Nrs: Chapter 641C - Alcohol, Drug And Gambling Counselors And Detoxification Technicians

Link to law: https://www.leg.state.nv.us/NRS/NRS-641C.html
Published: 2015

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[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)