[Rev. 2/11/2015 11:45:39
AM--2014R2]
CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING
COUNSELORS AND DETOXIFICATION TECHNICIANS
GENERAL PROVISIONS
NRS 641C.010 Legislative
declaration.
NRS 641C.020 Definitions.
NRS 641C.030 “Board”
defined.
NRS 641C.040 “Certificate”
defined.
NRS 641C.050 “Certified
counselor” defined.
NRS 641C.060 “Certified
intern” defined.
NRS 641C.065 “Clinical
practice of counseling alcohol and drug abusers” defined.
NRS 641C.070 “Habitual
use” defined.
NRS 641C.080 “License”
defined.
NRS 641C.090 “Licensed
counselor” defined.
NRS 641C.100 “Practice
of counseling alcohol and drug abusers” defined.
NRS 641C.105 “Practice
of counseling problem gamblers” defined.
NRS 641C.110 “Problem
gambling” defined.
NRS 641C.130 Applicability.
BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS
NRS 641C.150 Creation;
appointment and qualifications of members; limitations on civil liability.
NRS 641C.160 Terms
of office; removal of members; election of officers; meetings; limitations on
expenses; maintenance of records; adoption of seal; quorum.
NRS 641C.170 Compensation
of members; payment of per diem allowance and travel expenses.
NRS 641C.180 Location
of offices; employment of attorneys, investigators and other persons.
NRS 641C.190 Payment
of expenses; deposit of money; delegation of authority to take disciplinary
action; deposit of fines imposed by Board; presentment of claims for attorney’s
fees and costs of investigation.
NRS 641C.200 Adoption
of regulations.
NRS 641C.210 Duties
of Secretary-Treasurer.
NRS 641C.220 Interlocal
agreements with Indian tribes.
LICENSURE AND CERTIFICATION OF COUNSELORS AND COUNSELOR
INTERNS
General Provisions
NRS 641C.250 License
or certificate is revocable privilege; holder acquires no vested right.
NRS 641C.260 Application
required for license or certificate; submission of fingerprints; payment of
application fee.
NRS 641C.280 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 641C.280 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
NRS 641C.290 Examination
required for license or certificate.
NRS 641C.300 Waiver
of examination for person who holds license or certificate in another
jurisdiction.
NRS 641C.310 Investigation
and hearings related to applications for license or certificate; grounds for
denial of license or certificate.
NRS 641C.320 Issuance
of provisional license or certificate; period provisional license or
certificate is valid; prohibition on renewal.
License As Clinical Alcohol and Drug Abuse Counselor
NRS 641C.330 Requirements
for issuance of license.
NRS 641C.331 Period
license is valid; scope of practice authorized by license.
Certificate As Clinical Alcohol and Drug Abuse Counselor Intern
NRS 641C.340 Requirements
for issuance of certificate; period certificate is valid; scope of practice
authorized by certificate.
License As Alcohol and Drug Abuse Counselor
NRS 641C.350 Requirements
for issuance of license.
NRS 641C.360 Period
license is valid; scope of practice authorized by license.
Certificate As Alcohol and Drug Abuse Counselor
NRS 641C.390 Requirements
for issuance of certificate; period certificate is valid; scope of practice
authorized by certificate.
Certificate As Alcohol and Drug Abuse Counselor Intern
NRS 641C.420 Requirements
for issuance of certificate; period certificate is valid; scope of practice
authorized by certificate.
Certificate As Problem Gambling Counselor
NRS 641C.430 Requirements
for issuance of certificate.
NRS 641C.435 Period
certificate is valid; scope of practice authorized by certificate.
Certificate As Problem Gambling Counselor Intern
NRS 641C.440 Requirements
for issuance of certificate; period certificate is valid; scope of practice
authorized by certificate.
Expiration and Renewal; Fees
NRS 641C.450 Procedure
for renewal on or before date of expiration.
NRS 641C.460 Procedure
for renewal or restoration after date of expiration.
NRS 641C.470 Fees.
CERTIFICATION OF DETOXIFICATION TECHNICIANS
NRS 641C.500 Adoption
of regulations governing certification; scope of regulations; prohibitions;
inapplicability of certain provisions of chapter.
ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION
NRS 641C.530 Reports
of criminal history: Use by Board in making determinations concerning licensure
and certification; power of Board to require submission of fingerprints to
obtain reports.
DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS
NRS 641C.700 Grounds
for disciplinary action.
NRS 641C.710 Suspension
of license or certificate for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or certificate.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 641C.720 Filing
of complaint; authorized disciplinary action; reinstatement of suspended or
revoked license or certificate; private reprimands prohibited; orders imposing
discipline deemed public records; retention of complaints.
NRS 641C.730 Subpoenas:
Issuance; enforcement; penalty for failure to obey.
NRS 641C.740 Payment
of fees and mileage for witnesses.
NRS 641C.760 Confidentiality
of certain records of Board; exceptions.
UNLAWFUL ACTS; REMEDIES; PENALTIES
NRS 641C.900 Unlawful
to engage in practice of counseling alcohol and drug abusers, clinical practice
of counseling alcohol and drug abusers or practice of counseling problem
gamblers without being licensed or certified; exceptions.
NRS 641C.910 Unlawful
to engage in certain acts, use certain titles or make certain representations
without being licensed or certified; civil action for injunctive relief.
NRS 641C.950 Penalties.
_________
GENERAL PROVISIONS
NRS 641C.010 Legislative declaration. The
practice of counseling alcohol and drug abusers, the clinical practice of
counseling alcohol and drug abusers and the practice of counseling problem
gamblers are hereby declared to be learned professions affecting public health,
safety and welfare and are subject to regulation to protect the public from the
practice of counseling alcohol and drug abusers, the clinical practice of
counseling alcohol and drug abusers and the practice of counseling problem
gamblers by unqualified persons and from unprofessional conduct by persons who
are licensed or certified to engage in the practice of counseling alcohol and
drug abusers, licensed to engage in the clinical practice of counseling alcohol
and drug abusers or certified to engage in the practice of counseling problem
gamblers.
