2-11-2009)

      NAC 641B.111  Restoration of expired license. (NRS 641B.160, 641B.280, 641B.290)

     1.  An application for restoration of an

expired license must be completed on a form supplied by the Board and submitted

to the Board within 3 years after the date on which the license expired.

     2.  In addition to the requirements set forth

in NRS 641B.290 and except as

otherwise provided in subsection 3, an application for restoration of an

expired license must be accompanied by:

     (a) Evidence of the completion of all past

continuing education hours; and

     (b) Evidence that:

          (1) The appropriate examination for licensure

was passed by the applicant within the immediately preceding 15 years; or

          (2) The licensee has maintained an equivalent

license from another state in good standing.

     3.  After receiving an application for

restoration of an expired license, the Board may:

     (a) Grant an extension of not more than 6 months

for the completion of past continuing education hours; and

     (b) For good cause, waive the requirements of

subsection 2 regarding the examination and continuing education hours.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R112-00, 1-17-2001; R142-08, 2-11-2009)

      NAC 641B.112  Provisional license: Eligibility; validity; disciplinary action;

reinstatement or restoration; supervision of holder. (NRS 641B.160, 641B.275)

     1.  For purposes of paragraph (b) of

subsection 1 of NRS 641B.275:

     (a) An applicant must cause the college or

university to forward directly to the Board the evidence of enrollment.

     (b) The evidence of enrollment must include

evidence, that is satisfactory to the Board, of formal admission to the program

of study and of satisfactory progress toward the degree, indicating that the

applicant will be able to obtain the degree in social work within 3 years.

     2.  A provisional license issued pursuant to

paragraph (b) of subsection 1 of NRS

641B.275 is no longer valid:

     (a) If, upon request of the Board, the licensee

fails to cause the college or university to forward directly to the Board

evidence of enrollment that complies with subsection 1.

     (b) If the licensee fails to renew his or her

provisional license in a timely manner by:

          (1) Submitting to the Board the application

for renewal on a form supplied by the Board and the appropriate fee; and

          (2) Causing the college or university to

forward directly to the Board evidence of enrollment that complies with

subsection 1.

     (c) Three years after:

          (1) The initial issuance of the license; or

          (2) The licensee graduates from a program of

study leading to a degree in social work,

Ê whichever

occurs first.

     3.  A person is not eligible for the issuance

of a provisional license pursuant to paragraph (a) of subsection 1 of NRS 641B.275 if he or she has

failed the prescribed examination within 5 years immediately preceding the date

on which he or she submits his or her application.

     4.  A provisional license issued pursuant to

paragraph (a) of subsection 1 of NRS

641B.275 is no longer valid if:

     (a) The licensee fails the prescribed examination;

or

     (b) The provisional licensing period of 9 months

expires,

Ê whichever

occurs first.

     5.  The holder of a provisional license may

be subject to disciplinary action pursuant to NRS 641B.400, including, without

limitation, the revocation of his or her license.

     6.  A provisional license that has been

invalidated or revoked may not be reinstated or restored. A person who has

obtained a provisional license is not eligible for a second provisional

license.

     7.  The holder of a provisional license to

engage in social work, to engage in social work as a licensed independent

social worker or to engage in social work as a licensed clinical social worker

shall practice under the supervision of a licensed social worker who is:

     (a) Licensed pursuant to chapter 641B of NRS; and

     (b) Authorized pursuant to the provisions of chapter 641B of NRS to practice in the

setting in which the holder of the provisional license intends to practice.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 10-25-93; A by R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003;

R122-06, 7-14-2006)

      NAC 641B.115  Fees. (NRS 641B.160, 641B.300)  An

applicant must pay the following fees for licensure:

     1.  Licensed associate in social work:



     (a) Annual renewal of

license..............................................................................





                    $75







     (b) Restoration of

revoked license......................................................................





                    150







     (c) Restoration of

expired license.......................................................................





                    150







     (d) Renewal of

delinquent license......................................................................





                      40





     2.  Licensed social worker:



     (a) Initial

application...........................................................................................





                    $40







     (b) Initial issuance

of license...............................................................................





                      75







     (c) Annual renewal of

license..............................................................................





                      75







     (d) Restoration of

revoked license......................................................................





                    150







     (e) Restoration of

expired license.......................................................................





                    150







     (f) Renewal of

delinquent license.......................................................................





                      40







     (g) Endorsement

license without examination....................................................





                    100







     (h) Initial

issuance of provisional license............................................................





                    $75







     (i) Annual renewal of

provisional license............................................................





                      75





     3.  Licensed independent social worker and

licensed clinical social worker:



     (a) Initial

application...........................................................................................





                     $40







     (b) Initial issuance

of license...............................................................................





                     100







     (c) Annual renewal of

license..............................................................................





                     150







     (d) Restoration of

revoked license......................................................................





                     150







     (e) Restoration of

expired license.......................................................................





                     150







     (f) Renewal of

delinquent license.......................................................................





                       75







     (g) Endorsement

license without examination....................................................





                     100







     (h) Initial issuance

of provisional license............................................................





                       75





Ê If an

applicant applies for more than one type of license at one time, he or she will

be required to pay only one application fee.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; 10-25-93; 11-8-95; R113-98, 1-13-99; R079-02, 1-9-2003;

R142-08, 2-11-2009)

      NAC 641B.120  Payment and handling of fees and remittances; lapse of applications.

(NRS

641B.160)

     1.  Fees and remittances to the Board must be

made by a money order, bank draft or check payable to the Board. Remittances in

currency or coin are made wholly at the risk of the remitter, and the Board

assumes no responsibility for a loss thereof.

     2.  Payment in full of all required fees must

accompany each application for licensure or renewal.

     3.  The Board will establish bank accounts

necessary for handling of fees and remittances. The accounts will require for

the transaction of business the signature of:

     (a) Two members of the Board; or

     (b) Any member of the Board and the Executive

Director of the Board.

     4.  An application for licensure on which no

action has been taken by the applicant for 1 year after its receipt by the

Board will be considered by the Board to have lapsed. The Board will not refund

any fee related to an application which has lapsed.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; R113-98, 1-13-99)

      NAC 641B.124  Practice by electronic, telephonic or other means. (NRS 641B.160)  The

provision of social work services to a client within this State through any

means, including, without limitation, electronic means or by telephone,

regardless of the location of the social worker, constitutes the practice of

social work and is subject to the provisions of chapter 641B of NRS and any regulations

adopted pursuant to that chapter.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99)

      NAC 641B.126  Licensure by endorsement. (NRS 641B.160, 641B.270)

     1.  An applicant for licensure as a social

worker who holds, in another state, at least an equivalent license that is in

good standing to engage in the practice of social work as described in this

chapter and chapter 641B of NRS may

be licensed by endorsement by the Board to engage in the practice of social

work in this State by the Board without taking the examination prescribed by

the Board if:

     (a) The applicant provides evidence satisfactory to

the Board that the applicant has successfully passed the appropriate licensing

examination described in subsection 2 of NAC 641B.105

within the immediately preceding 15 years; or

     (b) The applicant:

          (1) Has successfully passed the appropriate

licensing examination described in subsection 2 of NAC

641B.105 or a substantially equivalent examination in the state in which

the applicant holds a license; and

          (2) Provides evidence satisfactory to the

Board that the applicant has held the license for at least 20 years and that at

least 50 percent of the practice of the applicant for the immediately preceding

10 years has been in the practice of social work.

     2.  An applicant for licensure as a clinical

social worker or an independent social worker who holds, in another state, at

least an equivalent license that is in good standing to engage in the practice

of social work as described in this chapter and chapter 641B of NRS may be licensed by

endorsement by the Board if the applicant provides evidence satisfactory to the

Board that the applicant completed, before July 1, 1990, at least 3,000 hours

of postgraduate social work supervised by a licensed mental health

practitioner.

     3.  An applicant for licensure by endorsement

must submit to the Board:

     (a) A written application on a form prescribed by

the Board;

     (b) The applicable fee;

     (c) Except as otherwise provided in subsection 4,

proof that the license issued by the other state or any other license or

credential issued to the applicant by another state:

          (1) Is currently valid and in good standing;

and

          (2) Has never been suspended, revoked or

otherwise restricted for any reason; and

     (d) Proof that the applicant is of good moral

character as it relates to the practice of social work.

