NRS: CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING COUNSELORS

[Rev. 6/29/2024 4:49:20 PM--2023]

CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING COUNSELORS

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 persons with alcohol and other substance use disorders” defined.

NRS 641C.070 “Habitual use” defined.

NRS 641C.080 “License” defined.

NRS 641C.090 “Licensed counselor” defined.

NRS 641C.100 “Practice of counseling persons with alcohol and other substance use disorders” defined.

NRS 641C.105 “Practice of counseling persons with an addictive disorder related to gambling” defined.

NRS 641C.110 “Problem gambling” defined.

NRS 641C.130 Applicability of chapter.

BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS

NRS 641C.150 Creation; appointment and qualifications of members; limitations on civil liability.

NRS 641C.155 Required orientation for new members of Board; policies concerning compensation and performance reviews of staff.

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 Salary of members; per diem allowance and travel expenses of members and employees.

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; claims for attorney’s fees and costs of investigation.

NRS 641C.200 Regulations.

NRS 641C.205 Forms for licensure and certification.

NRS 641C.210 Duties of Executive Director.

NRS 641C.220 Interlocal agreements with Indian tribes.

NRS 641C.230 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

NRS 641C.240 Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance.

LICENSES AND CERTIFICATES

General Provisions

NRS 641C.250 License or certificate is revocable privilege; holder acquires no vested right.

NRS 641C.260 Application for license or certificate: Submission of application, fingerprints and fee.

NRS 641C.265 Application for license or certificate: Submission of official transcripts by alternate means.

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 as counselor.

NRS 641C.300 Waiver of examination for person who holds license or certificate as clinical alcohol and drug counselor or alcohol and drug counselor in another jurisdiction.

NRS 641C.310 Investigations 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 as clinical alcohol and drug counselor or alcohol and drug counselor; period of validity; prohibition on renewal.

License As Clinical Alcohol and Drug Counselor

NRS 641C.330 Requirements for issuance of license.

NRS 641C.3306 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

NRS 641C.331 Period of validity of license; scope of practice authorized by license.

Certificate As Clinical Alcohol and Drug Counselor Intern

NRS 641C.340 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

License As Alcohol and Drug Counselor

NRS 641C.350 Requirements for issuance of license.

NRS 641C.356 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

NRS 641C.360 Period of validity of license; scope of practice authorized by license.

Certificate As Alcohol and Drug Counselor

NRS 641C.390 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

NRS 641C.396 Expedited certificate by endorsement: Requirements; procedure for issuance; provisional certificate pending action on application.

Certificate As Alcohol and Drug Counselor Intern

NRS 641C.420 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

Certificate As Problem Gambling Counselor

NRS 641C.430 Requirements for issuance of certificate.

NRS 641C.433 Expedited certificate by endorsement: Requirements; procedure for issuance; provisional certificate pending action on application.

NRS 641C.435 Period of validity of certificate; scope of practice authorized by certificate.

Certificate As Problem Gambling Counselor Intern

NRS 641C.440 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

Expiration and Renewal; Fees

NRS 641C.450 Requirements for renewal of license or certificate on or before date of expiration. [Effective through June 30, 2026.]

NRS 641C.450 Requirements for renewal of license or certificate on or before date of expiration. [Effective July 1, 2026.]

NRS 641C.455 Renewal of license or certificate: Authority of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 641C.460 Procedure for renewal or restoration after date of expiration.

NRS 641C.470 Fees.

ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION

NRS 641C.530 Reports of criminal history: Use by Board in making determinations concerning licensure and certification and disciplinary action; authority of Board to require submission of fingerprints to obtain reports; authority of Board to consider certain charges in evaluating applicant or licensee’s criminal history; regulations.

NRS 641C.540 Inactive status: Application; effect; regulations.

MISCELLANEOUS PROVISIONS

NRS 641C.600 Inquiry into and documentation of veteran status of new adult clients; provision of contact information for Department of Veterans Services.

NRS 641C.610 Recordings of certain training activities: Retention; requirements; compliance with and applicability of provisions governing health care records; regulations.

NRS 641C.620 Duty of alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor who diagnoses client as having opioid use disorder to counsel and provide certain information to client and refer client for medication-assisted treatment upon request.

DISCIPLINARY AND OTHER ACTIONS

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.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 641C.910 Unlawful to engage in certain acts, use certain titles or make certain representations without being licensed or certified; injunctive relief.