(Added to NRS by 1999, 3050; A 2003, 1419; 2007, 3065)
NRS 641C.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 641C.030 to 641C.110, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1999, 3049; A 2003, 1419; 2007, 3065)
NRS 641C.030 “Board” defined. “Board”
means the Board of Examiners for Alcohol, Drug and Gambling Counselors.
(Added to NRS by 1999, 3049; A 2003, 1419)
NRS 641C.040 “Certificate” defined. “Certificate”
means a certificate issued to a person who is certified as an alcohol and drug
abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol
and drug abuse counselor intern, a problem gambling counselor or a problem
gambling counselor intern.
(Added to NRS by 1999, 3049; A 2003, 1419; 2007, 3065)
NRS 641C.050 “Certified counselor” defined. “Certified
counselor” means a person who is certified as an alcohol and drug abuse
counselor or a problem gambling counselor pursuant to the provisions of this
chapter.
(Added to NRS by 1999, 3049; A 2003, 1419)
NRS 641C.060 “Certified intern” defined. “Certified
intern” means a person who is certified as a clinical alcohol and drug abuse
counselor intern, an alcohol and drug abuse counselor intern or a problem
gambling counselor intern pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3049; A 2003, 1419; 2007, 3065)
NRS 641C.065 “Clinical practice of counseling alcohol and drug abusers”
defined.
1. “Clinical practice of counseling
alcohol and drug abusers” means:
(a) The application of counseling to reduce or
eliminate the habitual use of alcohol or other drugs, other than any
maintenance dosage of a narcotic or habit-forming drug administered pursuant to
chapter 453 of NRS; and
(b) The identification, evaluation and diagnosis
of and treatment for a mental illness when a person with mental illness is also
an alcoholic or abuser of drugs.
2. The term does not include:
(a) The diagnosis or treatment of a psychotic
disorder; or
(b) The use of a psychological or psychometric
assessment test to determine intelligence, personality, aptitude and interests.
(Added to NRS by 2007, 3063)
NRS 641C.070 “Habitual use” defined. “Habitual
use” means the use of alcohol and drugs that endangers the health, safety or
welfare of the user or any other person.
(Added to NRS by 1999, 3049)
NRS 641C.080 “License” defined. “License”
means a license issued to a person who is licensed as an alcohol and drug abuse
counselor or a clinical alcohol and drug abuse counselor pursuant to the
provisions of this chapter.
(Added to NRS by 1999, 3049; A 2007, 3065)
NRS 641C.090 “Licensed counselor” defined. “Licensed
counselor” means a person who is licensed as an alcohol and drug abuse
counselor or a clinical alcohol and drug abuse counselor pursuant to the
provisions of this chapter.
(Added to NRS by 1999, 3049; A 2007, 3065)
NRS 641C.100 “Practice of counseling alcohol and drug abusers” defined. “Practice of counseling alcohol and drug
abusers” means the application of counseling to reduce or eliminate the
habitual use of alcohol or other drugs, other than any maintenance dosage of a
narcotic or habit-forming drug administered pursuant to chapter 453 of NRS.
(Added to NRS by 1999, 3049)
NRS 641C.105 “Practice of counseling problem gamblers” defined. “Practice of counseling problem gamblers”
means the application of counseling to reduce or eliminate problem gambling.
(Added to NRS by 2003, 1417)
NRS 641C.110 “Problem gambling” defined. “Problem
gambling” means persistent and recurrent maladaptive behavior relating to
gambling that causes disruptions in any major area of life, including, without
limitation, the psychological, social or vocational areas of life.
(Added to NRS by 2003, 1417)
NRS 641C.130 Applicability. The
provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to
the provisions of chapter 630 or 633 of NRS;
2. A nurse who is licensed pursuant to the
provisions of chapter 632 of NRS and is
authorized by the State Board of Nursing to engage in the practice of
counseling alcohol and drug abusers or the practice of counseling problem
gamblers;
3. A psychologist who is licensed pursuant
to the provisions of chapter 641 of NRS;
4. A clinical professional counselor or
clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;
5. A marriage and family therapist or
marriage and family therapist intern who is licensed pursuant to the provisions
of chapter 641A of NRS and is authorized by
the Board of Examiners for Marriage and Family Therapists and Clinical
Professional Counselors to engage in the practice of counseling alcohol and
drug abusers or the practice of counseling problem gamblers; or
6. A person who is licensed as a clinical
social worker pursuant to the provisions of chapter
641B of NRS and is authorized by the Board of Examiners for Social Workers
to engage in the practice of counseling alcohol and drug abusers or the
practice of counseling problem gamblers.
(Added to NRS by 1999, 3050; A 2003, 1176, 1419; 2007, 3065)
BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING
COUNSELORS
NRS 641C.150 Creation; appointment and qualifications of members; limitations
on civil liability.
1. The Board of Examiners for Alcohol,
Drug and Gambling Counselors, consisting of seven members appointed by the
Governor, is hereby created.
2. The Board must consist of:
(a) Three members who are licensed as clinical
alcohol and drug abuse counselors or alcohol and drug abuse counselors pursuant
to the provisions of this chapter.
(b) One member who is certified as an alcohol and
drug abuse counselor pursuant to the provisions of this chapter.
(c) Two members who are licensed pursuant to chapter 630, 632,
641, 641A
or 641B of NRS and certified as problem
gambling counselors pursuant to the provisions of this chapter.
(d) One member who is a representative of the
general public. This member must not be:
(1) A licensed clinical alcohol and drug
abuse counselor or a licensed or certified alcohol and drug abuse counselor or
a certified problem gambling counselor; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a licensed clinical alcohol and drug abuse
counselor or a licensed or certified alcohol and drug abuse counselor or a
certified problem gambling counselor.
3. A person may not be appointed to the
Board unless he or she is:
(a) A citizen of the United States or is lawfully
entitled to remain and work in the United States; and
(b) A resident of this State.
