[Rev. 2/11/2015 11:45:21 AM--2014R2]

CHAPTER 641 - PSYCHOLOGISTS, LICENSED BEHAVIOR ANALYSTS, LICENSED ASSISTANT BEHAVIOR ANALYSTS AND CERTIFIED AUTISM BEHAVIOR INTERVENTIONISTS

GENERAL PROVISIONS

NRS 641.010           Legislative declaration.

NRS 641.020           Definitions.

NRS 641.0202         “Assistant behavior analyst” defined.

NRS 641.0204         “Autism behavior interventionist” defined.

NRS 641.0206         “Behavior analyst” defined.

NRS 641.021           “Board” defined.

NRS 641.022           “Community” defined.

NRS 641.023           “Gross malpractice” defined.

NRS 641.024           “Malpractice” defined.

NRS 641.0243         “National examination” defined.

NRS 641.0245         “Patient” defined.

NRS 641.0247         “Practice of applied behavior analysis” defined.

NRS 641.025           “Practice of psychology” defined.

NRS 641.026           “Professional incompetence” defined.

NRS 641.027           “Psychologist” defined.

NRS 641.029           Applicability of chapter.

BOARD OF PSYCHOLOGICAL EXAMINERS

NRS 641.030           Creation; number and appointment of members.

NRS 641.035           Terms of members; limitation on consecutive terms.

NRS 641.040           Qualifications of members; representative of general public; conflict of interest.

NRS 641.070           Meetings; quorum.

NRS 641.080           Officers.

NRS 641.085           Seal.

NRS 641.090           Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

NRS 641.100           Rules and regulations.

NRS 641.110           General powers.

NRS 641.112           Duty of psychologist to limit practice to areas of competence; enforcement and regulation by Board.

NRS 641.113           Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty.

NRS 641.115           Offices; employees; payment of expenses.

NRS 641.125           Hearings and investigations; taking evidence.

NRS 641.135           Civil liability.

NRS 641.140           Compensation of members and employees.

LICENSING AND CERTIFICATION

NRS 641.160           Application and fee for license.

NRS 641.170           Qualifications of applicants for licensure as psychologist, behavior analyst and assistant behavior analysts; Board to evaluate application and issue statement of determination; contents of statement.

NRS 641.172           Qualifications of applicant for certification as autism behavior interventionist; Board to evaluate application and issue statement of determination; contents of statement.

NRS 641.175           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 641.175           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 641.180           Examination of applicant for license as psychologist; waiver.

NRS 641.190           Licensing of psychologist licensed or certified in another state.

NRS 641.220           Renewal of license or certificate: Application; fee; declaration of areas of competence by psychologist; continuing education.

NRS 641.225           Psychologist required to practice under name that appears on license; affiliation with firm, partnership or corporation authorized under certain circumstances.

DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS

NRS 641.230           Grounds for disciplinary action.

NRS 641.232           Board to adopt regulations establishing grounds for disciplinary action for licensed behavior analysts, licensed assistant behavior analysts and certified autism behavior interventionists.

NRS 641.240           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641.242           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 641.243           Service of process; publication of notice.

NRS 641.245           Subpoenas.

NRS 641.250           Filing of complaints concerning psychologists; retention of complaints.

NRS 641.270           Review of complaint by Board; authority of Board to retain Attorney General to investigate complaint.

NRS 641.2705         Investigation into unlicensed activity as psychologist; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation.

NRS 641.271           Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; action by Board; authority of Attorney General to charge Board for services.

NRS 641.272           Mental or physical examination of psychologist required by Board; consent to examination; confidentiality of reports; immediate suspension for failure to submit to examination.

NRS 641.273           Examination regarding competency to practice psychology.

NRS 641.274           Time limited after suspension of license of psychologist pending disciplinary proceedings.

NRS 641.276           Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 641.285           Proof of actual injury; evidence of conviction or revocation of license to practice psychology; plea of nolo contendere.

NRS 641.312           Judicial review.