NRS 641C.950 Penalties.

NRS 641C.960 Additional penalties.

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GENERAL PROVISIONS

NRS 641C.010 Legislative declaration. The practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders and the practice of counseling persons with an addictive disorder related to gambling 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 persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders and the practice of counseling persons with an addictive disorder related to gambling by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling persons with alcohol and other substance use disorders, licensed to engage in the clinical practice of counseling persons with alcohol and other substance use disorders or certified to engage in the practice of counseling persons with an addictive disorder related to gambling.

(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 counselor, a clinical alcohol and drug counselor intern, an alcohol and drug 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 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 counselor intern, an alcohol and drug 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 persons with alcohol and other substance use disorders” defined.

1. “Clinical practice of counseling persons with alcohol and other substance use disorders” 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 also has an alcohol or other substance use disorder.

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 counselor or a clinical alcohol and drug 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 counselor or a clinical alcohol and drug counselor pursuant to the provisions of this chapter.

(Added to NRS by 1999, 3049; A 2007, 3065)

NRS 641C.100 “Practice of counseling persons with alcohol and other substance use disorders” defined. “Practice of counseling persons with alcohol and other substance use disorders” 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 persons with an addictive disorder related to gambling” defined. “Practice of counseling persons with an addictive disorder related to gambling” 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 of chapter. 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 persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

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 persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

6. A person who is:

(a) Licensed as:

(1) A clinical social worker pursuant to the provisions of chapter 641B of NRS; or

(2) A master social worker or an independent social worker pursuant to the provisions of chapter 641B of NRS and is engaging in clinical social work as part of an internship program approved by the Board of Examiners for Social Workers; and

(b) Authorized by the Board of Examiners for Social Workers to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling; or

7. A person who provides or supervises the provision of peer recovery support services in accordance with NRS 433.622 to 433.641, inclusive.

(Added to NRS by 1999, 3050; A 2003, 1176, 1419; 2007, 3065; 2017, 933; 2021, 2834, 3500)

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 counselors or alcohol and drug counselors pursuant to the provisions of this chapter.

(b) One member who is certified as an alcohol and drug 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 counselor or a licensed or certified alcohol and drug 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 counselor or a licensed or certified alcohol and drug counselor or a certified problem gambling counselor.

3. A person may not be appointed to the Board unless he or she is 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; 2019, 4311)

NRS 641C.155 Required orientation for new members of Board; policies concerning compensation and performance reviews of staff. The Board shall:

1. Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. The orientation must include, without limitation, instruction concerning:

(a) The purposes of the Board and the duties of its members;

(b) Applicable laws and regulations, including, without limitation, the provisions of NRS 641C.700 to 641C.760, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

2. Establish policies concerning compensation and reviewing the performance of the staff of the Board.

(Added to NRS by 2017, 2242)

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 Salary of members; per diem allowance and travel expenses 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 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; 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 Regulations.

1. The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that:

(a) Prescribe the ethical standards for licensed and certified counselors and certified interns;

(b) Prescribe the requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate;

(d) Authorize the remote supervision, including, without limitation, electronic supervision, of interns working at remote sites and prescribe standards concerning such remote supervision; and

(e) Prescribe the manner by which the qualifications for the issuance or renewal of a license or certificate under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.

2. The Board may adopt regulations that prescribe:

(a) The contents of a written and oral examination concerning the practice of counseling persons with an addictive disorder related to gambling;

(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.

4. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.

(Added to NRS by 1999, 3058; A 2001, 219; 2003, 1420; 2005, 793; 2015, 2271; 2017, 2244; 2021, 3501)

NRS 641C.205 Forms for licensure and certification. The Board shall prescribe forms for applying for the issuance or renewal of a license or certificate. The forms must:

1. Be available to be completed on the Internet website maintained by the Board;

2. Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

3. Automatically store the data submitted by the applicant upon completion of the application.

(Added to NRS by 2017, 2243)

NRS 641C.210 Duties of Executive Director. The Executive Director of the Board or his or her designee 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;

(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; A 2015, 2271)

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 persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders to assist those persons in obtaining licenses and certificates as alcohol and drug counselors and licenses as clinical alcohol and drug counselors.