4. No member of the Board may be held
liable in a civil action for any act that he or she performs in good faith in
the execution of his or her duties pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3050; A 2003, 1198, 1420; 2007, 3066)
NRS 641C.160 Terms of office; removal of members; election of officers;
meetings; limitations on expenses; maintenance of records; adoption of seal;
quorum.
1. After the initial terms, the members of
the Board must be appointed to terms of 4 years and may not serve more than two
consecutive terms.
2. Upon the expiration of a term, the
member continues to serve on the Board until a qualified person has been
appointed as a successor.
3. The Governor may, after notice and
hearing, remove any member of the Board for misconduct, incompetence, neglect
of duty or any other sufficient cause.
4. The Board shall:
(a) Elect annually from its members a President,
Vice President and Secretary-Treasurer. If the President, Vice President or
Secretary-Treasurer is replaced by another person appointed by the Governor,
the Board shall elect from its members a replacement for the President, Vice
President or Secretary-Treasurer.
(b) Meet not less than twice a year and may meet
at other times at the call of the President or a majority of its members.
(c) Not incur any expenses that exceed the money
received from time to time as fees provided by the provisions of this chapter.
(d) Prepare and maintain a record of its
transactions and proceedings.
(e) Adopt a seal of which each court of this
State shall take judicial notice.
5. A majority of the members of the Board
constitutes a quorum to transact the business of the Board.
(Added to NRS by 1999, 3050)
NRS 641C.170 Compensation of members; payment of per diem allowance and
travel expenses.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses, at
a rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for officers and employees of this State
generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for officers and employees of this State generally.
(Added to NRS by 1999, 3051; A 2007, 2956)
NRS 641C.180 Location of offices; employment of attorneys, investigators and
other persons. The Board may:
1. Maintain offices in as many locations
in this State as it considers necessary to carry out the provisions of this
chapter.
2. Employ attorneys, investigators and
other persons necessary to carry out its duties.
(Added to NRS by 1999, 3051)
NRS 641C.190 Payment of expenses; deposit of money; delegation of authority
to take disciplinary action; deposit of fines imposed by Board; presentment of
claims for attorney’s fees and costs of investigation.
1. Except as otherwise provided in
subsection 4, all expenses incurred by the Board in carrying out the provisions
of this chapter must be paid from the money which it receives. No part of the
salaries or expenses of the Board may be paid out of the State General Fund.
2. All money received by the Board must be
deposited in a bank, credit union or other financial institution in this State
and paid out on its order for its expenses.
3. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines and
penalties therefor and deposit the money therefrom in a bank, credit union or
other financial institution in this State.
4. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 3, the Board
shall deposit the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund. If money is so deposited, the
Board may present a claim to the State Board of Examiners for recommendation to
the Interim Finance Committee if money is needed to pay attorney’s fees or the
costs of an investigation, or both.
(Added to NRS by 1999, 3051; A 2001, 91, 101; 2005, 793)
NRS 641C.200 Adoption of regulations.
1. The Board shall adopt such regulations
as are necessary to carry out the provisions of this chapter, including,
without limitation, regulations that prescribe:
(a) The ethical standards for licensed and
certified counselors and certified interns; and
(b) The requirements for continuing education for
the renewal, restoration or reinstatement of a license or certificate.
2. The Board may adopt regulations that
prescribe:
(a) The contents of a written examination concerning
the practice of counseling problem gamblers;
(b) The grounds for initiating disciplinary
action against a certified problem gambling counselor or certified problem
gambling counselor intern; and
(c) Disciplinary procedures for certified problem
gambling counselors and certified problem gambling counselor interns, including
the suspension, revocation and reinstatement of a certificate as a problem
gambling counselor or problem gambling counselor intern.
3. Any regulations adopted by the Board pursuant
to this section must be consistent with the provisions of chapter 622A of NRS.
(Added to NRS by 1999, 3058; A 2001, 219; 2003, 1420; 2005, 793)
NRS 641C.210 Duties of Secretary-Treasurer. The
Secretary-Treasurer of the Board shall prepare and maintain:
1. A separate list of the names and
addresses of:
(a) The applicants for a license;
(b) The applicants for a certificate;
(c) The licensed counselors;
(d) The certified counselors; and
(e) The certified interns.
2. A record of each examination conducted
by the Board.
3. An inventory of:
(a) The property of the Board; and
(b) The property of this State that is in the
possession of the Board.
(Added to NRS by 1999, 3051)
NRS 641C.220 Interlocal agreements with Indian tribes. The Board may enter into an interlocal
agreement with an Indian tribe to provide to members of the tribe training in
the practice of counseling alcohol and drug abusers or the clinical practice of
counseling alcohol and drug abusers to assist those persons in obtaining
licenses and certificates as alcohol and drug abuse counselors and licenses as
clinical alcohol and drug abuse counselors.
(Added to NRS by 2003, 1164; A 2007, 3066)
LICENSURE AND CERTIFICATION OF COUNSELORS AND COUNSELOR
INTERNS
General Provisions
NRS 641C.250 License or certificate is revocable privilege; holder acquires
no vested right. A license or
certificate issued pursuant to the provisions of this chapter is a privilege
that may be revoked in accordance with the disciplinary procedures set forth in
this chapter and in regulations adopted by the Board pursuant thereto, and no
holder of such a license or certificate acquires thereby any vested right.
(Added to NRS by 1999, 3050)
NRS 641C.260 Application required for license or certificate; submission of
fingerprints; payment of application fee. Each
applicant for a license or certificate must submit to the Board:
1. An application on a form provided by
the Board;
2. A complete set of fingerprints and
written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
3. The application fee prescribed in NRS 641C.470.
(Added to NRS by 1999, 3052; A 2003, 1164, 2862)
NRS 641C.280 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or certificate; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license or
certificate shall include the social security number of the applicant in the
application submitted to the Board.
