[Rev. 6/21/2024 5:25:18 PM]

[NAC-641 Revised Date: 6-24]

CHAPTER 641 - PSYCHOLOGISTS, LICENSED BEHAVIOR ANALYSTS, LICENSED ASSISTANT BEHAVIOR ANALYSTS, REGISTERED BEHAVIOR TECHNICIANS, PSYCHOLOGICAL ASSISTANTS, PSYCHOLOGICAL INTERNS, PSYCHOLOGICAL TRAINEES AND UNLICENSED PERSONNEL

GENERAL PROVISIONS

641.001        Definitions.

641.003        “Applied behavior analysis” defined.

641.007        “Home study course” defined.

641.008        “Licensed assistant behavior analyst” defined.

641.0085      “Licensed behavior analyst” defined.

641.011        “Psychological assistant” defined.

641.013        “Psychological intern” defined.

641.014        “Psychological trainee” defined.

641.018        Submission of standards by accredited educational institution or public agency that employs psychological scientist.

641.0185      Geographic boundaries for purposes of determining whether training program completed within United States.

FEES

641.019        Fees.

LICENSING REQUIREMENTS

641.020        Licensure or certification in another state not accepted when acquired through “grandfather” clause.

641.025        Issuance of license to psychologist licensed not less than 20 years in another state or Canada.

641.028        Issuance of license to psychologist licensed and practicing continuously 5 years in another jurisdiction.

641.0285      Issuance of license to applicant who completed unaccredited training program outside United States.

641.029        Issuance of license to behavior analyst; provisional licenses.

641.031        Issuance of license to assistant behavior analyst; provisional licenses.

641.050        Education: Adoption of list of accredited programs; accredited educational institutions.

641.061        Educational requirements for psychologists: Submission of proof that unaccredited training program within United States completed before January 1, 2018, is equivalent to accredited program.

641.062        Educational requirements for psychologists: Submission of proof that unaccredited training program within United States completed on or after January 1, 2018, is equivalent to accredited program.

641.0623      Educational requirements for psychologists: Submission of proof that unaccredited training program outside United States is equivalent to accredited program.

641.0625      Educational requirements for psychologists: Satisfaction of remaining requirements through program of respecialization or equivalent program.

641.063        Educational requirements for behavior analysts and assistant behavior analysts: Submission of proof that unaccredited program is equivalent to accredited program.

641.080        Supervised experience: Applicant for licensure as psychologist.

641.083        Supervision of licensed assistant behavior analysts and registered behavior technicians.

641.112        State examination of applicant for licensure as a psychologist: Content; review of failed examination; reexamination; fee; prohibited acts.

641.113        State examination of applicants for licensure as licensed behavior analyst or licensed assistant behavior analyst: Content; reexamination; fee; prohibited acts.

641.132        Renewal of license.

641.133        Placement of license on inactive status; renewal or restoration to active status.

641.136        Continuing education: Requirements for renewal of license as a psychologist; acceptance or approval of courses and programs by Board.

641.1363      Continuing education: Requirements for renewal of license as a licensed behavior analyst or licensed assistant behavior analyst; courses and programs.

641.1365      Continuing education: Hours awarded for certain activities.

641.137        Continuing education: Approval by Board; requirements for course or program; subjects.

641.138        Continuing education: Request for approval of course or program.

641.139        Continuing education: Responsibilities of sponsor of course or program.

641.1395      Continuing education: Investigation of complaint regarding course or program.

641.150        Genuine collaboration.

641.1503      Application for licensure deemed withdrawn: Incomplete application; failure to take national examination; reapplication.

FIRMS, PARTNERSHIPS AND CORPORATIONS

641.1505      Registration; notification of certain changes; exemption from requirements.

PSYCHOLOGICAL ASSISTANTS, INTERNS AND TRAINEES; UNLICENSED PERSONNEL

General Provisions

641.1506      Definitions.

641.15065    “Face-to-face” defined.

641.1507      “Supervisor” defined.

Psychological Assistants, Interns and Trainees

641.151        Psychological assistants: Registration.

641.1515      Psychological interns: Registration.

641.1516      Psychological trainees: Registration.

641.15165    Psychological assistants, interns and trainees: Application for registration deemed withdrawn; reapplication.

641.1517      Psychological interns and trainees: Agreement between supervisor and doctoral training program.

641.1519      Qualifications of supervisor.

641.15195    Powers and duties of supervisor.

641.152        Psychological assistants, interns and trainees: Requirements for supervision and control of work; assignment to specialist for specific skill training.

641.153        Agreement regarding employment.

641.154        Requirements for payment of stipend, wages or fees; compensation of supervisor; emphasis of supervision.

641.1565      Supervision involving potential conflict of interest prohibited.

641.1567      Duties of supervisor regarding preparation and maintenance of records and notification of Board.

641.157        Duties of supervisor regarding meetings and face-to-face individual supervision; documentation; grounds for discipline of supervisor for failure to comply.

641.158        Limitations on number of assistants, interns, trainees and supervisors; limitation on number of training sites for psychological trainees.

641.159        Log of supervised experience.

641.161        Responsibility to inform clients of status of assistant, intern or trainee; ethical and legal responsibility of supervisor for professional activities of assistant, intern or trainee; restrictions on advertising or listing.

Unlicensed Personnel

641.168        Psychological testing.

PERSONS ENGAGED IN TEACHING PSYCHOLOGY OR PSYCHOLOGICAL RESEARCH

641.1685      Exemption from licensure; licensure, registration or approval of Board required if teaching or research involves delivery or supervision of direct psychological services.

NONRESIDENT PSYCHOLOGICAL CONSULTANTS

641.169        Approval to practice; scope of practice.

PRACTICE BEFORE THE BOARD OF PSYCHOLOGICAL EXAMINERS

641.170        Petition for adoption, filing, amendment or repeal of regulation; notice of decision.

641.173        Pleadings.

641.175        Conduct at hearing.

641.182        Declaratory orders and advisory opinions: Consideration by Board; form of petition.

641.184        Declaratory orders and advisory opinions: Placement of petition on agenda; consideration of information; grant or denial of petition; no further action upon denial.

641.186        Declaratory orders and advisory opinions: Issuance of final order or opinion.

641.188        Declaratory orders and advisory opinions: Notice to petitioner.

641.190        Declaratory orders and advisory opinions: Compliance of petitioner required.

STANDARDS OF CONDUCT

641.200        Applicability.

641.204        Determination of organization as patient or client.

641.206        Authority of parent or legal guardian to make decisions concerning treatment; issues for which child or protected person is patient or client.

641.207        Child custody evaluation.

641.208        Scope of practice for psychologist: Competency required; acquisition and use of new service or technique; unnecessary treatment; referral of certain patients; basis for rendering formal professional opinion; provision of consultation, intervention and referrals relating to patient health; discussion or consultation regarding medication.

641.209        Scope of practice for licensed behavior analyst or licensed assistant behavior analyst: Competency required; use of new method, service or technique; referral of certain clients; basis for rendering formal professional opinion.

641.210        Display of license by psychologist; communications with Board; notification of change of address or telephone number; professional fees; supervision of certain persons.

641.213        Display of license by licensed behavior analyst or licensed assistant behavior analyst; response to communications from Board and availability of records relating to inquiries and complaints; notification of change of address or telephone number; professional fees; supervision of certain persons.

641.215        Disclosure to patient or legal representative; termination of services; care of patients and research subjects.

641.219        Maintenance and availability of records.

641.221        Designation of custodian of health care records; duty of psychologist intending to cease providing services; retention of records by custodian.

641.223        Recordings of certain training activities: Form for patient consent; duties of person having custody or control; interpretation of certain terms.

641.224        Confidential information.

641.229        Impairment of licensee; limitation on contact with current or former patient or client.

641.234        Assessment procedures: Communication of results to patient or client; limitations on use.

641.239        Misrepresentation of professional qualifications, affiliations, services, products or psychological findings.

641.241        Aiding in unlawful practice of psychology or applied behavior analysis; improper delegation of professional responsibilities; reporting of violation and exception.