     4.  If an applicant has had a license or

credential that was issued by another state suspended, revoked or otherwise

restricted for any reason, the Board will review and consider the specific facts

and circumstances surrounding the suspension, revocation or restriction and may

issue or decline to issue a license to an applicant based upon its review.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R122-06, 7-14-2006; R142-08, 2-11-2009)

      NAC 641B.131  “Degree in a related field” defined for purposes of qualifying

for license or provisional license. (NRS 641B.160, 641B.220, 641B.275)  As used

in NRS 641B.220 and 641B.275, “degree in a related

field” has the meaning ascribed to it in NAC 641B.028.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001)

      NAC 641B.140  Licensed independent social worker: Internship required for

licensure. (NRS

641B.160, 641B.230)

     1.  Except as otherwise provided in

subsection 2 of NAC 641B.126, an applicant for

licensure as a licensed independent social worker must complete an internship

consisting of not less than 3,000 hours of supervised, postgraduate social

work. Except as otherwise provided in subsections 2 and 3, the required work

must be:

     (a) Undertaken in a program that is approved by the

Board before the applicant begins the program. The program must include,

without limitation:

          (1) An examination, if deemed necessary by the

Board;

          (2) An appropriate setting, as determined by

the Board;

          (3) Supervision of the applicant by a

supervisor who has been approved by the Board; and

          (4) A plan of supervision that has been

approved by the Board.

     (b) Completed not earlier than 2 years or later

than 3 years after the Board approves the program. For good cause, the Board

will grant a specific extension of this period.

     (c) Conducted pursuant to the requirements and

standards set forth by the Board. For good cause, the Board will withdraw its

approval of a particular program.

     2.  Upon application to the Board by an

applicant who is currently a licensed social worker or a licensed associate in

social work, the Board will approve and accept for licensure supervised

postgraduate hours completed in an agency that provides social work services if

the applicant:

     (a) Has been continually licensed as a social

worker for the immediately preceding 10 years; and

     (b) Provides evidence satisfactory to the Board of

continuous supervision by a licensed social worker for at least 5 of the

immediately preceding 10 years.

     3.  An applicant who has completed 3,000

hours of supervised, postgraduate social work in another state may submit

evidence of the satisfactory completion of that work to the Board for its

consideration. The Board will approve that work and accept it for licensure if

the Board determines that the experience of the applicant is substantially

equivalent to the current standards established by the Board for those

applicants who complete their work in this State.

     4.  The following activities do not qualify

as supervised, postgraduate social work:

     (a) Instruction in techniques or procedures through

classes, workshops or seminars.

     (b) Orientational programs.

     (c) Practice which is not under the supervision of

an agency. The Board will consider a person to be under the supervision of an

agency if:

          (1) Each client who is served by the intern is

a client of the agency and that fact is clearly set forth on each contract,

release, agreement for financial reimbursement and billing statement which

relates to that client;

          (2) All records regarding clients belong to

the agency and the agency has provided for their confidentiality and

safekeeping;

          (3) The agency appoints a specific employee of

the agency to act as the board-approved supervisor of the intern, if such an

employee is available, or otherwise approves a nonemployee to do so;

          (4) The appointed supervisor reviews the work

of the intern in the manner required for supervisors of interns;

          (5) The appointed supervisor is granted

complete access to all records of the agency related to the practice of the

intern; and

          (6) Any compensation for the services of the

intern is provided directly by the agency.

     (d) Any other activity that the Board determines is

not within the scope of the practice of social work.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; 10-25-93; R113-98, 1-13-99; R079-02, 1-9-2003; R142-08,

2-11-2009)

      NAC 641B.150  Licensed clinical social worker: Internship required for

licensure. (NRS

641B.160, 641B.240)

     1.  An applicant for licensure as a licensed

clinical social worker must complete an internship consisting of not less than

3,000 hours of supervised, postgraduate clinical social work. Except as

otherwise provided in subsection 3, the required work must be:

     (a) Undertaken in a program that is approved by the

Board before the applicant begins the program. The program must include,

without limitation:

          (1) An examination, if deemed necessary by the

Board;

          (2) An appropriate setting, as determined by

the Board;

          (3) Supervision of the applicant by a

supervisor who has been approved by the Board; and

          (4) A plan of supervision that has been

approved by the Board.

     (b) Completed not earlier than 2 years or later

than 3 years after the Board approves the program. For good cause, the Board

will grant a specific extension of this period.

     (c) Conducted pursuant to the requirements and

standards set forth by the Board. For good cause, the Board will withdraw its

approval of a particular program.

     2.  At least 2,000 hours of the supervised,

postgraduate clinical social work required by subsection 1 must be in the area

of psychotherapeutic methods and techniques to persons, families and groups to

help in the diagnosis and treatment of mental and emotional conditions. Unless

otherwise approved by the Board, an average of 25 hours per week, not to exceed

325 hours in each quarter, of postgraduate hours in the use of

psychotherapeutic methods and techniques will be accepted toward satisfying

this requirement. The remaining hours required by subsection 1 may be completed

in other areas of clinical social work.

     3.  An applicant who has completed 3,000

hours of supervised, postgraduate clinical social work in another state within

the immediately preceding 10 years may submit to the Board for its

consideration evidence of the satisfactory completion of that work and

documentation that his or her supervisor was a clinical social worker and was

qualified to supervise in that state. The Board will approve that work and

accept it for licensure if the Board determines that the experience of the

applicant is substantially equivalent to or exceeds the current standards

established by the Board for those applicants who complete their work in this

State.

     4.  The following activities do not qualify

as supervised, postgraduate clinical social work:

     (a) Instruction in techniques or procedures through

classes, workshops or seminars.

     (b) Orientational programs.

     (c) Role-playing as a substitute for actual social

work.

     (d) Psychotherapy of the intern himself or herself.

     (e) Except as otherwise provided in subsection 5,

practice which is not under the supervision of an agency. The Board will

consider a person to be under the supervision of an agency if:

          (1) Each client who is served by the intern is

a client of the agency and that fact is clearly set forth on each contract,

release, agreement for financial reimbursement and billing statement which

relates to that client;

          (2) All records regarding clients belong to

the agency and the agency has provided for their confidentiality and

safekeeping;

          (3) The agency appoints a specific employee of

the agency to act as the board-approved supervisor of the intern, if such an

employee is available, or otherwise approves a nonemployee to do so;

          (4) The appointed supervisor reviews the work

of the intern in the manner required for supervisors of interns;

          (5) The appointed supervisor is granted

complete access to all records of the agency related to the practice of the

applicant; and

          (6) Any compensation for the services of the

intern is provided directly by the agency.

     (f) Any other activity that the Board determines is

not within the scope of the practice of clinical social work.

     5.  Any supervised, postgraduate clinical

social work completed before January 1, 1990, by an applicant who holds an

equivalent license from another state that is in good standing to engage in the

practice of clinical social work as described in this chapter and chapter 641B of NRS is not required to

be completed under the supervision of an agency if the Board determines that:

     (a) There is good cause for waiving the requirement

that the practice be under the supervision of an agency; and

     (b) The experience of the applicant is

substantially equivalent to or exceeds the current standards established by the

Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; 10-25-93; R113-98, 1-13-99; R079-02, 1-9-2003; R048-04,

5-25-2004; R142-08, 2-11-2009)

      NAC 641B.155  Supervisors of interns: Generally. (NRS 641B.160)

     1.  To become a supervisor of an intern, a

person must:

     (a) Be approved by the Board to serve as the

supervisor of an intern.

     (b) Be a licensed independent social worker or a

licensed clinical social worker if supervising an intern who is seeking a

license as a licensed independent social worker, or be a licensed clinical

social worker if supervising an intern who is seeking a license as a licensed

clinical social worker.

     (c) Have at least 3 years of experience as a

licensed clinical social worker or licensed independent social worker or have

equivalent experience acceptable to the Board.

     (d) Demonstrate to the Board that his or her

current practice:

          (1) If he or she is supervising an intern who

is seeking a license as a licensed independent social worker, consists of not

less than 15 hours per month of independent practice.

          (2) If he or she is supervising an intern who

is seeking a license as a licensed clinical social worker, consists of not less

than 15 hours per month of clinical practice in the area of psychotherapeutic

methods and techniques.

Ê The Board may

waive the requirements of this paragraph if the Board determines that there is

good cause, including, without limitation, practice within the last 2 years

which is equivalent to the requirements of this paragraph.

     (e) If deemed necessary by the Board, successfully

complete a written examination.

     (f) If deemed necessary by the Board, successfully

complete any training specified by the Board.

     2.  A person will not be approved as a

supervisor of an intern if he or she is subject to an order issued by the Board

for disciplinary action.

     3.  A supervisor shall not:

     (a) Reside with the intern, have an intimate

personal relationship with the intern or be related to the intern by blood or

marriage;

     (b) Have had the intern as a client;

     (c) Have had the intern as a supervisor; or

     (d) Supervise more than three interns at one time

without prior approval from the Board.

