[Rev. 6/21/2024 5:25:23 PM]

[NAC-641D Revised Date: 6-24]

CHAPTER 641D - APPLIED BEHAVIOR ANALYSIS

GENERAL PROVISIONS

641D.090        Adoption by reference of certain requirements and standards; most current version of adopted requirements or standards deemed adopted; exception.

LICENSES AND REGISTRATION

641D.100        Requirements for licensure or registration; issuance of provisional license; issuance of proof of licensure.

641D.120        Examinations.

641D.140 Notification of need for renewal of license or registration; certification of continuing education.

641D.160 Continuing education.

641D.180 Placement of license on inactive status; restoration of inactive license to active status.

641D.200 Fees.

PROFESSIONAL PRACTICE

641D.300        Supervision of assistant behavior analyst and registered behavior technician.

DISCIPLINARY ACTION

641D.600        Additional grounds for disciplinary action upon conviction of certain crimes; suspension of license or registration and notification of Division upon certain criminal charges; evidentiary standard for disciplinary action.

 

 

 

GENERAL PROVISIONS

      NAC 641D.090  Adoption by reference of certain requirements and standards; most current version of adopted requirements or standards deemed adopted; exception. (NRS 641D.240, 641D.250, 641D.360, 641D.610)

     1.  The following publications are hereby adopted by reference as they existed on December 1, 2019, and any subsequent versions issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, which have been approved by the Board for use in this State:

     (a) The continuing education requirements prescribed by the Behavior Analyst Certification Board, Inc., for a Board Certified Behavior Analyst available at no cost from the Behavior Analyst Certification Board, Inc., on the Internet at https://www.bacb.com or, if that Internet website ceases to exist, from the Division.

     (b) The continuing education requirements prescribed by the Behavior Analyst Certification Board, Inc., for a Board Certified Assistant Behavior Analyst available at no cost from the Behavior Analyst Certification Board, Inc., on the Internet at https://www.bacb.com or, if that Internet website ceases to exist, from the Division.

     (c) “Standards for Supervision of BCaBAs,” available at no cost from the Behavior Analyst Certification Board, Inc., on the Internet at https://www.bacb.com or, if that Internet website ceases to exist, from the Division.

     (d) “RBT Supervision and Supervisor Requirements,” available at no cost from the Behavior Analyst Certification Board, Inc., on the Internet at https://www.bacb.com or, if that Internet website ceases to exist, from the Division.

     2.  Each new version of the publications described in subsection 1 shall be deemed approved by the Board unless the version is disapproved by the Board within 60 days after the date of publication by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization. The Board will review each version issued after the version in existence on December 1, 2019, to ensure its suitability for this State.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

LICENSES AND REGISTRATION

      NAC 641D.100  Requirements for licensure or registration; issuance of provisional license; issuance of proof of licensure. (NRS 641D.240, 641D.250, 641D.310)

     1.  The Division shall issue a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician to an applicant who:

     (a) Complies with the requirements of subsection 2 and NRS 641D.300, 641D.310 and 641D.330;

     (b) Has not been convicted of a crime listed in NRS 641D.700 or NAC 641D.600;

     (c) Has not had any disciplinary action taken against him or her by and does not have outstanding complaints or charges pending against him or her before:

          (1) A licensing, certifying or registering authority of another jurisdiction; or

          (2) The Behavior Analyst Certification Board, Inc., or any successor in interest to that organization;

     (d) Has not previously been denied licensure or registration, as applicable, in this State, except if the denial was based only on administrative reasons; and

     (e) Submits to the Division three letters of professional reference that attest, without reservation, to the applicant’s professional competence, moral character and current fitness to practice as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable.

     2.  In addition to the requirements set forth in subsection 1 and passing the examination required by NAC 641D.120, an applicant for a license as an assistant behavior analyst must submit to the Division evidence to be forwarded to the Board demonstrating that the applicant will be supervised by a psychologist or behavior analyst who is qualified as a supervisor by the Behavior Analyst Certification Board, Inc., or the successor in interest to that organization, in accordance with the current requirements prescribed by that organization for the supervision of Board Certified Assistant Behavior Analysts. Upon request, the applicant must submit such additional evidence as the Board requests.

     3.  In addition to the requirements set forth in subsection 1, an applicant for registration as a registered behavior technician must submit to the Division evidence to be forwarded to the Board demonstrating that the applicant will be supervised by a psychologist, behavior analyst or assistant behavior analyst who is qualified as a supervisor by the Behavior Analyst Certification Board, Inc., or the successor in interest to that organization, in accordance with the current requirements prescribed by that organization for the supervision of Registered Behavior Technicians. Upon request, the applicant must submit such additional evidence as the Board requests.