641.245        Violation of law or regulation; use of fraud, misrepresentation or deception; improper filing of reports; violation of probation; failure to pay child support or to comply with certain warrants or subpoenas relating to determination of paternity or child support.

641.250        Adoption of codes of conduct by reference; revision.

641.255        “Professional and Ethical Compliance Code for Behavior Analysts”: Adoption by reference; controlling provisions; revision.

 

GENERAL PROVISIONS

      NAC 641.001  Definitions. (NRS 641.100)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 641.003 to 641.014, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R209-09, 10-15-2010; R133-17, 12-19-2018; R074-18, 1-30-2019)

      NAC 641.003  “Applied behavior analysis” defined. (NRS 641.100)  “Applied behavior analysis” has the meaning ascribed to it in NRS 689A.0435.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.007  “Home study course” defined. (NRS 641.100, 641.220)  “Home study course” means a course of instruction designed for home study in which:

     1.  Instruction is provided to the participant on demand at a location at which the instructor is not physically present; and

     2.  There is no ability for the participant to communicate with the instructor in real time during the course of instruction.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R171-18, 1-30-2019)

      NAC 641.008  “Licensed assistant behavior analyst” defined. (NRS 641.100)  “Licensed assistant behavior analyst” has the meaning ascribed to it in NRS 689A.0435.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.0085  “Licensed behavior analyst” defined. (NRS 641.100)  “Licensed behavior analyst” has the meaning ascribed to it in NRS 689A.0435.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.011  “Psychological assistant” defined. (NRS 641.100)  “Psychological assistant” has the meaning ascribed to it in NRS 641.0263.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R074-18, 1-30-2019)

      NAC 641.013  “Psychological intern” defined. (NRS 641.100)  “Psychological intern” has the meaning ascribed to it in NRS 641.0265.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.014  “Psychological trainee” defined. (NRS 641.100)  “Psychological trainee” has the meaning ascribed to it in NRS 641.0267.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.018  Submission of standards by accredited educational institution or public agency that employs psychological scientist. (NRS 641.100, 641.390)  Each accredited educational institution or public agency that employs a person pursuant to subsection 1 of NRS 641.390 shall submit a copy of the explicit standards to the Board as soon as practicable. If the accredited educational institution or public agency revises the standards, it shall submit a copy of the revision to the Board within 30 days after the revision becomes effective.

     (Added to NAC by Bd. of Psychological Exam’rs by R078-99, eff. 3-13-2000)

      NAC 641.0185  Geographic boundaries for purposes of determining whether training program completed within United States. (NRS 641.100, 641.110, 641.170)  For the purposes of this chapter, a training program is completed within the United States if the program is completed within the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

     (Added to NAC by Bd. of Psychological Exam’rs by R114-19, eff. 12-22-2021)

FEES

      NAC 641.019  Fees. (NRS 641.100, 641.110, 641.226, 641.228)

     1.  Except as otherwise provided in NRS 641.228 and subsection 3, the Board will charge and collect the following fees:

 

For an application for licensure......................................................................

               $150

For an application for registration as a psychological assistant, psychological intern or psychological trainee...................................................................

                 150

For the state examination for licensure administered by the Board pursuant to NAC 641.112.........................................................................................

   Actual costs

to the Board

plus $100

For the issuance of an initial license...............................................................

                   25

For the biennial renewal or reinstatement of a license as a psychologist.......

                 600

For the registration of a firm, partnership or corporation...............................

                 300

For the placement of a license on inactive status............................................

                 100

For the biennial renewal of a license on inactive status.................................

                 100

For the initial registration of a psychological assistant...................................

                 150

For the initial registration of a psychological intern.......................................

                   75

For the initial registration of a psychological trainee.....................................

                   30

For the renewal of a registration of a psychological assistant........................

                 150

For the renewal of a registration of a psychological intern............................

                   75

For the renewal of a registration of a psychological trainee...........................

                   30

For the restoration to active status of a license as a psychologist on inactive status...........................................................................................................

                 250

For the registration of a nonresident consultant..............................................

                 100

For reproduction and mailing of material for an application..........................

                   30

For a change of name on a license.................................................................................................................... ....................................................................................................................

                   30

For a duplicate license....................................................................................

                   30

For copies of the provisions of NRS relating to the practice of psychology and the rules and regulations adopted by the Board..................................

                   30

For a letter of good standing...........................................................................

                   20

For the review and approval of a course or program of continuing education....................................................................................................................

                   30

 

     2.  The Board will annually determine the actual costs to the Board for the state examination administered by the Board pursuant to NAC 641.112 for purposes of determining the fee charged and collected pursuant to subsection 1.

     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 by endorsement pursuant to NRS 641.196, the Board will charge and collect a fee of $62.50 for the issuance of an initial license.

     4.  In accordance with NRS 353C.115 and NAC 353C.400, the Board will charge and collect from any person whose check or other method of payment is returned to the Board or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check or other method of payment a fee of $25 or such other amount as may subsequently be required by NRS 353C.115 and NAC 353C.400.

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

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 7-7-82; A 8-24-90; 7-11-94; 12-28-95; R153-97, 12-19-97; R078-99, 3-13-2000; R090-01, 2-7-2002; R077-02, 7-25-2002; R131-09, 1-28-2010; R209-09, 10-15-2010; R127-14, 6-28-2016; R074-18 & R169-18, 1-30-2019; R057-19, 12-22-2021; R121-21, 9-28-2022)—(Substituted in revision for NAC 641.135)

LICENSING REQUIREMENTS

      NAC 641.020  Licensure or certification in another state not accepted when acquired through “grandfather” clause. (NRS 641.100, 641.190)  It is the policy of the Board not to accept licensure or certification in another state for endorsement in Nevada if that licensure or certification was acquired through a “grandfather” clause.

     [Bd. of Psychological Exam’rs, Policy No. 3, eff. 6-28-65]—(NAC A by R209-09, 10-15-2010)

      NAC 641.025  Issuance of license to psychologist licensed not less than 20 years in another state or Canada. (NRS 641.100, 641.110, 641.170, 641.190)

     1.  The Board may issue a license to practice as a psychologist to an applicant who:

     (a) Has been licensed to practice psychology not less than 20 years in other states of the United States or in Canada, if that license was based on a doctoral degree which was earned from a regionally accredited program, accredited by a national regulatory body approved by the Board, and which relates primarily to psychology;

     (b) Has not previously been convicted of a felony;

     (c) Has not had the scope of the license to practice psychology limited by another jurisdiction;

     (d) Has not previously been denied licensure by the Board;

     (e) Has passed the state examination administered by the Board pursuant to NAC 641.112;

     (f) Submits to the Board the appropriate application and fees and three letters of professional reference that attest without reservation to the professional competence and current fitness to practice of the applicant; and

     (g) Complies with subsection 1 of NRS 641.160 by submitting:

          (1) A complete set of the applicant’s fingerprints to the Board with 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; or

          (2) Verification to the Board that the applicant’s fingerprints were so forwarded by the law enforcement agency or other authorized entity taking the fingerprints.

     2.  The Board may require the applicant to appear before the Board to demonstrate the applicant’s:

     (a) Current fitness to practice psychology; or

     (b) Intent to practice psychology in a manner consistent with his or her education, training and experience.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 1-24-94; A by R153-97, 12-19-97; R090-01, 2-7-2002; R117-08, 12-17-2008; R131-09, 1-28-2010; R209-09, 10-15-2010; R175-20, 9-28-2022)

      NAC 641.028  Issuance of license to psychologist licensed and practicing continuously 5 years in another jurisdiction. (NRS 641.100, 641.110, 641.190)

     1.  The Board will issue a license to practice as a psychologist to an applicant if the applicant:

     (a) Has been licensed to practice psychology based on a doctoral degree that relates primarily to psychology and has been practicing psychology continuously for 5 years in a jurisdiction whose requirements have been determined by the Board to be at least equivalent to the requirements of chapter 641 of NRS;

     (b) Has been issued a Certificate of Professional Qualification in Psychology by the Association of State and Provincial Psychology Boards or holds a National Register of Health Service Psychologist credential from the National Register of Health Service Psychologists;

     (c) Successfully completes an examination prescribed by the Board to test the applicant’s knowledge of the statutes and regulations of the State of Nevada governing the practice of psychology;

     (d) Has not previously been convicted of a felony;

     (e) Has not been subject to disciplinary action in another jurisdiction;

     (f) Does not have any outstanding complaints or charges pending against him or her in another jurisdiction;

     (g) Has not previously been denied licensure by the Board;

     (h) Submits to the Board the appropriate application and fees and three letters of professional reference that attest without reservation to the professional competence and current fitness to practice of the applicant; and

     (i) Complies with subsection 1 of NRS 641.160 by submitting:

          (1) A complete set of the applicant’s fingerprints to the Board with 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; or

          (2) Verification to the Board that the applicant’s fingerprints were so forwarded by the law enforcement agency or other authorized entity taking the fingerprints.