NRS 641.314           Temporary restraining order or preliminary injunction against psychologist pending disciplinary proceedings.

NRS 641.316           Injunction against person practicing psychology without license.

NRS 641.318           Immunity of certain persons from civil liability.

NRS 641.320           Procedure for removing limitation, terminating probation or reinstating license.

FEES AND REVENUE

NRS 641.350           Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

NRS 641.370           Fees.

NRS 641.380           Deposit and expenditure of money.

SCOPE OF REGULATION

NRS 641.390           Representation or practice as psychologist without license prohibited; exceptions.

NRS 641.395           Licensed assistant behavior analysts and certified autism behavior interventionists: Limitations on practice.

NRS 641.410           Practice by nonresident psychologist as consultant.

UNLAWFUL ACTS

NRS 641.440           Penalty.

_________

 

GENERAL PROVISIONS

      NRS 641.010  Legislative declaration.  The practice of psychology is hereby declared to be a learned profession, affecting public safety, health and welfare and subject to regulation to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology.

      (Added to NRS by 1963, 187; A 1989, 1539)

      NRS 641.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.0202 to 641.027, inclusive, and 689A.0435 have the meanings ascribed to them in those sections.

      (Added to NRS by 1963, 187; A 1973, 787; 1985, 535, 1911; 1989, 1540; 1995, 2492; 2009, 1481, 2988; 2011, 2615)

      NRS 641.0202  “Assistant behavior analyst” defined.  “Assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as an assistant behavior analyst by the Board.

      (Added to NRS by 2011, 2614)

      NRS 641.0204  “Autism behavior interventionist” defined.  “Autism behavior interventionist” means a person who is certified as an autism behavior interventionist by the Board.

      (Added to NRS by 2011, 2614)

      NRS 641.0206  “Behavior analyst” defined.  “Behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board.

      (Added to NRS by 2011, 2614)

      NRS 641.021  “Board” defined.  “Board” means the Board of Psychological Examiners.

      (Added to NRS by 1985, 1905)

      NRS 641.022  “Community” defined.  “Community” means the entire area customarily served by psychologists among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual psychologist or the particular city or place where the psychologist has his or her office.

      (Added to NRS by 1985, 1905)

      NRS 641.023  “Gross malpractice” defined.  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Practicing psychology or psychotherapy with a patient while the psychologist is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;

      2.  Gross negligence;

      3.  Willful disregard of established methods and procedures in the practice of psychology; or

      4.  Willful and consistent use of methods and procedures considered by psychologists in the community to be inappropriate or unnecessary in the cases where used.

      (Added to NRS by 1985, 1905; A 1987, 483, 1570, 1576)

      NRS 641.024  “Malpractice” defined.  “Malpractice” means failure on the part of a psychologist to exercise the degree of care, diligence and skill ordinarily exercised by psychologists in good standing in the community.

      (Added to NRS by 1985, 1905)

      NRS 641.0243  “National examination” defined.  “National examination” means the Examination for Professional Practice in Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board.

      (Added to NRS by 2009, 2988)

      NRS 641.0245  “Patient” defined.  “Patient” means a person who consults or is examined or interviewed by a psychologist for purposes of diagnosis or treatment.

      (Added to NRS by 1995, 2492)

      NRS 641.0247  “Practice of applied behavior analysis” defined.  “Practice of applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior. The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or autism behavior interventionist.

      (Added to NRS by 2011, 2615)

      NRS 641.025  “Practice of psychology” defined.  “Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:

      1.  Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;

      2.  Counseling;

      3.  Psychoanalysis;

      4.  Psychotherapy;

      5.  Hypnosis;

      6.  Biofeedback;

      7.  Analysis and therapy relating to behavior;

      8.  Diagnosis and treatment of mental or emotional disorders, alcoholism and substance abuse, including, without limitation, disorders of habit or conduct;

      9.  Psychological aspects of physical injury, illness, accident or disability; and

      10.  Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.