(Added to NRS by 2003, 1164; A 2007, 3066)

NRS 641C.230 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

1. On or before February 1 of each year, the Board shall submit to the Joint Interim Standing Committee on Health and Human Services and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:

(a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year;

(b) The number of applications for the issuance or renewal of a license or certificate received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board; and

(c) The number of applications for the issuance of a license or certificate by endorsement received by the Board pursuant to NRS 641C.3306, 641C.356, 641C.396 and 641C.433 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.

2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.

(Added to NRS by 2017, 2242; A 2021, 3501)

NRS 641C.240 Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance. The Board may enter into an agreement with the Department of Health and Human Services or a division thereof to provide services to carry out or improve any function of the Board. Such services may include, without limitation:

1. Assistance in processing applications for the issuance or renewal of licenses and certificates;

2. Technical assistance;

3. Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;

4. Recommendations to improve and standardize procedures used by the Board; and

5. Assistance in identifying resources for improving the operations of the Board.

(Added to NRS by 2017, 2243)

LICENSES AND CERTIFICATES

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 for license or certificate: Submission of application, fingerprints and fee. Each applicant for a license or certificate must submit to the Board:

1. An application on a form prescribed by the Board pursuant to NRS 641C.205;

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; 2017, 2245)

NRS 641C.265 Application for license or certificate: Submission of official transcripts by alternate means. If the Board requires an applicant for a license or certificate pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:

1. The college or university from which the applicant has graduated has closed or has merged with another institution; and

2. The provision of official transcripts by ordinary means is not available or possible.

(Added to NRS by 2021, 3500)

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)

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

(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 as counselor.

1. Except as otherwise provided in NRS 641C.300 and 641C.3306, each applicant for a license as a clinical alcohol and drug counselor must pass a written and oral examination concerning his or her knowledge of the clinical practice of counseling persons with alcohol and other substance use disorders, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

2. Except as otherwise provided in NRS 641C.300, 641C.356 and 641C.396, each applicant for a license or certificate as an alcohol and drug counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling persons with alcohol and other substance use disorders, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

3. Except as otherwise provided in NRS 641C.433, each applicant for a certificate as a problem gambling counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling persons with an addictive disorder related to gambling, 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.

(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; 2015, 2271, 3039, 3921; 2021, 3502)

NRS 641C.300 Waiver of examination for person who holds license or certificate as clinical alcohol and drug counselor or alcohol and drug counselor in another jurisdiction. The Board may issue a license or certificate without examination to a person who holds a license or certificate as a clinical alcohol and drug counselor or an alcohol and drug 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; 2015, 2272)

NRS 641C.310 Investigations 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, or renew the license or certificate of, an applicant if the Board determines that the applicant:

(a) Is not of good moral character as it relates to the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;

(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 persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;

(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 persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders 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; 2015, 2272)

NRS 641C.320 Issuance of provisional license or certificate as clinical alcohol and drug counselor or alcohol and drug counselor; period of validity; prohibition on renewal.

1. The Board may issue:

(a) A provisional license as a clinical alcohol and drug counselor to a person who has applied to the Board to take the examination for a license as a clinical alcohol and drug 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 counselor to a person who has applied to the Board to take the examination for a license or certificate as an alcohol and drug 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 6 months and may not be renewed.

(Added to NRS by 1999, 3055; A 2007, 3068; 2015, 2272)

License As Clinical Alcohol and Drug Counselor

NRS 641C.330 Requirements for issuance of license. The Board shall issue a license as a clinical alcohol and drug counselor to:

1. A person who:

(a) Is not less than 21 years of age;

(b) 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;

(c) Has completed a program approved by the Board consisting of at least 3,000 hours of supervised, postgraduate counseling of persons with alcohol and other substance use disorders and persons with mental illness who also have alcohol and other substance use disorders that:

(1) Consists of at least 1,500 hours of postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders;

(2) Consists of at least 1,000 hours of postgraduate counseling of persons with alcohol and other substance use disorders; and

(3) Consists of at least 500 hours of additional postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders or persons with alcohol and other substance use disorders;

(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) 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:

(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

(2) Licensed as a marriage and family therapist or a clinical professional counselor 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;

(c) Has completed at least 6 months of supervised counseling of persons with alcohol and other substance use disorders approved by the Board;

(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) Submits all the information required to complete an application for a license.