     2.  The Board may require the applicant to appear before the Board to demonstrate the applicant’s:

     (a) Current fitness to practice psychology; and

     (b) Intent to practice psychology in a manner consistent with his or her education, training and experience.

     (Added to NAC by Bd. of Psychological Exam’rs by R153-97, eff. 12-19-97; A by R131-09, 1-28-2010; R209-09, 10-15-2010; R127-14, 6-28-2016; R175-20, 9-28-2022)

      NAC 641.0285  Issuance of license to applicant who completed unaccredited training program outside United States. (NRS 641.100, 641.110, 641.170)

     1.  The Board may issue a license to practice as a psychologist to an applicant who has completed a training program outside the United States that is not accredited by the American Psychological Association if the applicant:

     (a) Submits to the Board with his or her application evidence satisfactory to the Board that the applicant:

          (1) Meets the requirements of subsection 1 of NRS 641.170;

          (2) If the training program completed by the applicant was not conducted in English, has obtained a score of not less than 80 on the Test of English as a Foreign Language, Internet-Based Test, administered by the Educational Testing Service;

          (3) Has not been convicted of a felony;

          (4) Has not been subject to disciplinary action in another jurisdiction;

          (5) Does not have any outstanding complaints or charges pending against him or her in another jurisdiction;

          (6) Has not previously been denied licensure by the Board;

          (7) Has passed the state examination administered by the Board pursuant to NAC 641.112; and

          (8) Has passed the national examination required by NRS 641.180;

     (b) Submits to the Board with his or her application three letters of professional reference that attest without reservation to the professional competence, moral character and current fitness to practice of the applicant;

     (c) Submits to the Board with his or her application evidence satisfactory to the Board that the applicant has complied with NAC 641.0623 and that the Board has determined that the training program completed by the applicant is equivalent to a program accredited by the American Psychological Association; and

     (d) Complies with subsection 1 of NRS 641.160 by submitting:

          (1) A complete set of the applicant’s fingerprints to the Board with 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; or

          (2) Verification to the Board that the applicant’s fingerprints were so forwarded by the law enforcement agency or other authorized entity taking fingerprints.

     2.  The Board may require an applicant pursuant to this section to appear before the Board to demonstrate the applicant’s:

     (a) Moral character;

     (b) Current fitness to practice psychology; and

     (c) Intent to practice psychology in a manner consistent with his or her education, training and experience.

     (Added to NAC by Bd. of Psychological Exam’rs by R114-19, eff. 12-22-2021)

      NAC 641.029  Issuance of license to behavior analyst; provisional licenses. (NRS 641.100, 641.110, 641.160, 641.170)

     1.  The Board will issue a license as a licensed behavior analyst to an applicant who:

     (a) Meets the requirements of subsection 2 of NRS 641.170;

     (b) Has been certified as a behavior analyst by the Behavior Analyst Certification Board, Inc., or its successor organization;

     (c) Has not been convicted of a felony;

     (d) Has not been subject to disciplinary action as a behavior analyst in another jurisdiction;

     (e) Does not have any outstanding complaints or charges pending against him or her as a behavior analyst in another jurisdiction;

     (f) Has not previously been denied licensure by the Board;

     (g) Has passed the state examination administered by the Board pursuant to NAC 641.113;

     (h) Submits to the Board the appropriate application and fees and three letters of professional reference that attest without reservation to the professional competence, moral character and current fitness to practice of the applicant; and

     (i) Complies with subsection 1 of NRS 641.160 by submitting:

          (1) A complete set of the applicant’s fingerprints to the Board with 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; or

          (2) Verification to the Board that the applicant’s fingerprints were forwarded to the Central Repository by the law enforcement agency or other authorized entity taking the fingerprints.

     2.  The Board may require an applicant to appear before the Board to demonstrate the applicant’s:

     (a) Moral character;

     (b) Current fitness to practice as a licensed behavior analyst; and

     (c) Intent to practice as a licensed behavior analyst in a manner consistent with the applicant’s education, training and experience.

     3.  The Board may issue a provisional license to an applicant who has completed all the requirements for licensure pursuant to subsection 1 other than successful completion of the written examination required by paragraph (f) of subsection 2 of NRS 641.170. A provisional license is valid for not more than 1 year and may not be renewed.

     4.  The Board will, in addition to issuing a license to an applicant who meets the requirements of this section, issue to the applicant a copy of the license in the form of a card which is of a size to be carried in a wallet.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.031  Issuance of license to assistant behavior analyst; provisional licenses. (NRS 641.100, 641.110, 641.160, 641.170)

     1.  The Board will issue a license as a licensed assistant behavior analyst to an applicant who:

     (a) Meets the requirements of subsection 3 of NRS 641.170;

     (b) Has been certified as an assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or its successor organization;

     (c) Has not previously been convicted of a felony;

     (d) Has not been subject to disciplinary action as an assistant behavior analyst in another jurisdiction;

     (e) Does not have any outstanding complaints or charges pending against him or her as an assistant behavior analyst in another jurisdiction;

     (f) Has not previously been denied licensure by the Board;

     (g) Has passed the state examination administered by the Board pursuant to NAC 641.113;

     (h) Submits to the Board the appropriate application and fees and three letters of professional reference that attest without reservation to the professional competence, moral character and current fitness to practice of the applicant; and

     (i) Complies with subsection 1 of NRS 641.160 by submitting:

          (1) A complete set of the applicant’s fingerprints to the Board with 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; or

          (2) Verification to the Board that the applicant’s fingerprints were forwarded to the Central Repository by the law enforcement agency or other authorized entity taking the fingerprints.

     2.  The Board may require an applicant to appear before the Board to demonstrate the applicant’s:

     (a) Moral character;

     (b) Current fitness to practice as a licensed assistant behavior analyst; and

     (c) Intent to practice as a licensed assistant behavior analyst in a manner consistent with the applicant’s education, training and experience.

     3.  The Board may issue a provisional license to an applicant who has completed all the requirements for licensure pursuant to subsection 1 other than successful completion of the written examination required by paragraph (f) of subsection 3 of NRS 641.170. A provisional license is valid for not more than 1 year and may not be renewed.

     4.  The Board will, in addition to issuing a license to an applicant who meets the requirements of this section, issue to the applicant a copy of the license in the form of a card which is of a size to be carried in a wallet.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.050  Education: Adoption of list of accredited programs; accredited educational institutions. (NRS 641.100, 641.110, 641.170)

     1.  For the purposes of paragraph (c) of subsection 1 of NRS 641.170, the Board adopts the current list of programs holding accreditation status from the American Psychological Association. This current list of programs may be obtained, free of charge, from the American Psychological Association, at the Internet address http://www.apa.org/ed/accreditation.

     2.  For the purposes of paragraph (d) of subsection 2 of NRS 641.170, the Board adopts the current list of programs holding accreditation status from the Association for Behavior Analysis International. This list is available at the Internet address http://www.abainternational.org/BA/education/Education.asp.