(b) An applicant for the issuance, renewal,
reinstatement or restoration of a license or certificate shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance, renewal, reinstatement or restoration of the
license or certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued, renewed, reinstated or restored by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to notify the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1999, 3052; A 2005, 2761, 2809)
NRS 641C.280 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or certificate; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance, renewal,
reinstatement or restoration of a license or certificate shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement required
pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance, renewal, reinstatement or restoration of the
license or certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued, renewed, reinstated or restored by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to notify the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1999, 3052; A 2005, 2761, 2762, 2809,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 641C.290 Examination required for license or certificate.
1. Each applicant for a license as a
clinical alcohol and drug abuse counselor must pass a written and oral
examination concerning his or her knowledge of the clinical practice of
counseling alcohol and drug abusers, the applicable provisions of this chapter
and any applicable regulations adopted by the Board pursuant to the provisions
of this chapter.
2. Each applicant for a license or
certificate as an alcohol and drug abuse counselor must pass a written and oral
examination concerning his or her knowledge of the practice of counseling
alcohol and drug abusers, the applicable provisions of this chapter and any
applicable regulations adopted by the Board pursuant to the provisions of this
chapter.
3. Each applicant for a certificate as a
problem gambling counselor must pass a written examination concerning his or
her knowledge of the practice of counseling problem gamblers, the applicable
provisions of this chapter and any applicable regulations adopted by the Board
pursuant to the provisions of this chapter.
4. The Board shall:
(a) Examine applicants at least two times each
year.
(b) Establish the time and place for the
examinations.
(c) Provide such books and forms as may be
necessary to conduct the examinations.
(d) Except as otherwise provided in NRS 622.090, establish, by regulation, the
requirements for passing the examination.
5. The Board may employ other persons to
conduct the examinations.
(Added to NRS by 1999, 3054; A 2003, 1420; 2007, 3067)
NRS 641C.300 Waiver of examination for person who holds license or
certificate in another jurisdiction. The
Board shall issue a license or certificate without examination to a person who
holds a license or certificate as a clinical alcohol and drug abuse counselor
or an alcohol and drug abuse counselor in another state, a territory or
possession of the United States or the District of Columbia if the requirements
of that jurisdiction at the time the license or certificate was issued are
deemed by the Board to be substantially equivalent to the requirements set
forth in the provisions of this chapter.
(Added to NRS by 1999, 3055; A 2007, 3067)
NRS 641C.310 Investigation and hearings related to applications for license
or certificate; grounds for denial of license or certificate.
1. The Board may hold hearings and conduct
investigations concerning any matter related to an application for a license or
certificate. In the hearings and investigations, the Board may require the
presentation of evidence.
2. The Board may refuse to issue a license
or certificate to an applicant if the Board determines that the applicant:
(a) Is not of good moral character as it relates
to the practice of counseling alcohol and drug abusers or the clinical practice
of counseling alcohol and drug abusers;
(b) Has submitted a false credential to the
Board;
(c) Has been disciplined in another state, a
possession or territory of the United States or the District of Columbia in
connection with the practice of counseling alcohol and drug abusers or the
clinical practice of counseling alcohol and drug abusers;
(d) Has committed an act in another state, a
possession or territory of the United States or the District of Columbia in
connection with the practice of counseling alcohol and drug abusers or the
clinical practice of counseling alcohol and drug abusers that would be a
violation of the provisions of this chapter if the act were committed in this
State; or
(e) Has failed to comply with any of the
requirements for a license or certificate.
(Added to NRS by 1999, 3055; A 2007, 3067)
NRS 641C.320 Issuance of provisional license or certificate; period
provisional license or certificate is valid; prohibition on renewal.
1. The Board may issue:
(a) A provisional license as a clinical alcohol
and drug abuse counselor to a person who has applied to the Board to take the
examination for a license as a clinical alcohol and drug abuse counselor and is
otherwise eligible for that license pursuant to NRS
641C.330; or
(b) A provisional license or certificate as an
alcohol and drug abuse counselor to a person who has applied to the Board to
take the examination for a license or certificate as an alcohol and drug abuse
counselor and is otherwise eligible for that license or certificate pursuant to
NRS 641C.350 or 641C.390.
2. A provisional license or certificate is
valid for not more than 1 year and may not be renewed.
(Added to NRS by 1999, 3055; A 2007, 3068)
License As Clinical Alcohol and Drug Abuse Counselor
NRS 641C.330 Requirements for issuance of license. The
Board shall issue a license as a clinical alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Has received a master’s degree or a doctoral
degree from an accredited college or university in a field of social science
approved by the Board that includes comprehensive course work in clinical
mental health, including the diagnosis of mental health disorders;
(d) Has completed a program approved by the Board
consisting of at least 2,000 hours of supervised, postgraduate counseling of
alcohol and drug abusers;
(e) Has completed a program that:
(1) Is approved by the Board; and
(2) Consists of at least 2,000 hours of
postgraduate counseling of persons with mental illness who are also alcohol and
drug abusers that is supervised by a licensed clinical alcohol and drug abuse
counselor who is approved by the Board;
(f) Passes the written and oral examinations
prescribed by the Board pursuant to NRS 641C.290;
(g) Pays the fees required pursuant to NRS 641C.470; and
(h) Submits all information required to complete
an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker
pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family
therapist pursuant to chapter 641A of NRS;
or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s
degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised
counseling of alcohol and drug abusers approved by the Board;
(e) Passes the written and oral examinations
prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all the information required to
complete an application for a license.
(Added to NRS by 2007, 3063; A 2007, 3095)
NRS 641C.331 Period license is valid; scope of practice authorized by
license.
1. A license as a clinical alcohol and
drug abuse counselor is valid for 1 year and may be renewed.
2. A licensed clinical alcohol and drug
abuse counselor may:
(a) Engage in the clinical practice of counseling
alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic
or abuser of drugs; and
(c) Supervise certified clinical alcohol and drug
abuse counselor interns and alcohol and drug abuse counselor interns.