     4.  The Division may require any applicant for a license or registration to appear before the Board to demonstrate his or her:

     (a) Moral character;

     (b) Current fitness to practice as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable; or

     (c) Intent to practice as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable, in a manner consistent with his or her education, training and experience.

     5.  The Division may issue a provisional license to an applicant for a license as a behavior analyst or assistant behavior analyst who meets the requirements for licensure other than achieving a passing score on the examination as required by NAC 641D.120. A provisional license is valid for the period determined by the Division, which must not exceed 1 year, and may not be renewed.

     6.  The Division shall, in addition to issuing a license or registration to an applicant who meets the requirements of this section, issue to the applicant a card that is sized to fit in a wallet that indicates that the person is licensed or registered, as applicable.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

      NAC 641D.120  Examinations. (NRS 641D.240, 641D.250)

     1.  Each applicant for a license as a behavior analyst or assistant behavior analyst must pass an examination administered by the Division which tests the applicant’s knowledge of the laws and regulations governing the practice of applied behavior analysis in this State.

     2.  The Division shall post on its Internet website a description of the content of the examination.

     3.  To take the examination, the applicant must pay the fee prescribed by NAC 641D.200. The fee must be paid each time the applicant takes the examination.

     4.  An applicant shall not:

     (a) Remove any notes taken during the examination from the site of the examination;

     (b) Record the examination by electronic or other means; or

     (c) Otherwise copy, disclose or disseminate any content of the examination.

     5.  Except as otherwise provided in subsection 6, an applicant who does not achieve a passing score may retake the examination.

     6.  Before an applicant may retake the examination more than two times, the applicant must obtain the approval of the Board by submitting to the Board a written request to retake the examination. Such a request must include, without limitation, a written plan of specific measures the applicant will take to prepare for the examination. The Board will approve such a request upon determining that the applicant is likely to receive a passing score on the examination if he or she follows the plan.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

      NAC 641D.140  Notification of need for renewal of license or registration; certification of continuing education. (NRS 641D.240, 641D.250, 641D.310, 641D.360, 641D.710)

     1.  Before the expiration of a license or registration, the Division shall notify the licensee or registrant of the need to renew the license or registration.

     2.  Each notification provided to a licensee as a behavior analyst or assistant behavior analyst must include, without limitation, a form to certify completion of the continuing education required by NAC 641D.160, which must be signed and included with the application for renewal. The Division may require the licensee to provide evidence of completion of the continuing education described on the form.

     3.  A licensee who misrepresents information concerning the completion of continuing education is subject to disciplinary action, which may include, without limitation, suspension, revocation or nonrenewal of the license. A licensee whose license has been suspended or is not renewed must complete the continuing education required by NAC 641D.160 before the Board will consider reinstating his or her license.

     4.  If a licensee does not satisfy the continuing education requirements, his or her license will not be renewed and he or she will be subject to disciplinary action. The Board may grant a licensee an extension for 60 days if the licensee submits a written request to the Board, on or before December 1 immediately preceding the expiration of his or her license, which provides a compelling explanation for not completing the continuing education.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

      NAC 641D.160  Continuing education. (NRS 641D.240, 641D.250, 641D.360)

     1.  A behavior analyst must complete, before each renewal of his or her license:

     (a) The continuing education prescribed by the publication adopted by reference in paragraph (a) of subsection 1 of NAC 641D.090; and

     (b) At least 2 hours of instruction on evidence-based suicide prevention and awareness, which may be completed as part of the continuing education described in paragraph (a) if practicable.

     2.  An assistant behavior analyst must complete, before each renewal of his or her license:

     (a) The continuing education prescribed by the publication adopted by reference in paragraph (b) of subsection 1 of NAC 641D.090; and

     (b) At least 2 hours of instruction on evidence-based suicide prevention and awareness, which may be completed as part of the continuing education described in paragraph (a) if practicable.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

      NAC 641D.180  Placement of license on inactive status; restoration of inactive license to active status. (NRS 641D.240, 641D.250)

     1.  A behavior analyst or assistant behavior analyst may have his or her license placed on inactive status for not more than 3 years by submitting a written request to the Division and paying the fee required by NAC 641D.200.

     2.  A person whose license is placed on inactive status shall not engage in the practice of applied behavior analysis while the license is inactive.