     3.  For the purposes of subsections 1, 2 and 3 of NRS 641.170, the Board considers the following to be accredited educational institutions:

     (a) In the United States, all institutions which are regionally accredited by regulatory bodies approved by the Council for Higher Education Accreditation and the United States Department of Education;

     (b) In Canada, all institutions holding membership in the Association of Universities and Colleges of Canada; or

     (c) In any other country, all institutions accredited by the respective official organization having such authority.

     [Bd. of Psychological Exam’rs, § 641.040, eff. 12-14-78]—(NAC A 7-7-82; 8-3-88; 1-24-94; 12-28-95; R117-08, 12-17-2008; R209-09, 10-15-2010; R115-19, 2-28-2022)

      NAC 641.061  Educational requirements for psychologists: Submission of proof that unaccredited training program within United States completed before January 1, 2018, is equivalent to accredited program. (NRS 641.100, 641.110, 641.170)

     1.  An applicant for licensure as a psychologist who, before January 1, 2018, has completed a training program within the United States that is not accredited by the American Psychological Association must establish to the satisfaction of the Board that the program is equivalent to a program accredited by the Association.

     2.  The applicant must present to the Board:

     (a) Transcripts, a description of the training program, letters from the directors of the departments of the institution where the program is conducted or other suitable documents showing that the program substantially complies with the accreditation standards of the American Psychological Association.

     (b) Proof of doctoral training at an institution which is considered by the Board to be an accredited educational institution pursuant to paragraph (a) of subsection 3 of NAC 641.050.

     (c) Proof that the primary purpose of the training program is the professional training of psychologists. Catalogs and brochures advertising the program must indicate that the program is intended to educate and train professional psychologists.

     (d) Proof that the program:

          (1) Is a recognizable, coherent organizational entity within the institution where the program is conducted.

          (2) Is an integrated, organized sequence of study.

          (3) Has an identifiable faculty composed primarily of psychologists and a psychologist who is responsible for the program.

          (4) Has an identifiable body of students who are matriculated in the program for a degree.

          (5) Includes supervised practical, internship, field or laboratory training appropriate to the practice of psychology.

     (e) Proof that the curriculum encompasses at least 3 academic years of full-time graduate study, not including any internships. The Board will count only 12 semester hours or 18 quarter hours of preparation of a dissertation toward the 3 academic years of full-time graduate study.

     (f) Proof that the program requires at least 60 semester hours or 90 quarter hours of credit in courses in substantive psychology. Dissertation hours may be counted toward the minimum hours required.

     (g) Proof that the applicant, while in the program, completed the equivalent of courses consisting of 3 semester hours in the following areas:

          (1) Scientific and professional ethics and standards.

          (2) Research design and methodology.

          (3) Statistics.

          (4) Psychometrics.

          (5) Biological bases of behavior, which may be satisfied by at least one of the following courses:

               (I) Physiological psychology;

               (II) Comparative psychology;

               (III) Neuropsychology;

               (IV) Psychopharmacology; or

               (V) Human sexuality.

          (6) Cognitive-affective bases of behavior, which may be satisfied by at least one of the following courses:

               (I) Learning;

               (II) Memory;

               (III) Perception;

               (IV) Cognition;

               (V) Thinking;

               (VI) Motivation; or

               (VII) Emotion.

          (7) Social bases of behavior, which may be satisfied by at least one of the following courses:

               (I) Social psychology;

               (II) Cultural, ethnic and group processes;

               (III) Sex roles; or

               (IV) Organizational and systems theory.

          (8) Individual differences, which may be satisfied by at least one of the following courses:

               (I) Personality theory;

               (II) Human development;

               (III) Abnormal psychology; or

               (IV) Psychology of persons with disabilities.

     (h) The evaluation of the academic credentials of the applicant conducted pursuant to subsection 3 or 4.

     3.  Except as otherwise provided in subsection 4, to determine whether the content of the courses and the supervised practical, internship, field or laboratory training taken by an applicant are equivalent to a program accredited by the American Psychological Association pursuant to subsection 1, the applicant must have his or her academic credentials, including, without limitation, the required curriculum, evaluated by:

     (a) The Association of State and Provincial Psychology Boards; or

     (b) The director of clinical training of a doctoral program that is accredited by the American Psychological Association and approved by the Board of Psychological Examiners.

     4.  An applicant who is unable to obtain an evaluation as required in subsection 3 may, upon the approval of the Board, have his or her academic credentials evaluated by a designee of the director of clinical training of a doctoral program that is accredited by the American Psychological Association.

     5.  The Board may establish a subcommittee to review the academic credentials of an applicant and present a recommendation to the Board. In determining whether to approve the academic credentials of an applicant pursuant to subsection 3 or 4, the Board will consider any recommendation from the Association of State and Provincial Psychology Boards, the director of clinical training of a doctoral program that is accredited by the American Psychological Association, or a designee of the director of clinical training of a doctoral program that is accredited by the American Psychological Association, as applicable, and the recommendation of the subcommittee, if any, but is not bound to follow such recommendations.

     6.  If the title of any course submitted by an applicant pursuant to paragraph (g) of subsection 2 does not adequately describe its content, the Board or subcommittee, as applicable, may require the applicant to submit additional information regarding the contents of the course, including, without limitation, a syllabus, a university catalog description or a statement from the instructor of the course.

     7.  If the Board finds that the training program completed by an applicant pursuant to this section is not equivalent to a program accredited by the American Psychological Association, the applicant may petition the Board for reconsideration. A decision of the Board upon reconsideration, or a decision of the Board to deny such a petition, is a final decision for the purposes of chapter 233B of NRS.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A 8-24-90; 1-24-94; R117-08, 12-17-2008; R209-09, 10-15-2010; R038-16, 12-21-2016; R114-19, 12-22-2021)

      NAC 641.062  Educational requirements for psychologists: Submission of proof that unaccredited training program within United States completed on or after January 1, 2018, is equivalent to accredited program. (NRS 641.100, 641.110, 641.170)

     1.  An applicant for licensure as a psychologist who, on or after January 1, 2018, has completed a training program within the United States that is not accredited by the American Psychological Association must establish to the satisfaction of the Board that the program is equivalent to a program accredited by the Association.

     2.  The applicant must submit to the Board:

     (a) Transcripts, syllabi, university catalog descriptions, a description of the training program, professional competency evaluations conducted of the applicant while in the program, letters from the directors of the departments of the institution where the program is conducted or other suitable documents showing that the program substantially complies with the accreditation standards for doctoral programs in the Standards of Accreditation for Health Service Psychology of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/index.aspx, and Section C of the Implementing Regulations of the Commission on Accreditation of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/index.aspx; and

     (b) The evaluation of the academic credentials of the applicant conducted pursuant to subsection 4 or 5.

     3.  For the purposes of paragraph (a) of subsection 2, a training program “substantially complies with the accreditation standards for doctoral programs” if the applicant submits to the Board, without limitation, proof:

     (a) Of doctoral training at an institution which is considered by the Board to be an accredited educational institution pursuant to paragraph (a) of subsection 3 of NAC 641.050.

     (b) That the primary purpose of the training program is to provide broad and general training in scientific psychology and in the foundations of practice in health service psychology. The program materials must demonstrate:

          (1) The integration of empirical evidence and practice;

          (2) That the training is sequential, cumulative, graded in complexity and designed to prepare students for practice or further organized training; and

          (3) That the program requires respect for and understanding of cultural and individual differences and diversity.

     (c) That the program:

          (1) Is a recognizable, coherent organizational entity within the institution where the program is conducted.

          (2) Is an integrated, organized sequence of study.

          (3) Has stable leadership provided by one or more designated doctoral-level psychologists who:

               (I) Are members of an identifiable core faculty of the program; and

               (II) Together with other core faculty of the program have primary responsibility for the program’s design, implementation, evaluation and quality.

          (4) Has an identifiable body of students who are matriculated in the program for the purpose of earning a degree.

          (5) Includes supervised practicums which must include, without limitation:

               (I) Supervised experience working with diverse persons who display a variety of presenting problems, diagnoses and issues;

               (II) Supervised experience in settings committed to training and providing experiences consistent with health service psychology competencies, including, without limitation, those competencies listed in paragraphs (e) and (f);

               (III) Supervision provided by appropriately trained and credentialed persons; and

               (IV) Practicum evaluations which are based, at least in part, on direct observation, which may occur in person or via electronic means.