(Added to NRS by 2007, 3065)
Certificate As Clinical Alcohol and Drug Abuse Counselor
Intern
NRS 641C.340 Requirements for issuance of certificate; period certificate is
valid; scope of practice authorized by certificate.
1. The Board shall issue a certificate as
a clinical alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Pays the fees required pursuant to NRS 641C.470;
(d) Submits proof to the Board that the person
has received a master’s degree or doctoral degree in a field of social science
approved by the Board that includes comprehensive course work in clinical
mental health, including the diagnosis of mental health disorders; and
(e) Submits all the information required to
complete an application for a certificate.
2. A certificate as a clinical alcohol and
drug abuse counselor intern is valid for 1 year and may be renewed. The Board
may waive any requirement for the renewal of a certificate upon good cause
shown by the holder of the certificate.
3. A certified clinical alcohol and drug
abuse counselor intern may, under the supervision of a licensed clinical
alcohol and drug abuse counselor:
(a) Engage in the clinical practice of counseling
alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic
or drug abuser.
(Added to NRS by 2007, 3064)
License As Alcohol and Drug Abuse Counselor
NRS 641C.350 Requirements for issuance of license. The
Board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Has received a master’s degree or a doctoral
degree from an accredited college or university in a field of social science
approved by the Board;
(d) Has completed 4,000 hours of supervised
counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations
prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all information required to complete
an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker
pursuant to chapter 641B of NRS;
(2) Licensed as a clinical professional
counselor pursuant to chapter 641A of NRS;
(3) Licensed as a marriage and family
therapist pursuant to chapter 641A of NRS;
(4) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s
degree or a doctoral degree from an accredited college or university; or
(5) Licensed as a clinical alcohol and
drug abuse counselor pursuant to this chapter;
(d) Has completed at least 6 months of supervised
counseling of alcohol and drug abusers approved by the Board;
(e) Passes the written and oral examinations
prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all information required to complete
an application for a license.
(Added to NRS by 1999, 3053; A 2005, 2762; 2007, 3068)
NRS 641C.360 Period license is valid; scope of practice authorized by
license.
1. A license as an alcohol and drug abuse
counselor is valid for 2 years and may be renewed.
2. A licensed alcohol and drug abuse
counselor may:
(a) Engage in the practice of counseling alcohol
and drug abusers;
(b) Diagnose or classify a person as an alcoholic
or abuser of drugs; and
(c) Supervise certified alcohol and drug abuse
counselor interns.
3. A licensed alcohol and drug abuse
counselor may not identify, evaluate, diagnose or treat a mental illness when a
person with mental illness is also an alcoholic or abuser of drugs.
(Added to NRS by 1999, 3053; A 2007, 3069)
Certificate As Alcohol and Drug Abuse Counselor
NRS 641C.390 Requirements for issuance of certificate; period certificate is
valid; scope of practice authorized by certificate.
1. The Board shall issue a certificate as
an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Except as otherwise provided in subsection 2,
has received a bachelor’s degree from an accredited college or university in a
field of social science approved by the Board;
(d) Has completed 4,000 hours of supervised
counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations
prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all information required to complete
an application for a certificate.
2. The Board may waive the educational
requirement set forth in paragraph (c) of subsection 1 if an applicant for a
certificate has contracted with or receives a grant from the Federal Government
to provide services as an alcohol and drug abuse counselor to persons who are
authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25
U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant
to this section for whom the educational requirement set forth in paragraph (c)
of subsection 1 is waived may provide services as an alcohol and drug abuse
counselor only to those persons who are authorized to receive those services
pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug
abuse counselor is valid for 2 years and may be renewed.
4. A certified alcohol and drug abuse
counselor may:
(a) Engage in the practice of counseling alcohol
and drug abusers; and
(b) Diagnose or classify a person as an alcoholic
or abuser of drugs.
(Added to NRS by 1999, 3053; A 2003, 1165; 2005, 2763)
Certificate As Alcohol and Drug Abuse Counselor Intern
NRS 641C.420 Requirements for issuance of certificate; period certificate is
valid; scope of practice authorized by certificate.
1. The Board shall issue a certificate as
an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Has:
(1) A high school diploma; or
(2) A general equivalency diploma or an
equivalent document;
(d) Pays the fees required pursuant to NRS 641C.470;
(e) Submits proof to the Board that the person:
(1) Is enrolled in a program from which he
or she will receive an associate’s degree, bachelor’s degree, master’s degree
or doctoral degree in a field of social science approved by the Board; or
(2) Has received an associate’s degree,
bachelor’s degree, master’s degree or doctoral degree in a field of social
science approved by the Board; and
(f) Submits all information required to complete
an application for a certificate.
2. A certificate as an alcohol and drug
abuse counselor intern is valid for 1 year and may be renewed. The Board may
waive any requirement for the renewal of a certificate upon good cause shown by
the holder of the certificate.
3. A certified alcohol and drug abuse
counselor intern may, under the supervision of a licensed alcohol and drug
abuse counselor or licensed clinical alcohol and drug abuse counselor:
(a) Engage in the practice of counseling alcohol
and drug abusers; and
(b) Diagnose or classify a person as an alcoholic
or drug abuser.