(Added to NRS by 2007, 3063; A 2007, 3095; 2019, 4311; 2021, 752)

NRS 641C.3306 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement as a clinical alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a clinical alcohol and drug counselor in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a clinical alcohol and drug counselor; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug counselor to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

4. A license by endorsement as a clinical alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may, for any reason, grant a provisional license authorizing an applicant to practice as a clinical alcohol and drug counselor in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3916; A 2019, 4313; 2021, 3502)

NRS 641C.331 Period of validity of license; scope of practice authorized by license.

1. A license as a clinical alcohol and drug counselor is valid for 2 years and may be renewed.

2. A licensed clinical alcohol and drug counselor may:

(a) Engage in the clinical practice of counseling persons with alcohol and other substance use disorders;

(b) Diagnose or classify a person as having an alcohol or other substance use disorder;

(d) Supervise certified problem gambling counselor interns if the licensed clinical alcohol and drug counselor:

(1) Is approved by the Board to conduct such supervision; and

(2) Has completed at least:

(I) Thirty hours of instruction relating to problem gambling; and

(II) Twelve hours of instruction relating to the supervision of interns, including, without limitation, the supervision of certified problem gambling counselor interns.

(Added to NRS by 2007, 3065; A 2015, 2272; 2023, 520)

Certificate As Clinical Alcohol and Drug Counselor Intern

NRS 641C.340 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

1. The Board shall issue a certificate as a clinical alcohol and drug counselor intern to a person who:

(a) Is not less than 21 years of age;

(b) Pays the fees required pursuant to NRS 641C.470;

(c) 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

(d) Submits all the information required to complete an application for a certificate.

2. A certificate as a clinical alcohol and drug counselor intern is valid for 6 months 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 counselor intern may, under the supervision of a licensed clinical alcohol and drug counselor:

(a) Engage in the clinical practice of counseling persons with alcohol and other substance use disorders; and

(b) Diagnose or classify a person as having an alcohol or other substance use disorder.

(Added to NRS by 2007, 3064; A 2015, 2273; 2019, 4314)

License As Alcohol and Drug Counselor

NRS 641C.350 Requirements for issuance of license. The Board shall issue a license as an alcohol and drug counselor to:

1. A person who:

(a) Is not less than 21 years of age;

(b) 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) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) 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:

(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 counselor pursuant to this chapter;

(c) Has completed 1,000 hours of supervised counseling of persons with alcohol and other substance use disorders approved by the Board;

(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) Submits all information required to complete an application for a license.

(Added to NRS by 1999, 3053; A 2005, 2762; 2007, 3068; 2015, 2273; 2019, 4315; 2021, 753)

NRS 641C.356 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board may issue a license by endorsement as an alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as an alcohol and drug counselor in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug counselor to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

4. A license by endorsement as an alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may, for any reason, grant a provisional license authorizing an applicant to practice as an alcohol and drug counselor in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3917; A 2019, 4316; 2021, 3503)

NRS 641C.360 Period of validity of license; scope of practice authorized by license.

1. A license as an alcohol and drug counselor is valid for 2 years and may be renewed.

2. A licensed alcohol and drug counselor may:

(a) Engage in the practice of counseling persons with alcohol and other substance use disorders;

(b) Diagnose or classify a person as having an alcohol or other substance use disorder; and

3. A licensed alcohol and drug counselor may not identify, evaluate, diagnose or treat a mental illness when a person with mental illness also has an alcohol or other substance use disorder.

(Added to NRS by 1999, 3053; A 2007, 3069)

Certificate As Alcohol and Drug Counselor

NRS 641C.390 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

1. The Board shall issue a certificate as an alcohol and drug counselor to a person who:

(a) Is not less than 21 years of age;

(b) 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) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) Submits all information required to complete an application for a certificate.

2. The Board may waive the educational requirement set forth in paragraph (b) 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 counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 5301 et seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug counselor certified pursuant to this section for whom the educational requirement set forth in paragraph (b) of subsection 1 is waived may provide services as an alcohol and drug counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 5301 et seq. or 25 U.S.C. §§ 1601 et seq.

3. A certificate as an alcohol and drug counselor is valid for 2 years and may be renewed.

4. A certified alcohol and drug counselor may:

(a) Engage in the practice of counseling persons with alcohol and other substance use disorders;

(b) Diagnose or classify a person as having an alcohol or other substance use disorder; and

(c) If the certified alcohol and drug counselor has been certified for at least 3 years and meets any other requirements prescribed by regulation of the Board for the supervision of interns, supervise certified alcohol and drug counselor interns.