     4.  The Board will maintain a list of persons

who have been approved by the Board to supervise interns and will provide, upon

request, a copy of the list to any person who is applying to become an intern.

     5.  Each agreement pursuant to which a

supervisor agrees to supervise an intern and each plan of supervision setting

forth the requirements of NAC 641B.160 must be

submitted to the Board for its approval. The Board will, when it deems the

limitation appropriate, disapprove a proposal for the supervision of a

particular intern by a particular supervisor.

     6.  A supervisor shall keep a record of the

internship program which must include, without limitation, the content of

meetings and a description of supervisory activities. Such a record must be

kept for a minimum of 5 years after the termination of the internship program.

     7.  The Board will not recognize time spent

by an intern:

     (a) Under the supervision of a person who has not

been approved by the Board to supervise interns; or

     (b) In an arrangement covered by an agreement

relating to the supervision of the intern which has not been approved by the

Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; 5-15-92; 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001;

R079-02, 1-9-2003; R142-08, 2-11-2009)

      NAC 641B.160  Supervisors of interns: Duties; additional internship hours if

required; withdrawal of approval to supervise; reapplication for approval. (NRS 641B.160)

     1.  A supervisor of an intern is responsible

for the practice of social work by the intern.

     2.  A supervisor of an intern shall ensure

that:

     (a) The work of the intern is conducted in an

appropriate professional setting;

     (b) The work of the intern is consistent with the

standards of the profession;

     (c) The intern is assisted with the development of

his or her professional identity;

     (d) The intern has gained the skills required to

manage his or her practice;

     (e) The intern has gained the skills required for

continuing competency;

     (f) The intern has gained knowledge of the laws and

regulations applicable to the practice of social work;

     (g) The intern is familiar with the current

literature concerning those areas of social work relevant to his or her area of

practice; and

     (h) The intern provides services that are

culturally and linguistically appropriate.

     3.  A supervisor of an intern shall:

     (a) Meet in person with the 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 intern in his or her practice;

     (b) Unless waived by the Board for good cause, if

the intern practices social work at a site at which the supervisor does not

practice social work, visit the site at least once every month and as necessary

consult with the on-site supervisor regarding the practice of social work by

the intern;

     (c) Prepare and submit to the Board quarterly

reports and a final report, unless the Board specifically directs a different

schedule or frequency for the reports, on forms provided by the Board,

concerning the progress of the intern in his or her practice; and

     (d) Be available to consult with the Board

concerning the record, competence in practice, emotional and mental stability

or professional and ethical conduct of the intern.

     4.  Not more than 24 hours of the total

supervision of the intern may be in the form of group supervision.

     5.  A supervisor of an intern shall analyze

the performance of an intern through information obtained from:

     (a) Observation or participation in the practice of

the intern;

     (b) The notes of the intern; and

     (c) Process recordings prepared by the intern.

     6.  The Board will, if it deems appropriate,

require additional hours of internship and supervision for an intern who fails

to demonstrate the degree of competency expected at the end of an internship.

     7.  The Board will, if it deems it

appropriate, withdraw its approval of a person to supervise a particular intern

or any intern if the supervisor:

     (a) Fails to supervise an intern adequately;

     (b) Fails to comply with each applicable provision

of a statute or regulation;

     (c) Fails to submit acceptable reports as required

in paragraph (c) of subsection 3 regarding the progress of each intern under

his or her supervision;

     (d) Without good cause or approval by the Board,

fails to submit two consecutive reports as required pursuant to paragraph (c)

of subsection 3;

     (e) Fails to complete the training required by the

Board pursuant to subsection 1 of NAC 641B.155; or

     (f) Becomes subject to an order issued by the Board

for disciplinary action.

     8.  A person whose approval to supervise an

intern has been withdrawn by the Board because he or she is subject to an order

issued by the Board for disciplinary action may reapply for approval to

supervise an intern after satisfactorily completing the requirements of the

order.

     9.  If the Board withdraws its approval of

the person supervising an intern, the intern may apply to the Board for the:

     (a) Assignment of another approved supervisor; and

     (b) Approval of a new internship agreement and plan

of supervision.

     10.  As used in this section, “process

recording” means a written record of an interaction with a client.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89; 5-15-92; 10-25-93; 4-27-94; R113-98, 1-13-99; R112-00,

1-17-2001; R122-06, 7-14-2006; R142-08, 2-11-2009)

      NAC 641B.165  Supervisors of interns: Requirements for provision or

continuation of supervision. (NRS 641B.160)  A

supervisor of an intern may agree to provide or continue the supervision of an

intern only if he or she believes that the intern:

     1.  Will qualify for licensure pursuant to chapter 641B of NRS;

     2.  Is achieving the competence necessary to

practice in social work or clinical social work; and

     3.  If licensed, will uphold the professional

and ethical standards of the practice of social work.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R142-08, 2-11-2009)

      NAC 641B.170  Supervisors of interns: Agreement for fee. (NRS 641B.160)  A

supervisor of an intern and his or her intern may, by agreement, establish a

fee, if any, to be paid by the intern to the supervisor for supervising the

intern’s practice.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

CONTINUING EDUCATION

      NAC 641B.187  Prerequisites and requirements for renewal of license; grounds

for disciplinary action. (NRS 641B.160, 641B.280)

     1.  Except as otherwise provided in

subsections 4 and 5, to renew his or her license:

     (a) A licensee who is a licensed associate in

social work or a licensed social worker must complete at least 30 continuing

education hours every 2 years, of which:

          (1) Two hours must relate to ethics in the

practice of social work, including, without limitation, issues addressing

professional boundaries, confidentiality or dual relationships within that

practice; and

          (2) Unless otherwise approved by the Board, 10

hours must be in the field of practice of the licensee; and

     (b) A licensee who is a licensed clinical social

worker or licensed independent social worker must complete at least 36 hours of

continuing education every 2 years, of which:

          (1) Three hours must relate to ethics in the

practice of social work, including, without limitation, issues addressing

professional boundaries, confidentiality or dual relationships within that practice;

and

          (2) Unless otherwise approved by the Board, 12

hours must be in the field of practice of the licensee.

     2.  To fulfill the continuing education

requirements of this section, the continuing education hours for all classes of

licensure must be completed in programs of continuing education approved by the

Board that maintain, improve or enhance the knowledge and competency of a

licensee in the practice of social work.

     3.  Upon the request of the licensee, the

Board may waive the continuing education requirements of this section for a

licensee who is at least 70 years of age and is retired from the practice of

social work.

     4.  The Board may renew the license of a

licensee who fails to complete 30 continuing education hours during a 2-year

period if it finds good cause to do so.

     5.  The Board will renew the license of a

licensee during the period in which he or she is enrolled in a program leading

to:

     (a) A baccalaureate or master’s degree in social

work from a college or university that is accredited by or is a candidate for

accreditation by the Council on Social Work Education; or

     (b) A doctoral degree in social work,

Ê and for one

renewal period after graduation from the program. Before renewing the license,

proof of enrollment or graduation within the past 2 years must be submitted to

the Board by the licensee.

     6.  If the Board renews the license of a

licensee pursuant to subsection 4, it may require the licensee to complete not

more than 30 additional continuing education hours during the next 2-year

period.

     7.  A licensee may not take a program of

continuing education which presents the same material he or she took during the

previous 2-year period.

     8.  A licensee is subject to disciplinary

action if he or she:

     (a) Within 30 days after receiving a request from

the Board, fails to provide to the Board information of his or her

participation in a program of continuing education; 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 Social Workers,

eff. 11-28-89; A 5-15-92; 10-25-93; 11-8-95; R113-98, 1-13-99; R112-00, 1-17-2001;

R079-02, 1-9-2003; R122-06, 7-14-2006; R142-08, 2-11-2009)

      NAC 641B.188  Affidavit of completion: Submission; verification of

authenticity. (NRS

641B.160, 641B.280)

     1.  Except as otherwise provided in

subsections 4 and 5 of NAC 641B.187, every other

application for renewal of a license must be accompanied by an affidavit

evidencing the completion of at least 30 continuing education hours during the

2 years immediately preceding the date of the application.

     2.  The Board will randomly select affidavits

to verify the authenticity of the information contained therein.