(Added to NRS by 1999, 3054; A 2003, 1165; 2005, 2763; 2007, 3069; 2013, 3293)
Certificate As Problem Gambling Counselor
NRS 641C.430 Requirements for issuance of certificate. The Board may issue a certificate as a problem
gambling counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Has received a bachelor’s degree, master’s
degree or a doctoral degree from an accredited college or university in a field
of social science approved by the Board;
(d) Has completed not less than 60 hours of
training specific to problem gambling approved by the Board;
(e) Has completed at least 2,000 hours of
supervised counseling of problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by
the Board pursuant to NRS 641C.290;
(g) Presents himself or herself when scheduled
for an interview at a meeting of the Board;
(h) Pays the fees required pursuant to NRS 641C.470; and
(i) Submits all information required to complete
an application for a certificate.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Is licensed as:
(1) A clinical social worker pursuant to chapter 641B of NRS;
(2) A clinical professional counselor
pursuant to chapter 641A of NRS;
(3) A marriage and family therapist
pursuant to chapter 641A of NRS;
(4) A physician pursuant to chapter 630 of NRS;
(5) A nurse pursuant to chapter 632 of NRS and has received a master’s
degree or a doctoral degree from an accredited college or university;
(6) A psychologist pursuant to chapter 641 of NRS;
(7) An alcohol and drug abuse counselor
pursuant to this chapter; or
(8) A clinical alcohol and drug abuse
counselor pursuant to this chapter;
(d) Has completed not less than 60 hours of
training specific to problem gambling approved by the Board;
(e) Has completed at least 1,000 hours of
supervised counseling of problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by
the Board pursuant to NRS 641C.290;
(g) Pays the fees required pursuant to NRS 641C.470; and
(h) Submits all information required to complete
an application for a certificate.
(Added to NRS by 2003, 1417; A 2005, 2764, 2814; 2007, 3069)
NRS 641C.435 Period certificate is valid; scope of practice authorized by
certificate.
1. A certificate as a problem gambling
counselor is valid for 2 years and may be renewed.
2. A certified problem gambling counselor
may:
(a) Engage in the practice of counseling problem
gamblers;
(b) Assess and evaluate a person as a problem
gambler; and
(c) If approved by the Board, supervise certified
problem gambling counseling interns.
(Added to NRS by 2003, 1418)
Certificate As Problem Gambling Counselor Intern
NRS 641C.440 Requirements for issuance of certificate; period certificate is
valid; scope of practice authorized by certificate.
1. The Board may issue a certificate as a
problem gambling counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
(c) Submits proof to the Board that the person:
(1) Has received a bachelor’s degree,
master’s degree or a doctoral degree from an accredited college or university
in a field of social science approved by the Board; or
(2) Is enrolled in a program at an
accredited college or university from which he or she will receive a bachelor’s
degree, master’s degree or a doctoral degree in a field of social science
approved by the Board;
(d) Has completed not less than 30 hours of
training specific to problem gambling approved by the Board;
(e) Demonstrates that a certified problem
gambling counselor approved by the Board has agreed to supervise him or her in
a setting approved by the Board;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits all information required to complete
an application for a certificate.
2. A certificate as a problem gambling
counselor intern is valid for 1 year and, except as otherwise provided in
subsection 3, may be renewed.
3. A certificate as a problem gambling
counselor intern issued to a person on the basis that the person is enrolled in
a program at an accredited college or university from which he or she will
receive a bachelor’s degree, master’s degree or a doctoral degree in a field of
social science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor
intern may, under the supervision of a certified problem gambling counselor:
(a) Engage in the practice of counseling problem
gamblers; and
(b) Assess and evaluate a person as a problem
gambler.
(Added to NRS by 2003, 1418; A 2005, 2765, 2814)
Expiration and Renewal; Fees
NRS 641C.450 Procedure for renewal on or before date of expiration. Except as otherwise provided in NRS 641C.320, 641C.440
and 641C.530, a person may renew his or her
license or certificate by submitting to the Board:
1. An application for the renewal of the
license or certificate;
2. The fee for the renewal of a license or
certificate prescribed in NRS 641C.470;
3. Evidence of completion of the
continuing education required by the Board;
4. If the applicant is a certified intern,
the name of the licensed or certified counselor who supervises the applicant;
and
5. All information required to complete
the renewal.
(Added to NRS by 1999, 3055; A 2003, 1166, 1421; 2005, 2765, 2814)
NRS 641C.460 Procedure for renewal or restoration after date of expiration.
1. A license or certificate that is not
renewed on or before the date on which it expires is delinquent. The Board
shall, within 30 days after the license or certificate becomes delinquent, send
a notice to the licensed or certified counselor or certified intern by
certified mail, return receipt requested, to the address of the counselor or
intern as indicated in the records of the Board.
2. A licensed or certified counselor or
certified intern may renew a delinquent license or certificate within 60 days
after the license or certificate becomes delinquent by complying with the
requirements of NRS 641C.450 and paying, in
addition to the fee for the renewal of the license or certificate, the fee for
the renewal of a delinquent license or certificate prescribed in NRS 641C.470.
3. A license or certificate expires 60
days after it becomes delinquent if it is not renewed within that period.
4. Except as otherwise provided in NRS 641C.530, a license or certificate that has
expired may be restored if the applicant:
(a) Submits to the Board an application to
restore the license or certificate;
(b) Pays the renewal fees for the period during
which the license or certificate was expired and the fee for the restoration of
a license or certificate prescribed in NRS 641C.470;
(c) Passes the oral and written examinations
prescribed by the Board;
(d) Submits to the Board evidence of completion
of the continuing education required by the Board; and
(e) Submits all information required to complete
the application.
(Added to NRS by 1999, 3056; A 2003, 1166; 2005, 2766)
NRS 641C.470 Fees.
1. The Board shall charge and collect not
more than the following fees:
For the initial
application for a license or certificate...................................... $150
For the issuance of a
provisional license or certificate.................................... 125
For the issuance of an
initial license or certificate.............................................. 60
For the renewal of a
license or certificate as an alcohol and drug abuse counselor, a license as a
clinical alcohol and drug abuse counselor or a certificate as a problem
gambling counselor........ 300
For the renewal of a
certificate as a clinical alcohol and drug abuse counselor intern, an alcohol
and drug abuse counselor intern or a problem gambling counselor intern............................................. 75
For the renewal of a
delinquent license or certificate......................................... 75
For the restoration
of an expired license or certificate..................................... 150
For the restoration
or reinstatement of a suspended or revoked license or certificate 300
For the issuance of a
license or certificate without examination................... 150
For an examination................................................................................................ 150
For the approval of a
course of continuing education.................................... 150
2. The fees charged and collected pursuant
to this section are not refundable.