(Added to NRS by 1999, 3053; A 2003, 1165; 2005, 2763; 2017, 643; 2019, 4317)

NRS 641C.396 Expedited certificate by endorsement: Requirements; procedure for issuance; provisional certificate pending action on application.

1. The Board may issue a certificate by endorsement as an alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as an alcohol and drug counselor in the District of Columbia or any state or territory of the United States.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as an alcohol and drug counselor; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug counselor to the applicant not later than 45 days after receiving all additional information required by the Board to complete the application.

4. A certificate by endorsement as an alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may, for any reason, grant a provisional certificate authorizing an applicant to practice as an alcohol and drug counselor in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3918; A 2019, 4319; 2021, 3504)

Certificate As Alcohol and Drug Counselor Intern

NRS 641C.420 Requirements for issuance of certificate; period of validity of certificate; scope of practice authorized by certificate.

1. The Board shall issue a certificate as an alcohol and drug counselor intern to a person who:

(a) Is not less than 21 years of age;

(b) Pays the fees required pursuant to NRS 641C.470;

(1) Is enrolled in a program in which he or she has completed at least 60 hours of credit toward the completion of a bachelor’s degree in a field of social science approved by the Board;

(2) Is enrolled in a program from which he or she will receive a master’s degree or doctoral degree in a field of social science approved by the Board; or

(3) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree that included at least 18 hours of credit specifically related to the practice of counseling persons with alcohol and other substance use disorders in a field of social science approved by the Board;

(d) Has received at least 6 hours of instruction relating to confidentiality and 6 hours of instruction relating to ethics; and

(e) Submits all information required to complete an application for a certificate.

2. A certificate as an alcohol and drug counselor intern is valid for 6 months 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 counselor intern may, under the supervision of a licensed alcohol and drug counselor, licensed clinical alcohol and drug counselor or certified alcohol and drug counselor who meets the requirements of paragraph (c) of subsection 4 of NRS 641C.390:

(a) Engage in the practice of counseling persons with alcohol and other substance use disorders; and

(b) Diagnose or classify a person as having an alcohol or other substance use disorder.

(Added to NRS by 1999, 3054; A 2003, 1165; 2005, 2763; 2007, 3069; 2013, 3293; 2015, 2274; 2017, 643; 2019, 4320)

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) 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 at least 2,000 hours of supervised counseling of persons with an addictive disorder related to gambling in a setting approved by the Board;

(e) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;

(f) Presents himself or herself when scheduled for an interview at a meeting of the Board;

(g) Pays the fees required pursuant to NRS 641C.470; and

(h) 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 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 counselor pursuant to this chapter; or

(8) A clinical alcohol and drug counselor pursuant to this chapter;

(d) Has completed at least 1,000 hours of supervised counseling of persons with an addictive disorder related to gambling in a setting approved by the Board;

(e) Passes the written and oral examination 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.

(Added to NRS by 2003, 1417; A 2005, 2764, 2814; 2007, 3069; 2015, 2275; 2019, 4320)

NRS 641C.433 Expedited certificate by endorsement: Requirements; procedure for issuance; provisional certificate pending action on application.

1. The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a problem gambling counselor in the District of Columbia or any state or territory of the United States.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

4. A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may, for any reason, grant a provisional certificate authorizing an applicant to practice as a problem gambling counselor in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3919; A 2019, 4322; 2021, 3505)

NRS 641C.435 Period of validity of certificate; 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 persons with an addictive disorder related to gambling;

(b) Assess and evaluate a person as having an addictive disorder related to gambling; and

(Added to NRS by 2003, 1418)

Certificate As Problem Gambling Counselor Intern

NRS 641C.440 Requirements for issuance of certificate; period of validity of certificate; 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) 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) Demonstrates that a certified problem gambling counselor approved by the Board or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331 has agreed to supervise him or her in a setting approved by the Board;

(e) Pays the fees required pursuant to NRS 641C.470; and

(f) Submits all information required to complete an application for a certificate.

2. A certificate as a problem gambling counselor intern is valid for 6 months 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 or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331:

(a) Engage in the practice of counseling persons with an addictive disorder related to gambling; and

(b) Assess and evaluate a person as having an addictive disorder related to gambling.