      (Added to NRS by 1985, 1906; A 1995, 2493; 1999, 204)

      NRS 641.026  “Professional incompetence” defined.  “Professional incompetence” means lack of ability to practice psychology safely and skillfully arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental ability; or

      3.  Dependence upon an alcoholic beverage as defined in NRS 202.015 or any controlled substance.

      (Added to NRS by 1985, 1906; A 1987, 483, 1570, 1577)

      NRS 641.027  “Psychologist” defined.  “Psychologist” means a person who:

      1.  Is a graduate of an academic program approved by the Board and is qualified to practice psychology by reason of education, practical training and experience determined by the Board to be satisfactory; and

      2.  Has received from the Board a license to practice psychology.

      (Added to NRS by 1985, 1906; A 1989, 1540)

      NRS 641.029  Applicability of chapter.  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A person who is licensed to practice dentistry in this State;

      3.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      4.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

      6.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS; or

      8.  Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

      (Added to NRS by 1985, 1906; A 1987, 1122, 2123, 2134; 1989, 1540; 1991, 991; 1993, 1890; 1995, 2493; 1999, 1887, 3060; 2003, 1416; 2007, 3051)

BOARD OF PSYCHOLOGICAL EXAMINERS

      NRS 641.030  Creation; number and appointment of members.  The Board of Psychological Examiners, consisting of seven members appointed by the Governor, is hereby created.

      (Added to NRS by 1963, 188; A 1977, 1258; 2009, 1481)

      NRS 641.035  Terms of members; limitation on consecutive terms.  After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.

      (Added to NRS by 1989, 1539; A 1991, 495)

      NRS 641.040  Qualifications of members; representative of general public; conflict of interest.

      1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who is a licensed behavior analyst in the State of Nevada.

      (c) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      (d) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he or she is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public:

      (a) Shall not participate in preparing, conducting or grading any examination required by the Board.

      (b) Must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      (Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540; 2003, 1197; 2009, 1481)

      NRS 641.070  Meetings; quorum.  The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.

      (Added to NRS by 1963, 188; A 1999, 204)

      NRS 641.080  Officers.  At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      (Added to NRS by 1963, 188)

      NRS 641.085  Seal.  The Board shall procure a seal.

      (Added to NRS by 1985, 1906)

      NRS 641.090  Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

      1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

      (a) A record of all its meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all licenses.

      (e) A register of all holders of licenses.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  Except as otherwise provided in NRS 239.0115, the Board may keep the personnel records of applicants confidential.

      4.  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.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  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 1963, 188; A 1979, 1352; 1989, 1540; 2003, 3457; 2005, 787; 2007, 2144)

      NRS 641.100  Rules and regulations.  The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination, licensure and certification of applicants, the granting, refusal, revocation or suspension of licenses and certificates, the practice of psychology and the practice of applied behavior analysis.

      (Added to NRS by 1963, 189; A 1989, 1541; 2009, 1482; 2011, 2615)

      NRS 641.110  General powers.  The Board may, under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of the applicants for licensure and certification.

      2.  License and certify qualified applicants.

      3.  Revoke or suspend licenses and certificates.

      4.  Collect all fees and make disbursements pursuant to this chapter.

      (Added to NRS by 1963, 189; A 1989, 1541; 2009, 1482)

      NRS 641.112  Duty of psychologist to limit practice to areas of competence; enforcement and regulation by Board.

      1.  A licensed psychologist shall limit his or her practice of psychology to his or her areas of competence, as documented by education, training and experience.

      2.  The Board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that licensed psychologists limit their practice of psychology to their areas of competence.

      (Added to NRS by 1989, 1539; A 1995, 2494; 2011, 93)

      NRS 641.113  Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty.

      1.  A firm, partnership or corporation which engages in or offers to engage in the practice of psychology shall register with the Board.

      2.  The Board shall adopt regulations which prescribe the requirements for such registration.

      3.  Any firm, partnership or corporation which violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      (Added to NRS by 1995, 2492)

      NRS 641.115  Offices; employees; payment of expenses.