(Added to NRS by 1999, 3056; A 2001, 219; 2003, 1166, 1421; 2007, 3070)
CERTIFICATION OF DETOXIFICATION TECHNICIANS
NRS 641C.500 Adoption of regulations governing certification; scope of
regulations; prohibitions; inapplicability of certain provisions of chapter.
1. The Board may, by regulation, provide
for the certification of a person as a detoxification technician.
2. Any regulation adopted pursuant to
subsection 1 must be consistent with the provisions of chapter 622A of NRS and must include, without
limitation, provisions relating to:
(a) The requirements for submitting an
application for a certificate, including, without limitation, the submission of
a complete set of fingerprints pursuant to NRS
641C.260;
(b) The scope of practice for a person who is
issued a certificate;
(c) The conduct of any investigation or hearing
relating to an application for a certificate;
(d) The examination of an applicant for a
certificate or a waiver of examination for an applicant;
(e) The requirements for issuing a certificate or
provisional certificate;
(f) The duration, expiration, renewal,
restoration, suspension, revocation and reinstatement of a certificate;
(g) The grounds for refusing the issuance,
renewal, restoration or reinstatement of a certificate;
(h) The conduct of any disciplinary or other
administrative proceeding relating to a person who is issued a certificate;
(i) The filing of a complaint against a person
who is issued a certificate;
(j) The issuance of a subpoena for the attendance
of witnesses and the production of books, papers and records;
(k) The payment of fees for:
(1) Witnesses, mileage and attendance at a
hearing or deposition; and
(2) The issuance, renewal, restoration or
reinstatement of a certificate;
(l) The imposition of a penalty for a violation
of any provision of the regulations; and
(m) The confidentiality of any record or other
information maintained by the Board relating to an applicant or the holder of a
certificate.
3. A person shall not engage in any
activity for which the Board requires a certificate as a detoxification
technician pursuant to this section unless the person is the holder of such a
certificate.
4. In addition to the provisions of
subsection 2, a regulation adopted pursuant to this section must include
provisions that are substantially similar to the requirements set forth in NRS 641C.280 and 641C.710.
Any provision included in a regulation pursuant to this subsection remains
effective until the provisions of NRS 641C.280 and
641C.710 expire by limitation.
5. Except as otherwise provided in this
section and NRS 641C.900, 641C.910
and 641C.950, the provisions of this chapter do
not apply to the holder of a certificate that is issued in accordance with a
regulation adopted pursuant to this section.
6. As used in this section,
“detoxification technician” means a person who is certified by the Board to
provide screening for the safe withdrawal from alcohol and other drugs.
(Added to NRS by 2003, 1163; A 2005, 794, 2766)
ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION
NRS 641C.530 Reports of criminal history: Use by Board in making
determinations concerning licensure and certification; power of Board to
require submission of fingerprints to obtain reports.
1. The Board may use any information included
in a report of criminal history that is obtained pursuant to this section or NRS 641C.260 in determining whether:
(a) To issue, renew, restore, suspend, revoke or
reinstate a license or certificate pursuant to this chapter; or
(b) Any ground for imposing any disciplinary
action exists pursuant to NRS 641C.700.
2. Before renewing, restoring or
reinstating the license or certificate of a licensed counselor, certified
counselor or certified intern, the Board may, by regulation, require the
licensed counselor, certified counselor or certified intern to submit to the
Board a complete set of fingerprints and written permission authorizing the
Board to forward the fingerprints to the Central Repository for Nevada Records
of Criminal History for submission to the Federal Bureau of Investigation for
its report.
3. A regulation adopted pursuant to
subsection 2 must set forth the circumstances under which the Board will
require a detoxification technician to submit fingerprints and written
authorization specified in that subsection before renewing, restoring or
reinstating a certificate.
(Added to NRS by 2003, 1164)
DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS
NRS 641C.700 Grounds for disciplinary action. The
grounds for initiating disciplinary action pursuant to the provisions of this
chapter include:
1. Conviction of:
(a) A felony relating to the practice of
counseling alcohol and drug abusers, the clinical practice of counseling
alcohol and drug abusers or the practice of counseling problem gamblers;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law
regulating the possession, distribution or use of a controlled substance or
dangerous drug as defined in chapter 453 of
NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or
certificate;
(c) Documenting the continuing education required
to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer;
or
(e) The practice of counseling alcohol and drug
abusers or the clinical practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a
license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any
other drug that impairs the ability of a licensed or certified counselor or
certified intern to engage in the practice of counseling alcohol and drug
abusers or the clinical practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling
alcohol and drug abusers or the clinical practice of counseling alcohol and
drug abusers with an expired, suspended or revoked license or certificate;
7. Engaging in behavior that is contrary
to the ethical standards as set forth in the regulations of the Board; and
8. The operation of a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility is suspended or
revoked; or
(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
(Added to NRS by 1999, 3057; A 2003, 2716; 2007, 3071; 2009, 903)
NRS 641C.710 Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person, the Board
shall deem the license or certificate to be suspended at the end of the 30th
day after the date on which the court order was issued unless the Board
receives a letter issued to the person by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the person has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. Except as otherwise provided in NRS 641C.530, the Board shall reinstate a license or
certificate that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the
person has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
(Added to NRS by 1999, 3059; A 2003, 1167; 2005, 2809)
NRS 641C.720 Filing of complaint; authorized disciplinary action;
reinstatement of suspended or revoked license or certificate; private
reprimands prohibited; orders imposing discipline deemed public records;
retention of complaints.
1. The Board or any of its members who
become aware of any ground for initiating disciplinary action against a person
engaging in the practice of counseling alcohol and drug abusers or the clinical
practice of counseling alcohol and drug abusers in this State shall, and any
other person who is so aware may, file a written complaint specifying the
relevant facts with the Board. The complaint must specifically charge one or
more of the grounds for initiating disciplinary action.