(Added to NRS by 2003, 1418; A 2005, 2765, 2814; 2015, 2275; 2019, 4323; 2023, 520)

Expiration and Renewal; Fees

NRS 641C.450 Requirements for renewal of license or certificate on or before date of expiration. [Effective through June 30, 2026.] Except as otherwise provided in NRS 641C.310, 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, which must include, without limitation:

(a) A requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicant’s licensure or certification.

(b) A requirement that the applicant receive at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicant’s licensure or certification. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board.

4. If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant.

5. All information required to complete the renewal.

(Added to NRS by 1999, 3055; A 2003, 1166, 1421; 2005, 2765, 2814; 2015, 2288; 2017, 946; 2021, 892; 2023, 1182)

NRS 641C.450 Requirements for renewal of license or certificate on or before date of expiration. [Effective July 1, 2026.] Except as otherwise provided in NRS 641C.310, 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, which must include, without limitation, a requirement that the applicant receive at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicant’s licensure or certification. Such instruction:

(a) May include the training provided pursuant to NRS 449.103, where applicable.

(b) Must be based upon a range of research from diverse sources.

(1) Persons from various gender, racial and ethnic backgrounds;

(2) Persons from various religious backgrounds;

(3) Lesbian, gay, bisexual, transgender and questioning persons;

(4) Children and senior citizens;

(5) Veterans;

(6) Persons with a mental illness;

(7) Persons with an intellectual disability, developmental disability or physical disability; and

(8) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board.

4. If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant.

5. All information required to complete the renewal.

(Added to NRS by 1999, 3055; A 2003, 1166, 1421; 2005, 2765, 2814; 2015, 2288; 2017, 946; 2021, 892; 2023, 1182, effective July 1, 2026)

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or certificate pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or certificate is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certificate, for failure to do so.

(Added to NRS by 2021, 809)

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;

(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, including a license or certificate by endorsement.......................................................................................................................... $150

For the issuance of a provisional license or certificate.................................... 125

For the issuance of an initial license or certificate, including a license or certificate by endorsement 60

For the renewal of a license or certificate as an alcohol and drug counselor, a license as a clinical alcohol and drug counselor or a certificate as a problem gambling counselor.................... 300

For the renewal of a certificate as a clinical alcohol and drug counselor intern, an alcohol and drug 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. Except as otherwise provided in subsection 3, if an applicant submits an application for a license or certificate by endorsement pursuant to NRS 641C.3306, 641C.356, 641C.396 or 641C.433, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and issuance of an initial license or certificate, as applicable.

3. If an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license or certificate by endorsement pursuant to NRS 641C.3306, 641C.356, 641C.396 or 641C.433, as applicable, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.

4. The fees charged and collected pursuant to this section are not refundable.

5. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 1999, 3056; A 2001, 219; 2003, 1166, 1421; 2007, 3070; 2015, 3040, 3921; 2021, 3506)

ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION

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. Except as otherwise provided in this subsection, in reviewing the information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260, the Board may consider any original charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act regardless of whether the person was convicted of, or entered a plea of guilty or nolo contendere to, a lesser charge. The Board shall not consider a charge filed against an applicant, licensed counselor, certified counselor or certified intern that alleges a particular criminal act for which, in the absence of a plea of guilty or nolo contendere to a lesser charge:

(a) The applicant, licensed counselor, certified counselor or certified intern was found not guilty; or

(b) The charges against the applicant, licensed counselor, certified counselor or certified intern were dismissed.

(Added to NRS by 2003, 1164; A 2015, 2276)

NRS 641C.540 Inactive status: Application; effect; regulations.

1. The holder of a license or certificate issued by the Board, other than a certified intern, may apply to the Board to have his or her license or certificate placed on inactive status. The Board may grant the application if the license or certificate is in good standing and the holder of the license or certificate has met all requirements for the issuance or renewal of the license or certificate as of the date of the application.

2. If an application is granted pursuant to subsection 1, the holder of the license or certificate shall not engage in any work or activities that require a license or certificate issued by the Board in this State unless the license or certificate is first returned to active status.

3. The Board shall adopt regulations prescribing the:

(a) Procedure for submitting an application pursuant to this section;

(b) Procedure and terms upon which a person whose license or certificate has been placed on inactive status may resume work or activities that require a license or certificate;

(d) Fees for the renewal of the inactive status of a license or certificate.