     (d) That the program requires a student to complete successfully at least 3 academic years, or the equivalent, of full-time graduate study which includes at least 2 years, or the equivalent, of academic training and at least 1 year, or the equivalent, in full-time residence. A person seeking to satisfy the requirement for 1 year in full-time residence based on equivalent experience must demonstrate that the experience achieved all the purposes of the requirement, including, without limitation, mentoring, supervision and evaluation regarding the development of professional competence. Experience in a program that was conducted entirely through electronic means may not be used to satisfy the requirements of this paragraph.

     (e) That the applicant, while in the program, acquired and demonstrated substantial graduate-level understanding and competence in discipline-specific knowledge in the following areas:

          (1) The history and systems of psychology.

          (2) Affective aspects of behavior.

          (3) Biological aspects of behavior.

          (4) Cognitive aspects of behavior.

          (5) Social aspects of behavior.

          (6) Developmental aspects of behavior across the lifespan.

          (7) Advanced integrative knowledge in scientific psychology.

          (8) Research methods.

          (9) Quantitative methods.

          (10) Psychometrics.

     (f) That the applicant, while in the program, achieved and demonstrated profession-wide competency in the following areas:

          (1) Research.

          (2) Ethical and legal standards.

          (3) Individual and cultural diversity.

          (4) Professional values, attitudes and behaviors.

          (5) Communication and interpersonal skills.

          (6) Assessment.

          (7) Intervention.

          (8) Supervision.

          (9) Consultation, interprofessional and interdisciplinary skills.

     4.  Except as otherwise provided in subsection 5, to determine whether the training program completed by an applicant is equivalent to a program accredited by the American Psychological Association pursuant to subsection 1, the applicant must have his or her academic credentials, including, without limitation, the required curriculum, evaluated by:

     (a) The Association of State and Provincial Psychology Boards; or

     (b) The director of clinical training of a doctoral program that is accredited by the American Psychological Association and approved by the Board of Psychological Examiners.

     5.  An applicant who is unable to obtain an evaluation as required in subsection 4 may, upon the approval of the Board, have his or her academic credentials evaluated by a designee of the director of clinical training of a doctoral program that is accredited by the American Psychological Association.

     6.  The Board may establish a subcommittee to review the academic credentials of an applicant and present a recommendation to the Board. In determining whether to approve the academic credentials of an applicant pursuant to subsection 4 or 5, the Board will consider any recommendation from the Association of State and Provincial Psychology Boards, the director of clinical training of a doctoral program that is accredited by the American Psychological Association, or a designee of the director of clinical training of a doctoral program that is accredited by the American Psychological Association, as applicable, and the recommendation of the subcommittee, if any, but is not bound to follow such recommendations.

     7.  If the Board finds that the training program completed by an applicant pursuant to this section is not equivalent to a program accredited by the American Psychological Association, the applicant may petition the Board for reconsideration. A decision of the Board upon reconsideration, or a decision of the Board to deny such a petition, is a final decision for the purposes of chapter 233B of NRS.

     (Added to NAC by Bd. of Psychological Exam’rs by R038-16, eff. 12-21-2016; A by R114-19, 12-22-2021)

      NAC 641.0623  Educational requirements for psychologists: Submission of proof that unaccredited training program outside United States is equivalent to accredited program. (NRS 641.100, 641.110, 641.170)

     1.  An applicant for licensure as a psychologist who has completed a training program outside the United States that is not accredited by the American Psychological Association must establish to the satisfaction of the Board that the program is equivalent to a program accredited by the Association.

     2.  The applicant must submit to the Board:

     (a) An original diploma or other certificate of graduation from the training program, which will be returned to the applicant, and a photocopy of the document, which will be retained by the Board.

     (b) A transcript or other appropriate document of all coursework completed in the training program.

     (c) Satisfactory evidence of the completion of the supervised and documented experience required by NAC 641.080.

     (d) A statement, based on the documents listed in this subsection, that describes the chronological sequence of studies, training and research engaged in by the applicant. This statement must be comparable to and communicate the same information as a transcript issued by a university in the United States and must highlight how the education and doctoral internship experience of the applicant conforms to the educational requirements set forth in this section.

     (e) Suitable documents showing that the training program completed by the applicant substantially complies with the accreditation standards for doctoral programs in the Standards of Accreditation for Health Service Psychology of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/index.aspx, and Section C of the Implementing Regulations of the Commission on Accreditation of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/index.aspx.

     (f) A certified translation of any documents submitted pursuant to this subsection which is written in a language other than English.

     (g) The evaluation of the academic credentials of the applicant conducted pursuant to subsection 4, except as otherwise provided in subsection 5.

     3.  For the purposes of paragraph (e) of subsection 2, a training program “substantially complies with the accreditation standards for doctoral programs” if the applicant submits to the Board, without limitation, proof:

     (a) Of doctoral training at an institution which is considered by the Board to be an accredited educational institution pursuant to paragraph (b) or (c) of subsection 3 of NAC 641.050.

     (b) That the primary purpose of the training program is to provide broad and general training in scientific psychology and in the foundations of practice in health service psychology. The program materials must demonstrate:

          (1) The integration of empirical evidence and practice;

          (2) That the training is sequential, cumulative, graded in complexity and designed to prepare students for practice or further organized training; and

          (3) That the program requires respect for and understanding of cultural and individual differences and diversity.

     (c) That the program:

          (1) Is a recognizable, coherent organizational entity within the institution where the program is conducted.

          (2) Is an integrated, organized sequence of study.

          (3) Has stable leadership provided by one or more designated doctoral-level psychologists who:

               (I) Are members of an identifiable core faculty of the program; and

               (II) Together with other core faculty of the program have primary responsibility for the program’s design, implementation, evaluation and quality.

          (4) Has an identifiable body of students who are matriculated in the program for the purpose of earning a degree.

          (5) Includes supervised practicums which must include, without limitation:

               (I) Supervised experience working with diverse persons who display a variety of presenting problems, diagnoses and issues;

               (II) Supervised experience in settings committed to training and providing experiences consistent with health service psychology competencies, including, without limitation, those competencies listed in paragraphs (e) and (f);

               (III) Supervision provided by appropriately trained and credentialed persons; and

               (IV) Practicum evaluations which are based, at least in part, on direct observation, which may occur in person or via electronic means.

     (d) That the program requires a student to complete successfully at least 3 academic years, or the equivalent, of full-time graduate study which includes at least 2 years, or the equivalent, of academic training and at least 1 year, or the equivalent, in full-time residence. A person seeking to satisfy the requirement for 1 year in full-time residence based on equivalent experience must demonstrate that the experience achieved all the purposes of the requirement, including, without limitation, mentoring, supervision and evaluation regarding the development of professional competence. Experience in a program that was conducted entirely through electronic means may not be used to satisfy the requirements of this paragraph.

     (e) That the applicant, while in the program, acquired and demonstrated substantial graduate-level understanding and competence in discipline-specific knowledge in the following areas:

          (1) The history and systems of psychology.

          (2) Affective aspects of behavior.

          (3) Biological aspects of behavior.

          (4) Cognitive aspects of behavior.

          (5) Social aspects of behavior.

          (6) Developmental aspects of behavior across the lifespan.

          (7) Advanced integrative knowledge in scientific psychology.

          (8) Research methods.

          (9) Quantitative methods.

          (10) Psychometrics.

     (f) That the applicant, while in the program, achieved and demonstrated profession-wide competency in the following areas:

          (1) Research.

          (2) Ethical and legal standards.

          (3) Individual and cultural diversity.

          (4) Professional values, attitudes and behaviors.

          (5) Communication and interpersonal skills.

          (6) Assessment.

          (7) Intervention.

          (8) Supervision.

          (9) Consultation, interprofessional and interdisciplinary skills.