      1.  The Board may:

      (a) Maintain offices in as many localities in the State as it considers necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators, consultants, hearings officers and employees necessary to the discharge of its duties.

      2.  Any expense incurred by the Board may not be paid out of the State General Fund.

      (Added to NRS by 1985, 1906)

      NRS 641.125  Hearings and investigations; taking evidence.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.

      (Added to NRS by 1985, 1908; A 2005, 787)

      NRS 641.135  Civil liability.  A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

      (Added to NRS by 1989, 1539)

      NRS 641.140  Compensation of members and employees.

      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 state officers and employees 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 state officers and employees generally.

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees paid or transmitted to the Board pursuant to the provisions of this chapter, and no part thereof may be paid out of the State Treasury.

      (Added to NRS by 1963, 189; A 1975, 305; 1981, 1994; 1985, 1911; 1989, 1702; 2007, 2954)

LICENSING AND CERTIFICATION

      NRS 641.160  Application and fee for license.

      1.  Each person desiring a license must:

      (a) Make application to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

             (2) Submit to the Board:

                   (I) 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 a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

      2.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

      (b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 4 of NRS 641.170 until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      (Added to NRS by 1963, 191; A 1989, 1541; 1997, 2153; 2005, 2756, 2807; 2009, 2988)

      NRS 641.170  Qualifications of applicants for licensure as psychologist, behavior analyst and assistant behavior analysts; Board to evaluate application and issue statement of determination; contents of statement.

      1.  Each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  Each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a master’s degree from an accredited college or university in a field of social science or special education and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      3.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a bachelor’s degree from an accredited college or university in a field of social science or special education approved by the Board and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      4.  Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and

      (b) Issue a written statement to the applicant of its determination.

      5.  The written statement issued to the applicant pursuant to subsection 4 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      (Added to NRS by 1963, 191; A 1971, 221; 1977, 1567; 1987, 2081; 1989, 1541; 1995, 2494; 2009, 1482; 2011, 2615)

      NRS 641.172  Qualifications of applicant for certification as autism behavior interventionist; Board to evaluate application and issue statement of determination; contents of statement.

      1.  Each application for certification as an autism behavior interventionist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 18 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      (e) Has completed satisfactorily a standardized practical examination developed and approved by the Board. The examination must be conducted by the applicant’s supervisor, who shall make a videotape or other audio and visual recording of the applicant’s performance of the examination for submission to the Board. The Board may review the recording as part of its evaluation of the applicant’s qualifications.

      2.  Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for certification as an autism behavior interventionist; and

      (b) Issue a written statement to the applicant of its determination.

      3.  If the Board determines that the qualifications of the applicant are insufficient for certification, the written statement issued to the applicant pursuant to subsection 2 must include a detailed explanation of the reasons for that determination.

      (Added to NRS by 2009, 1480; A 2011, 2616)

      NRS 641.175  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 or renewal 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 or renewal of the license or certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed 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 contact 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 1997, 2152; A 2005, 2756, 2807; 2011, 94)

      NRS 641.175  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 or renewal 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 or renewal of the license or certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed 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 contact 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 1997, 2152; A 2005, 2756, 2757, 2807; 2011, 94, 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 641.180  Examination of applicant for license as psychologist; waiver.

      1.  Except as otherwise provided in this section and NRS 641.190, each applicant for a license as a psychologist must pass the national examination. In addition to the national examination, the Board may require an examination in whatever applied or theoretical fields it deems appropriate.

      2.  The Board shall notify each applicant of the results of the national examination and any other examination required pursuant to subsection 1.

      3.  The Board may waive the requirement of the national examination for a person who:

      (a) Is licensed in another state;

      (b) Has at least 10 years’ experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      (Added to NRS by 1963, 191; A 1979, 1352; 1987, 2081; 1989, 1541; 1995, 2494; 1999, 205; 2009, 1483, 2989)

      NRS 641.190  Licensing of psychologist licensed or certified in another state.  The Board may:

      1.  Grant a license as a psychologist without any examination to any person certified or licensed by a board of psychological examiners of another state if the Board determines that the requirements in that state are at least equivalent to the requirements of this chapter.