2. If, after notice and a hearing as
required by law, the Board determines that a licensed or certified counselor or
certified intern has violated a provision of this chapter or any regulation
adopted pursuant to this chapter, it may:
(a) Administer a public reprimand;
(b) Suspend the license or certificate and impose
conditions for the removal of the suspension;
(c) Revoke the license or certificate and
prescribe the requirements for the reinstatement of the license or certificate;
(d) If he or she is a licensed or certified
counselor, require him or her to be supervised by another person while engaging
in the practice of counseling alcohol and drug abusers or the clinical practice
of counseling alcohol and drug abusers;
(e) Require him or her to participate in
treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him or her to pay restitution to any
person adversely affected by his or her acts or omissions;
(g) Impose a fine of not more than $5,000; or
(h) Take any combination of the actions
authorized by paragraphs (a) to (g), inclusive.
3. If a license or certificate is revoked
or suspended pursuant to subsection 2, the licensed or certified counselor or
certified intern may apply to the Board for reinstatement of the suspended
license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the
revoked license or certificate. The Board may accept or reject the application
and may require the successful completion of an examination as a condition of
reinstatement of the license or certificate.
4. The Board shall not administer a
private reprimand.
5. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
6. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.
(Added to NRS by 1999, 3057; A 2003, 3459; 2005, 795; 2007, 3071; 2009, 904)
NRS 641C.730 Subpoenas: Issuance; enforcement; penalty for failure to obey.
1. The Board may issue subpoenas for the
attendance of witnesses and the production of books and papers.
2. The district court, in and for the
county in which a hearing is held, may compel the attendance of witnesses, the
giving of testimony and the production of books and papers as required by a
subpoena issued by the Board.
3. If a witness refuses to attend or
testify or to produce any books or papers required by a subpoena, the Board may
file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place
for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the Board
pursuant to this section;
(c) The witness has failed or refused to attend
or produce the books or papers required by the subpoena before the Board in the
cause or proceeding named in the subpoena, or has refused to answer questions
propounded to him or her in the course of the hearing; and
(d) The Board therefore requests an order of the
court compelling the witness to attend and testify or produce the books and
papers before the Board.
4. The court, upon such a petition, shall
enter an order directing the witness to appear before the court at a time and
place fixed by the court in the order, and to show cause why the witness has
not attended or testified or produced the books or papers before the Board. The
time may not be more than 10 days after the date of the order. A certified copy
of the order must be served upon the witness.
5. If the court determines that the
subpoena was regularly issued by the Board, the court shall enter an order that
the witness appear before the Board at the time and place fixed in the order,
and testify or produce the required books or papers. The failure to obey the
order is a contempt of the court that issued it.
(Added to NRS by 1999, 3059)
NRS 641C.740 Payment of fees and mileage for witnesses. Each witness who appears by an order of the
Board is entitled to receive for his or her attendance the same fees and
mileage allowed by law to a witness in a civil case. The amount must be paid by
the party who requested the subpoena. If a witness who has not been required to
attend at the request of any party is subpoenaed by the Board, his or her fees
and mileage must be paid from the money of the Board.
(Added to NRS by 1999, 3059)
NRS 641C.760 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
2. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
3. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 1999, 3058; A 2003, 3460; 2005, 796; 2007, 2145)
UNLAWFUL ACTS; REMEDIES; PENALTIES
NRS 641C.900 Unlawful to engage in practice of counseling alcohol and drug
abusers, clinical practice of counseling alcohol and drug abusers or practice
of counseling problem gamblers without being licensed or certified; exceptions.
1. Except as otherwise provided in
subsection 2, a person shall not engage in the practice of counseling alcohol
and drug abusers, the clinical practice of counseling alcohol and drug abusers
or the practice of counseling problem gamblers unless the person is a licensed
counselor, certified counselor or certified intern.
2. A person may engage in the practice of
counseling alcohol and drug abusers under the supervision of a licensed
counselor, the clinical practice of counseling alcohol and drug abusers under
the supervision of a clinical alcohol and drug abuse counselor or the practice
of counseling problem gamblers under the supervision of a certified counselor
for not more than 30 days if that person:
(a) Is qualified to be licensed or certified
pursuant to the provisions of this chapter; and
(b) Submits an application to the Board for a
license or certificate pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3054; A 2003, 1422; 2007, 3072)
NRS 641C.910 Unlawful to engage in certain acts, use certain titles or make
certain representations without being licensed or certified; civil action for
injunctive relief.
1. A person shall not:
(a) Hold himself or herself out to a member of
the general public as a clinical alcohol and drug abuse counselor, a clinical
alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor,
an alcohol and drug abuse counselor intern, a problem gambling counselor or a
problem gambling counselor intern;
(b) Use the title “clinical alcohol and drug
abuse counselor,” “clinical alcohol and drug abuse counselor intern,” “alcohol
and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug
abuse counselor,” “substance abuse counselor,” “problem gambling counselor,”
“problem gambling counselor intern,” “gambling counselor,” “detoxification
technician” or any similar title in connection with his or her work; or
(c) Imply in any way that he or she is licensed
or certified by the Board,
Ê unless the
person is licensed or certified by the Board pursuant to the provisions of this
chapter or a regulation adopted pursuant to NRS
641C.500.
2. If the Board believes that any person
has violated or is about to violate any provision of this chapter or a
regulation adopted pursuant thereto, it may bring an action in a court of
competent jurisdiction to enjoin the person from engaging in or continuing the
violation. An injunction:
(a) May be issued without proof of actual damage
sustained by any person.
(b) Does not prevent the criminal prosecution and
punishment of a person who violates a provision of this chapter or a regulation
adopted pursuant thereto.
(Added to NRS by 1999, 3060; A 2003, 1167, 1422; 2007, 3072)
NRS 641C.950 Penalties. A person
who violates any provision of this chapter or a regulation adopted pursuant
thereto is guilty of a misdemeanor.
(Added to NRS by 1999, 3058; A 2003, 1168)