(Added to NRS by 2017, 642)

MISCELLANEOUS PROVISIONS

NRS 641C.600 Inquiry into and documentation of veteran status of new adult clients; provision of contact information for Department of Veterans Services.

1. An alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor may:

(a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and

(b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.

2. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.125.

(Added to NRS by 2019, 2694)

NRS 641C.610 Recordings of certain training activities: Retention; requirements; compliance with and applicability of provisions governing health care records; regulations.

1. A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client that meets the requirements of subsection 2 if:

(a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

(b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

(d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

2. A recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client used for the purpose described in paragraph (a) of subsection 1:

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

(b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

3. The Board shall adopt regulations:

(a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

(1) The form on which such informed written consent must be provided; and

(2) The length of time that a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor who obtains such informed written consent must maintain the informed written consent;

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

4. The provisions of this section do not abrogate, alter or otherwise affect the obligation of a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

5. Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

6. As used in this section, “mental health professional” means a psychologist, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.

(Added to NRS by 2021, 2195)

1. Upon diagnosing a client as having an opioid use disorder, an alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor shall counsel and provide information to the client concerning evidence-based treatment for opioid use disorders, including, without limitation, medication-assisted treatment.

2. If the client requests medication-assisted treatment, the alcohol and drug counselor, clinical alcohol and drug counselor or problem gambling counselor shall refer the client to a physician, osteopathic physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse or pharmacist who is authorized under federal and state law to prescribe an appropriate medication.

3. As used in this section, “medication-assisted treatment” has the meaning ascribed to it in NRS 639.28079.

(Added to NRS by 2023, 2369)

DISCIPLINARY AND OTHER ACTIONS

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 persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

(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;

(d) Submitting a claim for payment to an insurer; or

(e) The practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;

3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;

4. Professional incompetence;

5. Any alcohol or other substance use disorder that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;

6. Engaging in the practice of counseling persons with alcohol and other substance use disorders, the practice of counseling persons with an addictive disorder related to gambling or the clinical practice of counseling persons with alcohol and other substance use disorders with an inactive, 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; 2017, 644)

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)

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 persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders 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 persons with alcohol and other substance use disorders or the clinical practice of counseling persons with alcohol and other substance use disorders;

(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)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 641C.900 Unlawful to engage in practice of counseling persons with alcohol and other substance use disorders, clinical practice of counseling persons with alcohol and other substance use disorders or practice of counseling persons with an addictive disorder related to gambling without being licensed or certified. A person shall not engage in the practice of counseling persons with alcohol and other substance use disorders, the clinical practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling unless the person is a licensed counselor, certified counselor or certified intern.

(Added to NRS by 1999, 3054; A 2003, 1422; 2007, 3072; 2015, 2277)

NRS 641C.910 Unlawful to engage in certain acts, use certain titles or make certain representations without being licensed or certified; 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 counselor, a clinical alcohol and drug counselor intern, an alcohol and drug counselor, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern;

(b) Use the title “clinical alcohol and drug counselor,” “clinical alcohol and drug counselor intern,” “alcohol and drug counselor,” “alcohol and drug counselor intern,” “drug counselor,” “substance use counselor,” “problem gambling counselor,” “problem gambling counselor intern,” “gambling counselor” or any similar title in connection with his or her work;

(d) Engage in the practice of counseling persons with alcohol and other substance use disorders;

(e) Engage in the clinical practice of counseling persons with alcohol and other substance use disorders; or

(f) Engage in the practice of counseling persons with an addictive disorder related to gambling,

Ê unless the person is licensed or certified by the Board pursuant to the provisions of this chapter.

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; 2015, 2277)

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)

NRS 641C.960 Additional penalties. In addition to any criminal penalty that may be imposed for a violation of NRS 641C.900 or 641C.910, the Board, after notice and a hearing, may:

1. Issue an order against any person who has violated NRS 641C.900 or 641C.910, imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this subsection must be deposited in the State General Fund.

2. Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate and otherwise demonstrates that he or she is no longer in violation of NRS 641C.900 or 641C.910, as applicable. An order to cease and desist must include a telephone number by which the person may contact the Board.

3. Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this section. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

4. Impose any combination of the penalties set forth in subsections 1, 2 and 3.

(Added to NRS by 2017, 642)