     4.  Except as otherwise provided in subsection 5, to determine whether the training program completed by an applicant is equivalent to a program accredited by the American Psychological Association pursuant to subsection 1, the applicant must have his or her academic credentials, including, without limitation, the required curriculum, evaluated by the National Register of Health Service Psychologists. Information regarding obtaining a review is available, free of charge, at the Internet address https://www.nationalregister.org/apply/credentialing-requirements/national-register-doctoral-degree-guidelines/. Upon completion of the evaluation the applicant shall cause the National Register of Health Service Psychologists to submit the evaluation directly to the Board. The Board will review the evaluation and determine whether the program completed by the applicant is equivalent to a program that is accredited by the Association.

     5.  The Board may, upon written request, waive the requirement for an applicant to obtain an evaluation of his or her academic credentials pursuant to subsection 4 if the applicant graduated from a doctoral program that is accredited by the accreditation panel of the Canadian Psychological Association.

     6.  The Board may establish a subcommittee to review the academic credentials of an applicant and present a recommendation to the Board. In determining whether to approve the academic credentials of an applicant pursuant to subsection 4 or 5, the Board will consider any recommendation from the National Register of Health Service Psychologists and the recommendation of the subcommittee, if any, but is not bound to follow such recommendations.

     7.  If the Board finds that the training program completed by an applicant pursuant to this section is not equivalent to a program accredited by the American Psychological Association, the applicant may petition the Board for reconsideration. A decision of the Board upon reconsideration, or a decision of the Board to deny such a petition, is a final decision for the purposes of chapter 233B of NRS.

     8.  The applicant is responsible for paying all fees and costs incurred to obtain an evaluation or translation of his or her academic records.

     9.  It is the responsibility of the applicant to sufficiently demonstrate that the training program completed by the applicant is equivalent to a program accredited by the American Psychological Association.

     (Added to NAC by Bd. of Psychological Exam’rs by R114-19, eff. 12-22-2021)

      NAC 641.0625  Educational requirements for psychologists: Satisfaction of remaining requirements through program of respecialization or equivalent program. (NRS 641.100, 641.110, 641.170)  To meet the educational requirements for licensure as a psychologist set forth in NAC 641.061, 641.062 or 641.0623, as applicable, an applicant who:

     1.  Has not earned a doctoral degree in psychology from an accredited educational institution approved by the Board or completed doctoral-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

     2.  Has met some of the educational requirements for licensure as a psychologist through the completion of doctoral-level training in a related field of study,

Ê must satisfy the remaining educational requirements for licensure as a psychologist through the completion of a program of respecialization that is accredited by the American Psychological Association or a program deemed equivalent by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R038-16, eff. 12-21-2016; A by R114-19, 12-22-2021)

      NAC 641.063  Educational requirements for behavior analysts and assistant behavior analysts: Submission of proof that unaccredited program is equivalent to accredited program. (NRS 641.100, 641.170)

     1.  An applicant for licensure as a licensed behavior analyst or a licensed assistant behavior analyst who has completed a training program not accredited by the Board must establish to the satisfaction of the Board that the program is equivalent to a program accredited by the Association for Behavior Analysis International or its successor organization.

     2.  The applicant must present to the Board transcripts, a description of the training program, letters from the directors of the departments of the institution where the program is conducted or other documents deemed suitable by the Board showing that the program substantially complies with the standards of the Association for Behavior Analysis International or its successor organization, including, without limitation, proof that the program requires at least as many hours covering specific subjects as required for accreditation by the Association for Behavior Analysis International or its successor organization.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.080  Supervised experience: Applicant for licensure as psychologist. (NRS 641.100, 641.110, 641.170)

     1.  Before an applicant is eligible for licensure as a psychologist, he or she must complete 2 years of supervised and documented experience that is the equivalent of full-time experience.

     2.  Except as otherwise provided in subsection 3, the 2 years of experience required pursuant to paragraph (d) of subsection 1 of NRS 641.170 must be supervised experience and must comply with the following requirements:

     (a) The first year must satisfy the requirements of subsection 4; and

     (b) The second year must be postdoctoral, must consist of not less than 1,750 hours and must:

          (1) Meet the guidelines established by the Association of State and Provincial Psychology Boards; or

          (2) Satisfy the requirements of subsection 6.

     3.  If an applicant has been licensed for at least 5 years in the District of Columbia or another state or territory of the United States and has had no disciplinary action or other adverse action taken against him or her by the regulatory body, the 2 years of experience required pursuant to paragraph (d) of subsection 1 of NRS 641.170 must be supervised experience and must comply with the following requirements:

     (a) Each year must consist of not less than 1,500 hours;

     (b) One year must satisfy the requirements of subsection 4; and

     (c) One year must be postdoctoral and must satisfy the requirements of subsection 6.

     4.  For the purposes of paragraph (a) of subsection 2 and paragraph (b) of subsection 3, 1 year of supervised experience must be satisfactorily completed in:

     (a) A doctoral internship program accredited by the American Psychological Association; or

     (b) A doctoral internship that is equivalent to a doctoral internship in a program that is accredited by the American Psychological Association. An applicant, his or her proposed supervisor and a representative of the proposed agency or institution at which the internship will be conducted must submit to the Board a plan to meet the requirements of this paragraph and information showing that the proposed internship substantially complies with the accreditation standards for doctoral internship programs in the Standards of Accreditation for Health Service Psychology of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/index.aspx, and Section C of the Implementing Regulations of the Commission on Accreditation of the American Psychological Association which is available, free of charge, at the Internet address http.//www.apa.org/ed/accreditation/section-c-soa.pdf. Substantial compliance with such standards may be demonstrated by submission to the Board of information showing that the proposed doctoral internship:

          (1) Requires completion of the internship in an agency or institution that provides services to a population sufficient in number and diversity to give the intern adequate experiential exposure to meet the purposes, aims and competencies of the internship.

          (2) Requires the intern to complete a minimum of 2,000 hours of training, which must be completed:

               (I) If on a full-time basis, in not less than 12 months; or

               (II) If on a part-time basis, in not less than 24 months.

          (3) Offers education and training conducted in a single-site or multiple-site setting that prepares interns for the practice of health service psychology.

          (4) Includes a training program that meets the requirements set forth in subsection 5.

     5.  A proposed doctoral internship that is not accredited by the American Psychological Association must include a training program that, without limitation:

     (a) Is an integral part of the mission of the agency or institution in which the program is provided, with administrative and structural processes that facilitate systematic coordination, control, direction and organization of the training activities and resources of the program.

     (b) Recognizes the importance of cultural and individual differences and diversity in the training of psychologists.

     (c) Demonstrates the adequacy of its educational and training resources, including, without limitation, clerical and technical support, access to training materials and equipment that reflect the current knowledge base in the profession, and physical facilities that are appropriate for confidential interactions and are compliant with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto.

     (d) Has policies and procedures that are consistent with those described in the accreditation standards for doctoral internship programs in the Standards of Accreditation for Health Service Psychology of the American Psychological Association, including, without limitation, policies relating to:

          (1) The recruitment and selection of interns;

          (2) The required prior doctoral preparation and experiences;

          (3) Providing administrative and financial assistance to interns;

          (4) The requirements for successful internship performance;

          (5) Performance evaluations, feedback, retention and termination decisions relating to interns;

          (6) The identification and remediation of insufficient competence and problematic behavior by an intern;

          (7) Grievance procedures for interns, including the provision of due process;

          (8) The requirements for supervision of an intern as set forth in paragraphs (q), (r) and (s);

          (9) Maintenance of records; and

          (10) Nondiscrimination, including documentation of such policies and operating procedures.

     (e) Has policies and procedures that are consistent with the profession’s current ethics code and which adhere to:

          (1) The regulations of the agency or institution; and

          (2) All applicable local, state and federal laws regarding due process and fair treatment.

     (f) Requires the retention of records on the performance of interns and complaints and grievances against the program or persons associated with the program.

     (g) Ensures a welcoming, supportive and encouraging learning environment for all interns, including those from diverse and underrepresented communities.

     (h) Recognizes the right of interns, faculty and staff to be treated with courtesy and respect.

     (i) Recognizes science as the core of health service psychology and relies on the current evidence base in the training and assessment of interns.