      2.  Authorize a psychologist licensed or certified pursuant to the laws of another state to practice psychology for 1 year or less if the psychologist has:

      (a) Made application to the Board for licensure;

      (b) Met the requirements of education and experience for licensure in this State; and

      (c) Not been disciplined in another state in connection with a license to practice psychology or has not committed any act in another state which is a violation of this chapter.

      (Added to NRS by 1963, 191; A 1989, 1542; 1995, 2495; 2011, 95)

      NRS 641.220  Renewal of license or certificate: Application; fee; declaration of areas of competence by psychologist; continuing education.

      1.  To renew a license or certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) Pay the biennial fee for the renewal of a license or certificate;

      (c) Submit evidence to the Board of completion of the requirements for continuing education; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license or certificate, require each holder to comply with the requirements for continuing education adopted by the Board.

      (Added to NRS by 1963, 192; A 1985, 548, 1911; 1989, 1542; 1995, 2495; 1997, 2153; 2005, 2757, 2807; 2011, 95)

      NRS 641.225  Psychologist required to practice under name that appears on license; affiliation with firm, partnership or corporation authorized under certain circumstances.

      1.  Except as otherwise provided in subsection 2, a psychologist may practice only under the name that appears on the license to practice psychology issued to the psychologist by the Board.

      2.  A psychologist may associate with a firm, partnership or corporation which engages in or offers to engage in the practice of psychology if:

      (a) The firm, partnership or corporation is registered with the Board; and

      (b) The name and license of each psychologist associated with the firm, partnership or corporation is displayed conspicuously at the place where he or she practices psychology.

      (Added to NRS by 1995, 2492)

DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS

      NRS 641.230  Grounds for disciplinary action.  The Board may suspend or revoke a person’s license as a psychologist, behavior analyst or assistant behavior analyst or certificate as an autism behavior interventionist, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by substantial evidence that the person has:

      1.  Been convicted of a felony relating to the practice of psychology or the practice of applied behavior analysis.

      2.  Been convicted of any crime or offense that reflects the inability of the person to practice psychology or applied behavior analysis with due regard for the health and safety of others.

      3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology or the practice of applied behavior analysis.

      5.  Aided or abetted the practice of psychology by a person not licensed by the Board.

      6.  Made any fraudulent or untrue statement to the Board.

      7.  Violated a regulation adopted by the Board.

      8.  Had a license to practice psychology or a license or certificate to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      9.  Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      12.  Engaged in sexual activity with a patient or client.

      13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      14.  Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      15.  Operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted 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 1963, 192; A 1985, 1912; 1987, 1570; 1989, 1542; 1993, 795; 1995, 2495; 1999, 205; 2003, 2715; 2005, 787; 2009, 900; 2011, 859, 2617)

      NRS 641.232  Board to adopt regulations establishing grounds for disciplinary action for licensed behavior analysts, licensed assistant behavior analysts and certified autism behavior interventionists.  The Board shall adopt regulations that establish the grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist.

      (Added to NRS by 2009, 1481)

      NRS 641.240  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license or certificate for a period of not more than 1 year.

      (d) Revoke the person’s license or certificate.

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend the person’s license or certificate and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      (Added to NRS by 1963, 192; A 1985, 1913; 1989, 1543; 2003, 3457; 2005, 788; 2011, 2618)

      NRS 641.242  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 who is the holder of a license or certificate issued pursuant to this chapter, the Board shall deem the license or certificate issued to that person 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 holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or certificate issued pursuant to this chapter 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 whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2153; A 2005, 2807; 2011, 95)

      NRS 641.243  Service of process; publication of notice.  Except as otherwise provided in chapter 622A of NRS:

      1.  Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the psychologist at his or her last known address, as indicated on the records of the Board, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the psychologist’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Board and must be recorded in the minutes of the Board.