     3.  Each licensee shall maintain sufficient

documentation which verifies the information set forth in the affidavit for at

least 3 years. The inability to provide evidence supporting the information in

the affidavit subjects the licensee to disciplinary action.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 10-25-93; R142-08, 2-11-2009)

      NAC 641B.189  Approval of program by Board; acceptable forms of program;

unacceptable courses and programs. (NRS 641B.160, 641B.280)

     1.  A program of continuing education that

demonstrates the knowledge and competency of a licensee must be approved by the

Board. Except as otherwise provided in this subsection, to obtain the approval

of the Board, a continuing education program must be limited in time, be interactive

and provide independent verification that the licensee has successfully

completed the program. A continuing education program that is not limited in

time or interactive may be approved by the Board if the program meets specific

criteria set forth by the Board. A continuing education program may be in the

form of:

     (a) Workshops or conferences, including, without

limitation, teleconferences;

     (b) Distance learning courses;

     (c) Home study courses;

     (d) A self-directed learning program which has been

approved by the Board before the licensee begins the program;

     (e) Publication of an article or paper by the

licensee in a professional journal or other publication that is approved by the

Board;

     (f) A one-time presentation, not to exceed 15

hours, of an academic course, in-service training workshop or seminar by the

licensee;

     (g) Successful completion of an academic course of

instruction at a regionally accredited college or university;

     (h) Attendance by the licensee at a workshop or

public hearing conducted by the Board; or

     (i) Any other kind of program or course if the

Board has, at the request of the licensee wishing to take the program or course

as continuing education, approved the program or course as a program of

continuing education.

     2.  A licensee may apply, if licensed as a

licensed associate in social work or a licensed social worker, for not more

than 15 hours of continuing education credit or, if licensed as a licensed

independent social worker or a licensed clinical social worker, for not more

than 18 hours of continuing education credit for distance learning courses,

home study courses and self-directed learning programs during a 2-year period,

except that the Board may approve additional hours of such continuing education

if the licensee can demonstrate good cause for the approval of the additional

hours.

     3.  A licensee may apply, if licensed as a

licensed associate in social work or a licensed social worker, for not more

than 2 hours of continuing education credit or, if licensed as a licensed

independent social worker or a licensed clinical social worker, for not more

than 4 hours of continuing education credit relating to ethics for any period

in which the licensee serves as a member of a committee or board of review

that:

     (a) Considers issues or applies any policy, law or

regulation relating to ethics; and

     (b) Is approved by the Board.

     4.  The following courses and programs will

be deemed unacceptable as a program of continuing education:

     (a) An orientation program for new employees.

     (b) An on-the-job training program presented by an

agency whose primary purpose is to disseminate information on the policy or

procedure of the agency.

     (c) A home study course that includes audio or

video tapes which is not interactive, which is not limited by time and for

which there is no independent verification of successful completion.

     (d) A program for self-improvement.

     (e) A distance learning course which is not

interactive, which is not limited by time and for which there is no independent

verification of successful completion.

     (f) A self-directed learning program:

          (1) Which is not interactive, which is not

limited by time and for which there is no independent verification of

successful completion; or

          (2) Which covers the same material as a previous

program approved for the licensee for self-directed learning or which is not

preapproved by the Board.

     5.  As used in this section, “interactive”

means any two-way communication in which each participant in the communication

is able to interact in a manner which elicits or may elicit a response from a

provider or any other participant in that communication. The term includes,

without limitation, any discussion or homework. The term does not include any

test that is conducted before or after a program of continuing education.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R113-98, 1-13-99; R079-02, 1-9-2003; R122-06, 7-14-2006;

R142-08, 2-11-2009)

      NAC 641B.190  Approval: General requirements. (NRS 641B.160, 641B.280)

     1.  Before the Board approves a course or

program, the Board must be satisfied that the course or program:

     (a) Will be taught by a competent instructor as

demonstrated by his or her educational, professional and teaching experience,

unless the course or program is proposed by a licensee pursuant to subsection 2

of NAC 641B.192 and does not include the use of an

instructor;

     (b) Contains current and relevant educational

material concerning social work, is applicable to the practice of social work,

and will enhance the knowledge and competency of a licensee in the practice of

social work;

     (c) Is of professional quality;

     (d) Is appropriately designed for instructional

purposes;

     (e) Is supported entirely or partially by evidence

that is based on research; and

     (f) Includes a written evaluation of the content

and presentation of the course or program and its relevance to the practice of

social work for each licensee to complete.

     2.  A course or program presented in the form

of lectures, seminars, workshops, academic courses at an institution of higher

education, correspondence courses through an accredited college or university

which do not lead to a degree, and on-the-job training programs offered by an

agency shall be deemed “appropriately designed for instructional purposes,” as

that term is used in subsection 1. The provider is responsible for the format

and presentation of the courses or programs and may restrict the format in

which the material is presented unless otherwise required by the Board.

     3.  The subject matter of a course or program

which addresses one or more of the following areas:

     (a) Theories or concepts of human behavior and the

social environment;

     (b) Social work methods of intervention and

delivery of services;

     (c) Social work research, including, without

limitation, the evaluation of programs or practices;

     (d) Management, administration or social policy;

     (e) Social work ethics;

     (f) Services that are culturally and linguistically

appropriate;

     (g) Social work theories or concepts of addictions

in the social environment; or

     (h) Other areas directly related to the field of

practice of the licensee,

Ê shall be

deemed to reflect “current and relevant educational material concerning social

work” and be “applicable to the practice of social work,” as those terms are

used in subsection 1.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003;

R122-06, 7-14-2006; R142-08, 2-11-2009)

      NAC 641B.191  Approval: Application by provider; action by Board; provider to

submit quarterly reports; request for reconsideration of denial. (NRS 641B.160, 641B.280)

     1.  Unless a provider has achieved the status

as an approved provider of continuing education pursuant to subsection 2, a

provider requesting approval of a course or program must, for each course or

program, submit to the Board an application containing the information required

by the Board. The Board will notify the provider whether the course or program

has been approved or denied within 30 days after receipt of the completed

application for approval by the Board. If the Board approves the course or

program, the notice of approval will state the number of continuing education

hours for which the course or program is approved. Approval of the course or

program will:

     (a) Be given for a particular presentation or

series of presentations; or

     (b) Expire on a specific date set forth in the

notice of approval.

     2.  A provider may apply to the Board for

status as an approved provider of continuing education. Upon receipt of

sufficient evidence that the provider possesses the consistent ability to

provide professional-quality programs of continuing education and that it

employs or consults with a social worker who is licensed in any jurisdiction

and has at least 3 years’ experience to review each course or program that will

be provided by the approved provider for its compliance with NAC 641B.190, the Board will grant status as an

approved provider of continuing education. An approved provider of continuing

education shall, within 30 days after the end of each calendar quarter, submit

to the Board a report that lists the title, summary, dates and number of

credits assigned to each course or program it offered in the previous quarter.

The Board may investigate the contents of any course or program listed in the

quarterly report. The Board may withdraw the status of a provider as an

approved provider of continuing education if the Board determines that the

provider no longer possesses the qualifications of this subsection and gives

the provider 30 days’ notice. A provider may reapply for status as an approved

provider of continuing education at any time.

     3.  If the Board denies approval of a course

or program or denies or withdraws status as an approved provider of continuing

education, the applicant may, within 30 days after receiving notice of the

denial or withdrawal, request in writing that the Board reconsider its

decision.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 5-15-92; 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02,

1-9-2003)

      NAC 641B.192  Approval: Application by licensee; request for approval for

credit of program created and directed by licensee. (NRS 641B.160, 641B.280)

     1.  A licensee may request the approval of a

course or program which has not been submitted for:

     (a) Approval by a provider; or

     (b) Approval pursuant to subsection 2,

Ê by submitting

to the Board an application containing the information required by the Board

for its review pursuant to NAC 641B.190. The

course or program is subject to the same criteria used to evaluate the course

or program submitted by a provider seeking approval.

     2.  A licensee may apply for approval for

credit of a program of study or activities that is created and directed by the

licensee. The application must include information or materials demonstrating

that the program will meet the requirements set forth in NAC 641B.190, the nature of the studies or

activities, the degree of interaction with instructors or colleagues that is

expected, if any, and the date for completing the program. A licensee may apply

for credit pursuant to this subsection for not more than 7.5 hours for a 2-year

period, unless the Board finds that the licensee demonstrated, in his or her

initial application, that he or she has good cause for the approval of

additional hours. The Board will not approve an application that includes

studies or activities that are being completed as a part of the primary job

duties of the licensee or the requirements for a class in which the licensee is

enrolled. To receive credit for completing a program approved pursuant to this

subsection, the licensee must, after completion of the program, submit

documentation, satisfactory to the Board, that he or she achieved the learning

objectives set forth in the application.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 11-9-92; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003)

      NAC 641B.193  Complaint regarding program of continuing education or provider:

Investigation by Board; denial or withdrawal of approval. (NRS 641B.160, 641B.280)

     1.  If the Board receives a complaint

regarding a course or program of continuing education or a provider, the Board

will investigate the complaint. The investigation may include, without

limitation:

     (a) Requesting a written response from the

provider; and

     (b) Reviewing all relevant documents.