     (j) Requires an intern to demonstrate competency in profession-wide competencies, including, without limitation:

          (1) Research;

          (2) Ethical and legal standards;

          (3) Individual and cultural diversity;

          (4) Professional values, attitudes and behaviors;

          (5) Communication and interpersonal skills;

          (6) Assessment;

          (7) Intervention;

          (8) Supervision; and

          (9) Consultation, interprofessional and interdisciplinary skills.

     (k) Demonstrates a clear and coherent plan for educational activities that support the achievement of interns in profession-wide and program-specific competencies.

     (l) Employs primarily an experiential training method that:

          (1) Involves the delivery of services by an intern in direct contact with recipients of those services; and

          (2) Includes sufficient observation and supervision by doctoral-level licensed psychologists to facilitate the readiness of the intern to enter into the general practice of psychology upon completion of the training.

     (m) Follows a logical and cumulative training sequence that builds on the skills and competencies acquired by the intern during training and is graded in complexity in a manner consistent with that sequence.

     (n) Demonstrates that the tasks and duties associated with the delivery of service by an intern are primarily learning-oriented and that the training considerations of interns take precedence over the delivery of service and the generation of revenue.

     (o) Maintains appropriate and transparent communication practices, including, without limitation:

          (1) Articulating the commitment of the program to attracting and training diverse clients;

          (2) Ensuring regular communication between the doctoral program and the doctoral internship program;

          (3) Ensuring that all communications with potential and current interns are informative, accurate and transparent;

          (4) Disclosing the status of the program with regard to accreditation; and

          (5) Demonstrating a commitment to public disclosure.

     (p) Provides adequate financial support for:

          (1) Interns;

          (2) Faculty and staff; and

          (3) Sufficient and dependable training activities for the duration of the year or years of any contracts with interns.

     (q) Provides supervision in a regularly scheduled manner and ensures that:

          (1) Each intern has access to consultation and supervision during the times he or she is providing clinical services; and

          (2) Each intern receives not less than 4 hours per week of supervision, including not less than 2 hours per week of face-to-face individual supervision by one or more doctoral-level licensed psychologists who are involved in an ongoing supervisory relationship with the intern and have primary professional responsibility for the cases on which face-to-face individual supervision is provided.

     (r) Ensures that any supervisory hours other than the 2 hours of face-to-face individual supervision required by subparagraph (2) of paragraph (q) are:

          (1) Consistent with the definition of supervision in the glossary of the Standards of Accreditation for Health Service Psychology of the American Psychological Association;

          (2) Conducted by health care professionals who are appropriately credentialed; and

          (3) Interactive experiences in a group or individual format.

     (s) Requires that overall responsibility for the supervision of interns, including oversight and integration of supervision provided by non-psychologist professionals, is maintained by doctoral-level licensed psychologists.

     6.  For the purposes of subparagraph (2) of paragraph (b) of subsection 2 and of paragraph (c) of subsection 3, supervised experience is credited only for:

     (a) Professional work in a setting that provides an opportunity for interaction with colleagues and an opportunity for work with a broad range of clients, including, without limitation, a private practice and a public or private agency, institution or organization; and

     (b) Work experience that is other than experience which is acquired in connection with a practicum for which graduate credits are granted and which complies with the following requirements:

          (1) The number of hours required pursuant to paragraph (b) of subsection 2 or paragraph (a) of subsection 3 must be completed in not less than 10 months and not more than 3 years unless otherwise approved by the Board;

          (2) Unless otherwise approved by the Board:

               (I) At least 50 percent of the hours per week of the supervised experience must be spent providing clinical services, including, without limitation, psychological services rendered directly to an individual, couple, family or group, psychological testing, and individual or group supervision relating to those services; and

               (II) At least 15 percent of the hours per week of the supervised experience must be spent providing face-to-face client care;

          (3) The hours per week of the supervised experience that are not spent in the manner set forth in subparagraph (2) must be spent engaging in an activity related to psychology, including, without limitation, teaching psychology, performing psychological research in a manner not covered by the provisions of subsection 8 and engaging in administrative activities related to psychology or in any other activity related to psychology; and

          (4) At least 40 hours of the supervised experience must be spent receiving training in cultural, ethnic and group processes as social bases of behavior and at least 3 hours of individual face-to-face supervision must be spent focused on that area of psychology. Such hours may be obtained by, without limitation:

               (I) Conducting clinical work directly with culturally diverse or underserved populations;

               (II) Reading materials related to culturally diverse populations;

               (III) Researching an issue related to culturally diverse populations;

               (IV) Attending a workshop, conference or seminar concerning working with culturally diverse populations;

               (V) Giving a presentation related to culturally diverse populations at a workshop, conference or seminar; and

               (VI) Authoring a publication related to culturally diverse populations.

     7.  Unless an applicant is registered as a psychological assistant or psychological intern, he or she may not apply hours during which he or she practiced as another type of licensed medical or behavioral health provider toward the supervised experience that is required for licensure as a psychologist pursuant to this section.

     8.  For faculty hired at an accredited institution of higher education, hours spent engaged in activities related to clinical research involving the provision of treatment to test the efficacy or effectiveness of psychotherapeutic techniques or to test or identify different mechanisms of change or factors related to treatment outcome, may be used to meet the requirements set forth in subparagraph (2) of paragraph (b) of subsection 6. Such activities include, without limitation:

     (a) Supervision of the implementation of treatment protocols;

     (b) Direct implementation of treatment protocols;

     (c) Writing test results and other reports;

     (d) Note writing in connection with the provision of services;

     (e) Data monitoring for adverse effects;

     (f) Working with institutional review boards to ensure patient safety;

     (g) Developing and modifying study design and treatment protocols for the implementation of such studies;

     (h) Monitoring and reviewing treatment sessions during clinical trials for adherence to treatment protocols; and

     (i) Writing the results of such research.

     [Bd. of Psychological Exam’rs, § 641.100, eff. 12-14-78]—(NAC A 7-7-82; 8-24-90; 1-24-94; 12-28-95; R077-02, 7-25-2002; R089-03, 1-18-2005; R038-16, 12-21-2016; R074-18, 1-30-2019; R115-19, 2-28-2022)

REVISER’S NOTE.

      The regulation of the Board of Psychological Examiners filed with the Secretary of State on December 21, 2016 (LCB File No. R038-16), which amended this section, contains the following provision not included in NAC:

      “Sec. 18.  1.  A person who engages in activities as a psychological intern in this State on December 21, 2016, or has engaged in such activities before that date, is exempt from the amendatory requirements of NAC 641.080 until his or her internship is completed or terminated.

      2.  A person who supervises a psychological intern in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.080, 641.1567, 641.158 and section 2 of this regulation [NAC 641.1517] until his or her supervision of the psychological intern is completed or terminated.

      3.  A person who supervises a psychological assistant in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.156 and 641.158 until his or her supervision of the psychological assistant is completed or terminated.”

 

      NAC 641.083  Supervision of licensed assistant behavior analysts and registered behavior technicians. (NRS 641.100, 641.110)

     1.  A licensed assistant behavior analyst must be supervised by a psychologist or a licensed behavior analyst during at least 5 percent of the hours he or she works each month.

     2.  A psychologist, a licensed behavior analyst or a licensed assistant behavior analyst who supervises a registered behavior technician must supervise the registered behavior technician during at least 10 percent of the hours the registered behavior technician works each month.

     3.  The supervision required by subsections 1 and 2 must include, without limitation:

     (a) At least 1 hour each month of one-on-one supervision; and

     (b) At least 4 hours each month of additional direct supervision, which may include, without limitation:

          (1) Videoconferencing, except that this must not constitute more than one-half of the time supervised each month; and

          (2) Group meetings of not more than 10 persons, including each licensed assistant behavior analyst or registered behavior technician who is being supervised by the supervisor.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R127-14, 6-28-2016)

      NAC 641.112  State examination of applicant for licensure as a psychologist: Content; review of failed examination; reexamination; fee; prohibited acts. (NRS 641.100, 641.110, 641.180)

     1.  The Board will administer a state examination to each applicant for a license as a psychologist.

     2.  The state examination will consist of questions addressing the practice of professional psychology, including, without limitation, federal and state laws, ethical principles and codes of professional conduct relevant to the practice of psychology in this State. At least 30 days before the state examination, the Board will furnish a description of the content to be covered in the state examination to each applicant.