      (Added to NRS by 1985, 1909; A 2005, 789)

      NRS 641.245  Subpoenas.

      1.  The Board, any member thereof, a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients, and any other article related to the practice of psychology.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify before the Board, a panel of its members or a hearing officer, or produce the articles as required by the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Board, a panel of its members or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added to NRS by 1985, 1910)

      NRS 641.250  Filing of complaints concerning psychologists; retention of complaints.

      1.  The Board or any of its members, any review panel of a hospital or an association of psychologists which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

      2.  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 1963, 192; A 1985, 1913; 2009, 901)

      NRS 641.270  Review of complaint by Board; authority of Board to retain Attorney General to investigate complaint.  When a complaint is filed with the Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Board may:

      1.  Retain the Attorney General to investigate the complaint; and

      2.  If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

      (Added to NRS by 1963, 192; A 1985, 1913; 2011, 370)

      NRS 641.2705  Investigation into unlicensed activity as psychologist; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation.

      1.  The Board shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

      2.  If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license from the Board;

      (b) May issue a citation to the person; and

      (c) Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.

      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 641.390 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 641.390, the Board shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.

      (Added to NRS by 2011, 72)

      NRS 641.271  Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; action by Board; authority of Attorney General to charge Board for services.

      1.  If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      3.  If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 1.

      (Added to NRS by 1985, 1907; A 2011, 95, 370)

      NRS 641.272  Mental or physical examination of psychologist required by Board; consent to examination; confidentiality of reports; immediate suspension for failure to submit to examination.

      1.  Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.

      2.  Every psychologist licensed under this chapter who accepts the privilege of practicing psychology in this State shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the Board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist to submit to an examination as provided in this section constitutes grounds for the immediate suspension of the psychologist’s license.

      (Added to NRS by 1985, 1907; A 1989, 1544; 2005, 789)

      NRS 641.273  Examination regarding competency to practice psychology.  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any psychologist has raised a reasonable question as to competence to practice psychology with reasonable skill and safety to patients, the Board may require the psychologist to take a written or oral examination to determine whether the psychologist is competent to practice psychology. If an examination is required, the reasons therefor must be documented and made available to the psychologist being examined.

      (Added to NRS by 1985, 1908; A 2005, 789)

      NRS 641.274  Time limited after suspension of license of psychologist pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist pending proceedings for disciplinary action and requires the psychologist to submit to a mental or physical examination or an examination of his or her competency to practice psychology, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.

      (Added to NRS by 1985, 1908; A 1989, 1544; 2005, 789)

      NRS 641.276  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

      (Added to NRS by 1985, 1909; A 1989, 1544; 1993, 796; 2005, 790)

      NRS 641.285  Proof of actual injury; evidence of conviction or revocation of license to practice psychology; plea of nolo contendere.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of psychology harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      (Added to NRS by 1985, 1909; A 2005, 790)

      NRS 641.312  Judicial review.

      1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked is entitled to judicial review of the order.

      2.  Every order which limits the practice of psychology or suspends or revokes a license is effective from the date the Board certifies the order until the date the order is modified or reversed by a final judgment of the court.

      3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

      (Added to NRS by 1985, 1909; A 1989, 1545, 1659)

      NRS 641.314  Temporary restraining order or preliminary injunction against psychologist pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist which is harmful to the public, to limit the psychologist’s practice or to suspend the license to practice psychology, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      (Added to NRS by 1985, 1908; A 1989, 1545; 2005, 790)

      NRS 641.316  Injunction against person practicing psychology without license.

      1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a license.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Does not relieve any person from criminal prosecution for practicing without a license.

      (Added to NRS by 1985, 1911; A 1989, 1546)

      NRS 641.318  Immunity of certain persons from civil liability.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the discipline of a psychologist for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      (Added to NRS by 1985, 1910; A 1989, 1546; 2005, 790)

      NRS 641.320  Procedure for removing limitation, terminating probation or reinstating license.