     2.  If a provider does not submit a response

to a request made pursuant to paragraph (a) of subsection 1, the Board may deny

approval of any future programs submitted by the provider.

     3.  As a result of a complaint regarding a

program of continuing education or a provider or on its own motion, the Board

will deny or withdraw approval of the course or program if it finds that:

     (a) The course or program of continuing education

is not in the best interest of the licensee; or

     (b) The provider of the course or program:

          (1) Fails to furnish any material as advertised;

          (2) Engages in any misleading, deceptive or

unethical business or professional practice;

          (3) Fails to furnish any material required by

law; or

          (4) Fails to comply with any provision of chapter 641B of NRS or any regulation

adopted pursuant to that chapter.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A 5-15-92; 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02,

1-9-2003; R142-08, 2-11-2009)

      NAC 641B.194  Providers: Maintenance of records; issuance of certificates of

completion. (NRS

641B.160, 641B.280)  Each

provider shall:

     1.  Keep records of:

     (a) Each licensee who participates in the program;

     (b) The program attended by each licensee; and

     (c) The number of continuing education hours

completed by each licensee.

     2.  Maintain the records for 3 years after

completion of the program.

     3.  Furnish each licensee who completes a

program of continuing education with a certificate that sets forth:

     (a) The name of the licensee;

     (b) The name of the provider of the program;

     (c) The title of the program;

     (d) The number of continuing education hours

assigned to the program by the Board;

     (e) The date and location of the program; and

     (f) The original signature of the provider.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R113-98, 1-13-99; R112-00, 1-17-2001)

      NAC 641B.195  Providers: Submission of information to Board. (NRS 641B.160, 641B.280)  Within

30 days after presenting a program of continuing education, the provider shall

transmit to the Board:

     1.  The title of the program.

     2.  The date, time and location of the

program.

     3.  The names and total number of licensees

completing the program.

     4.  The number of continuing education hours

assigned to the program by the Board.

     5.  The approval number assigned to the

program by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 11-28-89; A by R113-98, 1-13-99; R079-02, 1-9-2003)

STANDARDS OF PRACTICE

      NAC 641B.200  Professional responsibility. (NRS 641B.160)

     1.  The status of a licensee must not be used

to support any claim, promise or guarantee of successful service, nor may the

license be used to imply that the licensee has competence in another

profession.

     2.  A licensee shall not misrepresent,

directly or by implication, his or her own professional qualifications,

competency, affiliations and licenses, or those of the institutions and

organizations with which he or she is associated. A licensee shall provide

accurate information concerning his or her credentials, education, training and

experience upon request from a client or potential client.

     3.  If a licensee holds more than one occupational

license, he or she shall disclose to his or her client orally and in writing

the type of practice of social work in which the licensee is engaged and which

of the licenses apply to the practice of social work the licensee is providing

to that client. If a licensee is engaged in a practice that is not the practice

of social work, the licensee shall disclose to the client orally and in writing

the type of practice in which the licensee is engaged and that the practice is

not within the scope of the practice of social work. If the licensee fails to

disclose to the client that the practice in which the licensee is engaged is a

practice other than the practice of social work, the Board, in evaluating

whether the licensee is in compliance with the standards of professional

responsibility, will presume that the practice in which the licensee was

engaged was intended to be the practice of social work.

     4.  A licensee shall not engage in the

practice of social work while:

     (a) The licensee is impaired by alcohol, drugs or

any other chemical; or

     (b) The licensee is impaired by a mental or

physical condition that prevents him or her from practicing safely.

     5.  A licensee shall not use his or her

relationship with a:

     (a) Client;

     (b) Person with significant personal ties to a

client, whether or not related by blood; or

     (c) Legal representative of the client,

Ê to further

his or her own personal, religious, political or business interests.

     6.  A licensee is responsible for setting and

maintaining professional boundaries with:

     (a) Each client;

     (b) Each person with significant personal ties to a

client, whether or not related by blood;

     (c) The legal representative of the client;

     (d) Each intern; and

     (e) Persons who are supervised by the licensee.

     7.  Except as otherwise provided by law, a

licensee shall not give or receive, directly or indirectly, a fee, commission,

rebate or other compensation for professional services that the licensee has

not actually and personally rendered. If a licensee is supervising the work of

an intern or employee, any billing or documentation of the work must clearly

show that the licensee supervised the work and did not personally render

services.

     8.  A licensee shall not knowingly offer

service to a client who is receiving treatment from another licensee without

prior consultation between the client and the other licensee.

     9.  Except as otherwise provided in

subsection 13, a licensee shall not disparage the qualifications of any

colleague.

     10.  A licensee shall not attempt to

diagnose, prescribe for, treat or advise on any problem outside his or her

field of competence. Except as otherwise provided in this subsection, a

licensee shall not assume duties and responsibilities within the practice of

social work if he or she cannot perform the services competently. A licensee

may assume duties and responsibilities within the practice of social work for

which he or she cannot currently perform the services competently if he or she

prepares a reasonable written plan demonstrating the manner in which he or she

will acquire the competence necessary to perform the services competently. Such

a plan must be completed under the supervision of or with the consultation of a

professionally qualified person who can demonstrate competency in the area of

study. A copy of a plan prepared pursuant to this subsection must be provided

to the Board upon request by the Board.

     11.  A licensee shall base his or her

practice upon recognized knowledge relevant to social work.

     12.  A licensee shall critically examine and

keep current with emerging knowledge relevant to social work.

     13.  A licensee shall report to the Board any

unlicensed, unauthorized, unqualified or unethical practice of social work.

     14.  Based upon recognized knowledge and

standards of practice for social work, a licensee shall prepare and maintain in

a timely manner a record regarding each of his or her clients which:

     (a) Sets forth his or her assessment of the

problems, issues or concerns of the client, the course of treatment or plan of

care for the client and the scope of the licensee’s services to that client,

including, without limitation, any interventions, consultations or mandated

reporting; and

     (b) Includes, without limitation, copies of:

          (1) All documents relating to the informed

consent of the client;

          (2) All documents relating to the release of

information regarding the client;

          (3) A record of each contact with the client

which includes the date and time of the contact; and

          (4) All other documents required by law or

legal documents regarding the client.

     15.  A licensee shall not:

     (a) Inaccurately record, falsify or otherwise alter

or destroy any client’s records unless specifically authorized by law.

     (b) Falsify billing records.

     (c) Bill for services not rendered or supported by

documentation.

     (d) Refuse to release a client’s records upon

request by the client unless otherwise specifically authorized by law.

     16.  A licensee shall maintain each client’s

records for at least 10 years unless otherwise specifically authorized by law.

     17.  A licensee shall adequately complete and

submit to the Board any reports required pursuant to chapter 641B of NRS, any regulations

adopted pursuant to that chapter and any order, rule or instruction of a court

of competent jurisdiction in a timely manner.

     18.  A licensee shall comply with all the

provisions of the statutes and regulations governing the practice of social

work that are set forth in this chapter and chapter 641B of NRS. A licensee shall

comply with any state or federal law or regulation that is relevant to the

practice of social work.

     19.  A licensee shall not authorize a person

under the supervision of the licensee to perform services outside of the level

of licensure, training or experience of the person who is supervised or allow

that person to hold himself or herself out as having expertise in a field in

which he or she is not qualified.

     20.  A licensee shall not order or knowingly

allow a person under the supervision of the licensee to engage in any illegal

or unethical act related to social work.

     21.  A licensee shall notify the Board in

writing within 21 days after:

     (a) An action is taken against a license,

certification, registration or credential of the licensee issued by any state

or territory of the United States;

     (b) A criminal charge is filed against the

licensee;

     (c) The licensee is charged with or convicted of a

criminal offense, other than a misdemeanor traffic offense;

     (d) A civil action, including, without limitation,

an action for malpractice, is filed against the licensee for any act relating

to the practice of social work;

     (e) A settlement or judgment in a civil action, including,

without limitation, an action for malpractice, is filed against the licensee

for any act relating to the practice of social work;

     (f) The licensee has been placed in a diversionary

program; or

     (g) The licensee has entered into a program for the

treatment of the abuse of a controlled substance or alcohol or a program for

the treatment of any other impairment.

     22.  A licensee shall not supervise any

person who engages in the practice of social work if that person has not

satisfied the appropriate requirements for licensure pursuant to this chapter

and chapter 641B of NRS.

     23.  A licensee shall not provide any

services, including, without limitation, any diagnosis, therapeutic counseling,

therapy or other clinical services, to an intern or other person over whom the

licensee has administrative, educational or supervisory authority.