     3.  To renew a license that has been placed on inactive status and keep the license on inactive status, a person must submit to the Division:

     (a) An application to renew the license; and

     (b) The fee required by NAC 641D.200 for the biennial renewal of a license on inactive status.

     4.  A person whose license is placed on inactive status may apply to the Division to restore the license to active status. The Board may restore the license to active status upon the completion of an investigation of the criminal history of the applicant in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300 which demonstrates that the applicant has not been convicted of a crime listed in NRS 641D.700 or NAC 641D.600 and receipt of:

     (a) The application;

     (b) The fee required by NAC 641D.200 for the restoration to active status of a license on inactive status;

     (c) Proof that the applicant is currently certified by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, as a Board Certified Behavior Analyst or Board Certified Assistant Behavior Analyst, as applicable;

     (d) If the applicant has engaged in the practice of applied behavior analysis in another jurisdiction while his or her license was on inactive status, proof that the applicant is in good standing with no disciplinary proceedings pending against him or her in that jurisdiction or before the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization;

     (e) An investigation of the criminal history of the applicant in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300; and

     (f) Any other proof the Board may require to determine whether the applicant is qualified and competent to engage in the practice of applied behavior analysis.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

      NAC 641D.200  Fees. (NRS 641D.240, 641D.250, 641D.300, 641D.340, 641D.350, 641D.360, 641D.380, 641D.880)  The division shall charge and collect the following fees:

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

PROFESSIONAL PRACTICE

      NAC 641D.300  Supervision of assistant behavior analyst and registered behavior technician. (NRS 641D.240, 641D.610)

     1.  Supervision of:

     (a) An assistant behavior analyst pursuant to NRS 641D.610 must comply with the publication adopted by reference in paragraph (c) of subsection 1 of NAC 641D.090.

     (b) A registered behavior technician pursuant to NRS 641D.610 must comply with the publication adopted by reference in paragraph (d) of subsection 1 of NAC 641D.090.

     2.  A person who supervises an assistant behavior analyst or a registered behavior technician pursuant to NRS 641D.610 shall:

     (a) Maintain documentation of such supervision for at least 7 years after the date on which the supervision occurred; and

     (b) Provide that documentation to the Board or the Division upon the request of the Board.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)

DISCIPLINARY ACTION

      NAC 641D.600  Additional grounds for disciplinary action upon conviction of certain crimes; suspension of license or registration and notification of Division upon certain criminal charges; evidentiary standard for disciplinary action. (NRS 641D.240, 641D.710)

     1.  In addition to the grounds specified in NRS 641D.700 and NAC 641D.140, the Board may take disciplinary action against a behavior analyst, assistant behavior analyst or registered behavior technician who:

     (a) Is convicted of:

          (1) Murder, voluntary manslaughter or mayhem;

          (2) Assault or battery with intent to kill or to commit sexual assault or mayhem;

          (3) Sexual assault, statutory sexual seduction, incest or lewdness, indecent exposure, prostitution, solicitation for prostitution or any other sexually related crime;

          (4) A crime involving domestic violence;

          (5) Abuse or neglect of a child or contributory delinquency;

          (6) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;

          (7) Abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

          (8) A violation of any provision of NRS 422.450 to 422.590, inclusive;

          (9) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;

          (10) Any felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or

          (11) An attempt or conspiracy to commit any of the offenses listed in this paragraph.

     (b) Employs in a business related to applied behavior analysis any person who has been convicted of a crime listed in paragraph (a).

     (c) Has a substantiated report of child abuse or neglect filed against him or her and practices applied behavior analysis for a facility, hospital, agency, program or home, as defined in NRS 449.119, that provides residential services to children.

     2.  The license of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician who is charged with a crime listed in paragraph (a) of subsection 1 is automatically suspended pending a hearing to be held by the Board not later than 14 days after the suspension. At the hearing, the Board may determine to continue the suspension until final resolution of the criminal charges if it finds by a preponderance of the evidence that the behavior analyst, assistant behavior analyst or registered behavior technician committed the crime with which he or she is charged.

     3.  A behavior analyst, assistant behavior analyst or registered behavior technician shall provide written notice to the Division within 24 hours after being charged with a crime listed in paragraph (a) of subsection 1.

     4.  The Board may impose disciplinary action upon finding by a preponderance of the evidence that any of the grounds for disciplinary action listed in this section or NRS 641D.700 exist.

     5.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

     (Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8-26-2020)