      1.  Any person:

      (a) Whose practice of psychology has been limited;

      (b) Whose license has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Board, a panel of its members or a hearing officer may apply to the Board after 1 year for removal of the limitation or termination of the probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      (Added to NRS by 1963, 193; A 1985, 1914; 1989, 1546; 2005, 791)

FEES AND REVENUE

      NRS 641.350  Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

      1.  The license of any person who fails to pay the biennial fee for the renewal of a license within 60 days after the date when it is due is automatically suspended. The Board may, within 2 years after the date the license is so suspended, reinstate the license upon payment to the Board of the amount of the then current biennial fee for the renewal of a license and the amount of the fee for the restoration of a license so suspended. If the license is not reinstated within 2 years, the Board may reinstate the license only if it also determines that the holder of the license is competent to practice psychology.

      2.  A notice must be sent to any person who fails to pay the biennial fee, informing the person that the license is suspended.

      (Added to NRS by 1963, 193; A 1985, 1915; 1989, 1547; 1995, 2496)

      NRS 641.370  Fees.

      1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination              $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination........................................................ 100

For the issuance of an initial license or certificate............................................. 25

For the biennial renewal of a license of a psychologist................................... 500

For the biennial renewal of a license of a licensed behavior analyst............ 400

For the biennial renewal of a license of a licensed assistant behavior analyst 275

For the biennial renewal of a certificate of a certified autism behavior interventionist            175

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license 100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology............................................................................................................................. 300

For the registration of a nonresident to practice as a consultant................... 100

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  An applicant who passes the examination and is eligible for a license as a behavior analyst or assistant behavior analyst or a certificate as a autism behavior interventionist shall pay the biennial fee for the renewal of a license or certificate, which must be prorated for the period from the date the license or certificate is issued to the end of the biennium.

      4.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      (Added to NRS by 1963, 193; A 1979, 1352; 1985, 1915; 1989, 1547; 1995, 2496; 2007, 2954; 2009, 1483, 2990)

      NRS 641.380  Deposit and expenditure of money.  All money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.

      (Added to NRS by 1963, 194; A 1999, 1536)

SCOPE OF REGULATION

      NRS 641.390  Representation or practice as psychologist without license prohibited; exceptions.

      1.  A person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency.

      2.  This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.

      3.  This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

      4.  A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern,” “psychological resident” or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.

      5.  A person who is certified as a school psychologist by the State Board of Education may use the title “school psychologist” or “certified school psychologist” in connection with activities relating to school psychologists.

      (Added to NRS by 1963, 189; A 1973, 787; 1989, 1547)

      NRS 641.395  Licensed assistant behavior analysts and certified autism behavior interventionists: Limitations on practice.

      1.  A licensed assistant behavior analyst shall not provide or supervise behavior therapy except under the supervision of:

      (a) A licensed psychologist; or

      (b) A licensed behavior analyst.

      2.  A certified autism behavior interventionist shall not provide behavior therapy except under the supervision of:

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.

      (Added to NRS by 2009, 1481)

      NRS 641.410  Practice by nonresident psychologist as consultant.  A psychologist, not a resident of Nevada and not licensed in Nevada, who is certified or licensed in another state whose requirements for certification or licensure are equivalent to the requirements of this chapter is not subject to the provisions of this chapter if the psychologist does not practice psychology in the State of Nevada for over 30 days in any 1 calendar year, and if the psychologist is invited as a consultant by a psychologist licensed in Nevada.

      (Added to NRS by 1963, 190; A 1989, 1548)

UNLAWFUL ACTS

      NRS 641.440  Penalty.  Any person who:

      1.  Presents as his or her own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board or any member thereof, in connection with an application for a license;

      3.  Practices psychology under a false or assumed name or falsely personates another psychologist of a like or different name;

      4.  Except as provided in NRS 641.390, 641.410 and 641A.410, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license; or

      5.  Practices psychology unless he or she has been issued a license,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 1963, 194; A 1967, 643; 1973, 789; 1985, 1916; 1989, 1548)