     24.  A licensee shall not knowingly obstruct

an investigation conducted by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; 11-9-92; 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001;

R079-02, 1-9-2003; R048-04, 5-25-2004; R122-06, 7-14-2006; R142-08, 2-11-2009)

      NAC 641B.205  Responsibility to client. (NRS 641B.160)

     1.  A licensee shall practice social work

with professional skill and competence.

     2.  If a licensee must act on behalf of a

client who has been declared incompetent or otherwise found by the Board to be

incapable of acting in his or her own best interest, the licensee 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 licensee shall deal

with that person in accordance with the best interests of the client.

     4.  A licensee shall not practice, condone,

facilitate or collaborate with any form of discrimination on the basis of race,

color, sex, sexual orientation, age, religion, national origin, social,

economic, health or marital status, political belief, diagnosis, mental or

physical disability, or any preference or personal characteristic, condition or

status.

     5.  A licensee shall not misrepresent to a

client the efficacy of his or her service or the results to be achieved.

     6.  A licensee shall apprise his or her

clients of the risks, rights, opportunities and obligations, financial or

otherwise, associated with the provision of social work services to them.

     7.  A licensee shall seek advice and counsel

of colleagues and supervisors whenever it is in the best interest of the

client. A licensee shall collaborate with other colleagues as necessary to meet

the needs or interests of the client.

     8.  A licensee 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 or interests

of the client.

     9.  A licensee shall not withdraw his or her

social work 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 licensee who anticipates the

termination or interruption of service to a client shall notify the client

promptly and seek the transfer, referral or continuation of service in relation

to the needs and preferences of the client.

     11.  Except as otherwise provided in

subsection 12, a licensee shall not influence or attempt to influence a:

     (a) Client;

     (b) Person with significant personal ties to a

client, whether or not related by blood; or

     (c) Legal representative of the client,

Ê in any manner

which could reasonably be anticipated to result in the licensee deriving

benefits of an unprofessional nature during the time that the client is

receiving professional services and for 2 years after the termination of the

services.

     12.  A licensee shall not engage in sexual

activity with a client during the time that the client is receiving

professional services and for 3 years after the termination of the professional

relationship.

     13.  A licensee shall not solicit or enter

into a dual relationship with a client, intern or person who is supervised by

the licensee:

     (a) During the time that the client is receiving

professional services from, or the intern or person is being supervised by, the

licensee; and

     (b) For at least 2 years after the termination of

the professional relationship, internship or period of supervision.

     14.  A licensee shall not cause a client

physical, mental or emotional harm by taking direct or indirect actions or

failing to take appropriate actions.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; 10-25-93; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02,

1-9-2003)

      NAC 641B.210  Confidentiality of records. (NRS 641B.160)

     1.  Records showing a client’s problems and

the scope of the licensee’s services and information obtained from or about a

client, including the licensee’s personal knowledge of the client, must be

maintained in a manner that ensures security and confidentiality. No

confidential records or information contained therein or information obtained

from or about a client, including the licensee’s personal knowledge of the

client, may be released except:

     (a) By written consent of the client;

     (b) In accordance with a subpoena issued by the

Board;

     (c) Pursuant to an investigation by the Board; or

     (d) As otherwise provided by law.

     2.  A licensee is responsible for informing

his or her client of the confidentiality policies of the licensee, applicable

confidentiality and privacy laws and the limits of confidentiality.

     3.  Except as otherwise provided by law,

information deemed to be confidential pursuant to subsection 1 must not be

communicated to others without the client’s consent unless there is clear and

immediate danger to some person or to society, and then only to the appropriate

family members, professional workers, public authorities or, if there is a

clear and immediate danger to a specific person or persons, to that person or

persons.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-8-95; R112-00, 1-17-2001; R142-08, 2-11-2009)

      NAC 641B.215  Research: Consent and protection of participants; credit for

work. (NRS

641B.160)

     1.  Before engaging in research, a licensee

shall obtain the voluntary and informed consent of participants in the research

without any implied deprivation or penalty for refusal to participate.

     2.  A licensee engaging in research shall

protect participants in the research from unwarranted physical or mental

discomfort, distress, harm, danger or deprivation.

     3.  A licensee shall treat information

obtained from or about participants through research as confidential.

     4.  A licensee shall only take credit for

work actually done in connection with his or her research and shall give credit

for contributions made by others.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.220  Unprofessional conduct. (NRS 641B.160, 641B.400)

     1.  A licensee who violates any of the

provisions of NAC 641B.200 to 641B.215, inclusive, or commits any act that

constitutes a basis for refusal by the Board to issue a license pursuant to

subsection 2 of NRS 641B.260

is guilty of unprofessional conduct.

     2.  If a violation or other unprofessional

conduct occurs while a license of a licensee is in effect, the Board will take

disciplinary action, as appropriate, against the licensee even if the license

thereafter has expired or been suspended.

     3.  The revocation, suspension or other

disciplinary action taken by any state on a professional license or certificate

or registration that was issued by that state is grounds for disciplinary

action against the licensee by the Board for unprofessional conduct.

     4.  The failure of a licensee to comply with

a stipulation, agreement, advisory opinion or order issued by the Board

constitutes unprofessional conduct.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; R113-98, 1-13-99; R112-00, 1-17-2001)

      NAC 641B.225  “Professional incompetence” interpreted. (NRS 641B.160, 641B.400)

     1.  “Professional incompetence” as that term

is used in NRS 641B.400 will

be interpreted by the Board to mean a lack of knowledge, skill or ability in

discharging a professional obligation and includes malpractice and gross

negligence.

     2.  For the purposes of this section,

“malpractice” in the practice of social work means conduct which falls below

the standard of care required of a licensee under the circumstances and which

proximately causes damage to a client.

     3.  For the purposes of this section, “gross

negligence” in the practice of social work means conduct which represents an

extreme departure from the standard of care required of a licensee under the

circumstances and which proximately causes damage to a client.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R079-02, 1-9-2003)

      NAC 641B.240  Use of title. (NRS 641B.160)

     1.  Each licensee shall use his or her title

designated in this chapter in all communications with the Board.

     2.  An applicant for licensure as a licensed

independent social worker or as a licensed clinical social worker who is in a

program to complete the required hours of supervised, postgraduate training

shall, during the course of the program of internship, use the title “intern”

in all communications made within the scope of his or her practice, including,

without limitation, all communications with the Board and with his or her

respective clients.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; R113-98, 1-13-99; R079-02, 1-9-2003)

      NAC 641B.245  Appointment of hearing officer. (NRS 641B.150, 641B.160)

     1.  The Board may appoint an attorney who is

licensed to practice law in this State or a licensee to serve as a hearing

officer in a contested case. The hearing officer may, upon the request of the

Board:

     (a) Conduct hearings;

     (b) Question witnesses;

     (c) Make rulings on motions and objections;

     (d) Submit suggested findings of fact or

conclusions of law to the Board at the conclusion of the case; and

     (e) Take the actions assigned to the “presiding

officer” or the “presiding member of the Board” pursuant to the provisions of

this chapter.

Ê In the

contested case in which a hearing officer is designated pursuant to the

provisions of this section, the Board will make the final determination of all

findings of fact and conclusions of law in the case.

     2.  If the Board does not appoint a hearing

officer pursuant to subsection 1, the Board will designate the Executive

Director, a presiding officer or any other member of the Board to serve as the

hearing officer.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R112-00, 1-17-2001; A by R079-02, 1-9-2003)

PRACTICE BEFORE THE BOARD OF EXAMINERS FOR SOCIAL WORKERS

Parties and Representatives

      NAC 641B.250  Classification of parties. (NRS 641B.160)  Parties

to proceedings before the Board must be styled “applicant,” “complainant,”

“intervener,” “petitioner,” “protestant” or “respondent,” according to the

nature of the proceedings and the relationship of the parties thereto. In any

proceeding which the Board initiates, the Board will be styled the

“complainant.”

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.255  Appearance by Board’s staff. (NRS 641B.160)  Members

of the Board’s staff may appear at any proceeding and participate as a party.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.260  Entry of appearance. (NRS 641B.160)  A party

shall enter his or her appearance at the beginning of a hearing or at any time

designated by the presiding officer, by giving his or her name and address and

stating his or her position or interest to the presiding officer. The

information must be entered in the record of the hearing.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.265  Representation of parties. (NRS 641B.160)

     1.  A party may appear in person or be

represented by an attorney.

     2.  An attorney appearing as counsel in any

proceeding must be an attorney at law, admitted to practice and in good

standing before the highest court of any state. If the attorney is not admitted

and entitled to practice before the Supreme Court of Nevada, he or she must be

associated with an attorney so admitted and entitled to practice.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.270  Service upon attorney. (NRS 641B.160)  Following

the entry of an appearance by an attorney for a party, all notices, pleadings

and orders to be served thereafter upon the party must be served upon his or

her attorney, and such service is, for all purposes, valid service upon the

party represented.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.275  Withdrawal of attorney. (NRS 641B.160)  Any

attorney of record wishing to withdraw from a proceeding before the Board must,

in writing, immediately notify the Board or its presiding officer, the party

whom he or she represented and any other parties to the proceeding.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

Pleadings, Motions and Discovery

      NAC 641B.280  Captions. (NRS 641B.160)  Pleadings

before the Board must be styled “applications,” “petitions,” “complaints” and

“answers.”

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.285  Execution. (NRS 641B.160)  Every

pleading, except a petition, must be signed by the person who submits it.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

      NAC 641B.290  Construction. (NRS 641B.160)  The

Board will construe all pleadings so as to administer justice between the

parties, and the Board will, or its presiding officer will, at every stage of

any proceedings, disregard errors or defects in the pleadings or proceedings

which do not affect the substantial rights of the parties.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.295  Applications. (NRS 641B.160)  A

pleading requesting a privilege, license or authority from the Board must be

styled as an “application.” It must set forth the full name and address of the

applicant, and must contain such facts or exhibits as may be required by

statute or these regulations.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.300  Petitions. (NRS 641B.160)

     1.  Each pleading in which a party prays for

affirmative relief, excluding an application, complaint or answer but including

a request for a declaratory order or an advisory opinion or for the adoption,

amendment or repeal of any regulation, must be styled a “petition.”

     2.  A petition must contain the petitioner’s

full name and mailing address and be signed by him or her.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.305  Procedure upon receipt of accusation. (NRS 641B.160)

     1.  The Board will initially consider any

written accusation regarding a licensee as an informal complaint. Upon receipt

of an informal complaint, the Board’s staff shall examine the complaint to

determine whether it:

     (a) Has been properly verified; and

     (b) Alleges sufficient facts to warrant further

proceedings.

     2.  If the Board’s staff determines that the

informal complaint is properly verified and does allege sufficient facts, the

Board will notify the respondent by certified mail of the allegations and

potential violations of a provision of this chapter or chapter 641B of NRS arising in the

informal complaint and request a response for the Board’s review before a

hearing is set. This notice shall be deemed a notice of intended action

pursuant to subsection 3 of NRS

233B.127.

     3.  The respondent may respond in writing to

the office of the Board within 14 days after receiving notice from the Board

pursuant to subsection 2. The written response must:

     (a) Contain responses to all the allegations

contained in the notice; and

     (b) Be accompanied by all documentation that will

be helpful to the Board’s staff in reviewing the allegations.

     4.  The Board’s staff and the legal counsel

to the Board shall review the informal complaint and any response it receives

from the respondent pursuant to subsection 3. The Board’s staff and the legal

counsel to the Board may:

     (a) Investigate the allegations and may employ such

persons or appoint such members of the Board as they deem necessary to further

the investigation;

     (b) Consult with experts in the appropriate field

and may employ the experts for purposes of investigation or hearing;

     (c) Investigate new leads or allegations that may

come to their attention in the course of investigating the informal complaint;

and

     (d) Take any other reasonable action necessary to

further the investigation.

     5.  When the investigation is completed, the

Board’s staff, legal counsel to the Board and persons employed by the Board,

including any Board members appointed to assist in the investigation, shall

determine whether substantial evidence exists to sustain the alleged violation

of a provision of this chapter or chapter

641B of NRS. If it is determined that no violation of a statute or

regulation can be sustained, the Board’s staff shall notify the complainant and

the respondent of this determination in writing. If new evidence is discovered,

the matter may at any time be reopened and investigated by the Board, if

circumstances warrant.

     6.  If it is determined that a violation of a

statute or regulation can be sustained, the legal counsel to the Board shall

prepare a notice of hearing and a formal complaint.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; R112-00, 1-17-2001; R079-02, 1-9-2003)

      NAC 641B.310  Formal complaints: Preparation and filing. (NRS 641B.160)

     1.  A formal complaint must contain a

statement of facts showing that a provision of chapter 641B of NRS or of this chapter

has been violated. The formal complaint must be sufficiently detailed to enable

the respondent to prepare a defense. All applicable statutes, regulations and

orders of the Board must be cited in the formal complaint, together with the

date on which the act or omission is alleged to have occurred.

     2.  If more than one cause of action is

alleged in a formal complaint, each cause of action must be stated and numbered

separately. Two or more complainants may be joined in one formal complaint if

their respective causes of action are against the same person and deal

substantially with the same violation of law, or of a regulation or order of

the Board.

     3.  A formal complaint must be filed with the

Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.315  Formal complaints: Service and response. (NRS 641B.160)  If the

Board determines that a complaint warrants administrative action, a copy of the

formal complaint will be served upon each person against whom the formal

complaint is made. Such a person may respond to the formal complaint by filing

an answer within 20 days after receipt thereof. If he or she fails to answer

within the time prescribed, he or she will be deemed to have denied generally

the allegations of the formal complaint.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.320  Motions. (NRS 641B.160)

     1.  A motion must be made in writing, unless

otherwise authorized by the Board or hearing officer during a hearing.

     2.  Each written motion must set forth the

nature of the relief sought and the grounds for the motion.

     3.  A written motion must be served on the

opposing party and the Board at least 15 days before the time set for the

hearing on the disciplinary action.

     4.  Except as otherwise provided in this

subsection, an opposing party may file a written response to a motion within 10

days after the receipt of the motion by serving the written response on all

parties and the Board. The Board will not consider a written response filed

less than 3 days before the time set for the hearing on the disciplinary

action, unless the party, at the hearing, demonstrates good cause.

     5.  Except as otherwise provided in this

subsection, the party who made the motion may serve and file a written reply to

the response within 7 days after the receipt of the response by serving the

written reply on all parties and the Board. The Board will not consider a

written response less than 3 days before the time set for the hearing on the

disciplinary action, unless the party, at the hearing, demonstrates good cause.

     6.  The presiding officer shall rule on all

motions at or before the scheduled hearing. A decision on a motion may be made

without oral argument unless oral argument is required. If oral argument is

required, the presiding officer will set a date and time for hearing the

argument.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R112-00, 1-17-2001)

      NAC 641B.325  Filing pleadings and motions. (NRS 641B.160)  An

original and two legible copies of each pleading, motion or other paper must be

filed with the Board. The Board may direct that a copy of each pleading and

motion be made available by the party filing it to any other person who the

Board determines may be affected by the proceeding and who desires a copy.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.330  Method of service. (NRS 641B.160)  Every

notice, advisory opinion, declaratory order or other document to be served by

the Board will be served by mail or delivered in person. Service thereof by

mail will be deemed complete when a true copy of the document is deposited in

the United States mail, postage prepaid, and addressed to the last known

address provided to the Board by the licensee pursuant to subsection 2 of NAC 641B.085.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 11-28-89)

      NAC 641B.335  Proof of service. (NRS 641B.160)  Each

document to be served by the Board or any party to a proceeding before the

Board must include an acknowledgment of service or proof of service.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

      NAC 641B.340  Discovery of witnesses and evidence. (NRS 641B.160)

     1.  No less than 10 days before a matter is

scheduled for a disciplinary hearing, any party may serve upon any other party

a written demand for:

     (a) Copies of all documents reasonably available to

the other party which are anticipated to be used in support of that party’s

position.

     (b) A written list of persons whom the other party

reasonably anticipates will testify at the disciplinary hearing. Each person

must be identified by name and location, along with a general description of

the subject matter of his or her testimony.

     2.  The party to whom such a request is made

must respond within 5 days of receiving the request.

     3.  The party to whom such a request is made

is under a continuing duty to supplement promptly his or her response to the

request.

     4.  Failure to comply with this section may

result in the exclusion of the undisclosed documents or witnesses at the time

of hearing.

     5.  The procedure set forth in this section

is the only method of discovery allowed pursuant to this chapter.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.342  Continuance. (NRS 641B.160)  The

Board will grant a continuance upon a joint stipulation of the parties or the

existence of emergency conditions or for good cause shown upon a written

request filed with the Board and physically served upon the opposing party not

later than 10 days before the hearing. The term “good cause shown” will be

narrowly construed. Any party requesting a continuance for good cause shown

shall appear on the date set for the hearing and be prepared to proceed.

     (Added to NAC by Bd. of Exam’rs for Social Workers by

R112-00, 1-17-2001)

Hearings

      NAC 641B.345  Notice of hearing. (NRS 641B.160)

     1.  The Board will serve notice of a hearing

at least 10 days before the date set for the hearing. A hearing which has been

previously continued may be reset on advance notice of at least 3 days.

     2.  If a notice of hearing and formal

complaint are served at the same time, they may be considered together to

satisfy the requirements of chapter 233B

of NRS.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

      NAC 641B.350  Failure to appear. (NRS 641B.160)

     1.  If a party fails to appear at a hearing

scheduled by the Board and no continuance has been requested or granted, the

Board may hear testimony of witnesses who have appeared and proceed to consider

the matter and dispose of it on the basis of the evidence before it.

     2.  Where, because of accident, sickness or

other reasonable cause, a person fails to appear for a hearing or request a

continuance thereof, he or she may, within a reasonable time but not more than

30 days after the date originally set for the hearing, apply to the Board to

reopen the proceedings. Upon finding the cause sufficient and reasonable, the

Board will set a new time and place for hearing and give the person notice

thereof. Witnesses who have previously testified may not be required to appear

at the second hearing unless so directed by the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R142-08, 2-11-2009)

      NAC 641B.355  Preliminary procedure. (NRS 641B.160)  The

presiding member of the Board will call the proceeding to order, proceed to

take the appearances and act upon any pending motions or petitions. The parties

may then make opening statements.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.360  Conduct. (NRS 641B.160)  At a

hearing before the Board, all parties and their counsel and the spectators

shall conduct themselves in a respectful manner.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.365  Testimony under oath. (NRS 641B.160)  All

testimony to be considered by the Board in any hearing, except matters noticed

officially or entered by stipulation, will be sworn testimony. Before taking

the witness stand, each person must swear or affirm that the testimony he or

she is about to give in the hearing before the Board will be the truth, the

whole truth and nothing but the truth.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.370  Order of presentation. (NRS 641B.160)

     1.  Each applicant, petitioner or complainant

may present his or her evidence, and then such parties as may be opposing the

application, petition or complaint may submit their evidence. The presiding

member of the Board will determine the order in which any intervener may

introduce his or her evidence.

     2.  Evidence will ordinarily be received from

the parties in the following order:

     (a) Upon an application or petition:

          (1) Applicant or petitioner.

          (2) Board’s staff.

          (3) Protestant.

          (4) Rebuttal by applicant or petitioner.

     (b) Upon a complaint:

          (1) Complainant.

          (2) Respondent.

          (3) Rebuttal by complainant.

          (4) Surrebuttal by respondent.

     3.  The Board or its presiding member may

modify the order of presentation and may allow the parties to make closing

statements.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.375  Consolidation of proceedings. (NRS 641B.160)  The

presiding member of the Board may consolidate two or more proceedings for one

hearing whenever it appears that the issues are substantially the same and the

interests of the parties will not be prejudiced by a consolidation.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.380  Stipulations. (NRS 641B.160)  With the

approval of the presiding member of the Board, the parties may stipulate as to

any fact at issue, either by a written stipulation introduced in evidence as an

exhibit or by an oral statement shown upon the record. Any such stipulation is

binding upon all parties to the stipulation, and it may be treated as evidence

at the hearing. The presiding member may require evidential proof of the facts

stipulated to, notwithstanding the stipulation.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.385  Briefs. (NRS 641B.160)  The

Board may request briefs to be filed within a specified time. Briefs must be

accompanied by proof of service.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.390  Official notice. (NRS 641B.160)  In

addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take

official notice of regulations, official reports, decisions, orders, standards

or records of the Board, of any other regulatory agency of the State of Nevada,

or of any court of record.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.395  Informal hearings. (NRS 641B.160)  The

Board may hold an informal hearing to:

     1.  Mediate problems;

     2.  Discuss factual or legal questions

relating to the propriety of certain conduct;

     3.  Discuss certain conduct and warn holders

of licenses that engaging in the conduct will be a violation of law or of the

Board’s regulations; or

     4.  Determine the appropriateness of holding

a formal hearing on any matter.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.400  Submission for decision. (NRS 641B.160)  A

proceeding stands submitted for decision by the Board after:

     1.  The taking of evidence;

     2.  The filing of briefs; or

     3.  The presentation of such oral arguments

as may have been permitted by the Board,

Ê whichever

occurs last.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.405  Petition for rehearing. (NRS 641B.160)

     1.  Within 30 days after the Board has made a

decision or issued an order, the aggrieved party may apply for a rehearing by

filing a written petition setting forth the grounds for the rehearing. The only

grounds for rehearing which will be considered by the Board are:

     (a) Material mistake or fraud affecting the

decision; or

     (b) The discovery of previously unavailable

material evidence.

     2.  The Board will act upon a petition for

rehearing within 30 days after receiving it. If no action is taken by the Board

within the 30-day period, the petition is deemed denied.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92; R142-08, 2-11-2009)

      NAC 641B.410  Rehearing on motion of Board. (NRS 641B.160)  The

Board, on its own motion, may order a rehearing of its decision if mistake,

fraud or misconception of facts existed in the forming of its original

decision.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.415  Effect of filing petition for rehearing. (NRS 641B.160)  The

filing of a petition for a rehearing does not excuse compliance with an order

or decision of the Board, nor suspend its effectiveness, unless the Board, by

order, allows the excuse or declares the suspension.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

Miscellaneous Petitions

      NAC 641B.420  Petition for declaratory order or advisory opinion: Scope of

consideration. (NRS 641B.160)  The

Board will consider petitions for declaratory orders or advisory opinions as to

the applicability of any statutory provisions or any regulation or decision of

the Board.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88)

      NAC 641B.425  Petition for declaratory order or advisory opinion: Action by

Board. (NRS 641B.160)

     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 its next regularly scheduled meeting. If the

petition is received within 10 days before the next regularly scheduled

meeting, the petition may be placed on the agenda for discussion at the

following meeting.

     2.  At the appropriate meeting, the Board

will consider the matter and grant or deny the petition.

     3.  If the Board denies the petition, no

further action will be taken.

     4.  If the Board grants the petition, the

Board will issue its declaratory order or advisory opinion within 90 days after

granting the petition, or within 120 days if good cause exists for an extended

period of consideration. The Board may schedule a hearing on the issue raised

in the petition before issuing its decision. Such a hearing constitutes

sufficient cause to warrant the extension.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

      NAC 641B.430  Petition for declaratory order or advisory opinion: Preparation

of order or opinion. (NRS 641B.160)  After

the Board determines that an issue concerning the applicability of a provision

of a statute, regulation or decision should be addressed, the president or

other presiding officer will assign one member of the Board to write an order

or opinion. Within 60 days thereafter, the member so assigned will:

     1.  Review comments by all members of the

Board on the issue;

     2.  Research the issue and, if necessary,

seek the assistance of the Attorney General; and

     3.  Submit a draft of the order or opinion to

the Board for its approval.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

      NAC 641B.435  Petition for declaratory order or advisory opinion: Notice of

order or opinion. (NRS 641B.160)  After

the Board renders its declaratory order or advisory opinion, the Executive

Director will give notice of it to the petitioner.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R113-98, 1-13-99)

      NAC 641B.440  Petition for declaratory order or advisory opinion: Violation of

order or opinion. (NRS 641B.160)  Any

violation of a declaratory order or advisory opinion rendered by the Board will

be considered unprofessional conduct.

     (Added to NAC by Bd. of Exam’rs for Social Workers, eff.

9-20-88)

      NAC 641B.445  Petition for adoption, amendment or repeal of regulation. (NRS 641B.160)

     1.  A petition for adoption, amendment or

repeal of a regulation must be in writing and be prepared in a form approved by

the Board.

     2.  If the Board receives a petition within

30 days before its next regular meeting, the petition will be placed on the

agenda for discussion to determine whether the petition should be denied or

procedures for adoption of a regulation should be commenced.

     3.  If a petition is received by the Board

during any period in which a regular meeting is not scheduled within 30 days,

the Executive Director will place the petition on the agenda of the next

regularly scheduled meeting.

     4.  The Board may call a special meeting to

consider a petition.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A by R113-98, 1-13-99)

      NAC 641B.450  Petition to appear before Board.

(NRS 641B.160)  Any

person may petition the Board to appear and be heard on any matter within the

jurisdiction of the Board, as follows:

     1.  The petition must be in writing and

contain a brief summary of the subject matter and the reasons for bringing the

matter before the Board.

     2.  The petition must be received by the

Board at least 15 days before the meeting at which the petitioner wishes to be

heard, but the Board may waive this requirement.

     (Added to NAC by Bd. of Exam’rs for Social Workers,

eff. 9-20-88; A 5-15-92)

 
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