     3.  An applicant who fails the state examination may review his or her state examination upon written request submitted to the Board. The written request must be submitted within 10 days after receiving written notice of the failure.

     4.  An applicant who fails the state examination:

     (a) Once or twice may retake the state examination.

     (b) Three times may not retake the state examination unless the applicant requests permission and obtains approval from the Board to retake the state examination for a fourth time. The applicant must submit to the Board a written request to retake the state examination and a written plan explaining the steps the applicant will take to pass the state examination. The Board will approve the request to retake the state examination if the Board determines that the written plan submitted by the applicant is likely to result in the applicant passing the state examination.

     (c) Four or more times may not retake the state examination except as otherwise provided in this paragraph, and his or her application for licensure pursuant to NRS 641.160 is deemed denied. A person whose application is deemed denied pursuant to this paragraph may, not earlier than 18 months after the date on which he or she is notified by the Board that he or she failed that state examination for the immediately preceding time, request permission in writing from the Board to reapply for licensure and retake the state examination. The Board will, if good cause is shown, approve the request.

     5.  The fee for the state examination must be paid before the state examination is administered. A fee must be paid each time the applicant takes the state examination.

     6.  An applicant shall not:

     (a) Remove any notes taken during the state examination;

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

     (c) Engage in any other conduct that results in the disclosure of the contents of the state examination.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 7-11-94; A by R078-99, 3-13-2000; R131-09, 1-28-2010; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.113  State examination of applicants for licensure as licensed behavior analyst or licensed assistant behavior analyst: Content; reexamination; fee; prohibited acts. (NRS 641.100, 641.110, 641.170, 641.172)

     1.  The Board will administer a state examination to each applicant for a license as a licensed behavior analyst or a licensed assistant behavior analyst.

     2.  The state examination will consist of questions addressing the practice of applied behavior analysis, including, without limitation, federal and state laws, ethical principles and codes of professional conduct relevant to the practice of applied behavior analysis in this State. At least 30 days before the state examination is administered, the Board will furnish a description of the content to be covered in the examination to each applicant.

     3.  An applicant who fails the state examination:

     (a) Once or twice may retake the state examination.

     (b) Three times may not retake the state examination unless the applicant requests permission and obtains approval from the Board to retake the state examination for a fourth time. The applicant must submit to the Board a written request to retake the state examination and a written plan explaining the steps the applicant will take to pass the state examination. The Board will approve the request to retake the state examination if the Board determines that the written plan submitted by the applicant is likely to result in the applicant passing the state examination.

     (c) Four or more times may not retake the state examination except as otherwise provided in this paragraph, and his or her application for licensure pursuant to NRS 641.160 is deemed denied. A person whose application is deemed denied pursuant to this paragraph may, not earlier than 18 months after the date on which he or she is notified by the Board that he or she failed that state examination for the immediately preceding time, request permission in writing from the Board to reapply for licensure and retake the state examination. The Board will, if good cause is shown, approve the request.

     4.  The fee for the state examination must be paid before the examination is administered. A fee must be paid each time the applicant takes the state examination.

     5.  An applicant shall not:

     (a) Remove any notes taken during the state examination;

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

     (c) Engage in any other conduct that results in the disclosure of the contents of the state examination.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R127-14, 6-28-2016)

      NAC 641.132  Renewal of license. (NRS 641.100, 641.110, 641.220, 641.232)

     1.  To renew his or her license, a psychologist, licensed behavior analyst or a licensed assistant behavior analyst must submit to the Board an application for renewal, the required fees and the form for the biennial report of continuing education required pursuant to subsection 2. The licensee shall retain evidence of the completion of the continuing education required by NAC 641.136 or 641.1363, as applicable, for at least 5 years after the completion of that continuing education. Evidence of completion of continuing education includes, without limitation, a letter signed by the instructor of the course or program or the agent of the sponsoring agency or organization, and a certificate of completion approved by the Board pursuant to NAC 641.138. Upon the request of the Board, the licensee must provide evidence of completion of the continuing education.

     2.  The Board will mail to each licensee, before the expiration of his or her license, a form for the biennial report of continuing education. Each applicant for renewal must sign the form certifying that:

     (a) He or she has completed the continuing education required by NAC 641.136 or 641.1363, as applicable; and

     (b) The evidence of completion of continuing education required pursuant to subsection 1 is true and accurate.

     3.  If a licensee misrepresents the completion of continuing education, he or she will be subject to disciplinary action, including, without limitation, suspension, revocation or nonrenewal of his or her license. A licensee whose license has been suspended or not renewed must complete the continuing education required by NAC 641.136 or 641.1363, as applicable, before the Board will consider whether to reinstate his or her license.

     4.  If a licensee does not satisfy the continuing education requirement, his or her license will not be renewed and he or she will be subject to disciplinary action. The Board may grant a licensee a 60-day extension if the licensee submits to the Board, on or before December 1 immediately preceding the expiration of his or her license, a written request for an extension which includes a compelling explanation for his or her inability to complete the continuing education requirement during the immediately preceding 2 years.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R090-01, 2-7-2002; R209-09, 10-15-2010)

      NAC 641.133  Placement of license on inactive status; renewal or restoration to active status. (NRS 641.100, 641.110, 641.160, 641.170)

     1.  Upon written request to the Board and payment of the fee prescribed by the Board, a psychologist, licensed behavior analyst or licensed assistant behavior analyst may have his or her license placed on inactive status.

     2.  A person whose license is placed on inactive status shall not engage in the practice of psychology or applied behavior analysis, as applicable, during the period in which the license is on inactive status.

     3.  A person who wishes to renew a license that is placed on inactive status must submit to the Board:

     (a) An application for the renewal of the license; and

     (b) The fee for the biennial renewal of a license on inactive status.

     4.  A person whose license is placed on inactive status may apply to the Board to have the license restored to active status. The Board will restore the license to active status upon:

     (a) The submission of an application for the restoration of the license;

     (b) The payment of the appropriate fee as set forth in NAC 641.019 for the restoration to active status of a license on inactive status;

     (c) The submission of proof of completion of the requirements for continuing education for the 2 years immediately preceding the date of the application;

     (d) If the applicant has engaged in the practice of psychology or applied behavior analysis, as applicable, in another jurisdiction during the period his or her license was on inactive status, the submission of proof that he or she is in good standing and that there are no disciplinary proceedings pending against him or her in that jurisdiction;

     (e) Submission of any other proof the Board may require to determine whether the applicant is qualified and competent to engage in the practice of psychology or applied behavior analysis, as applicable; and

     (f) If the Board considers it necessary, the successful completion of the national examination or the state examination administered by the Board pursuant to NAC 641.112 or 641.113, as applicable.

     (Added to NAC by Bd. of Psychological Exam’rs by R078-99, eff. 3-13-2000; A by R090-01, 2-7-2002; R131-09, 1-28-2010; R209-09, 10-15-2010)

      NAC 641.136  Continuing education: Requirements for renewal of license as a psychologist; acceptance or approval of courses and programs by Board. (NRS 641.100, 641.110, 641.220)

     1.  To renew his or her license, a psychologist must certify to the Board that during the 2 years immediately preceding the date he or she submits an application for renewal, he or she has completed 30 hours of continuing education in courses approved by the Board. At least 6 hours must include instruction in scientific and professional ethics and standards, and common areas of professional misconduct. At least 2 hours must include instruction in evidence-based suicide prevention and awareness. At least 2 hours must include instruction relating to cultural competency and diversity, equity and inclusion. Not more than 15 hours may be obtained from an approved home study course. A licensee may not receive credit for continuing education for a course in which he or she is the instructor.

     2.  Except as otherwise provided in subsection 3, the Board will accept the following types of continuing education courses or programs:

     (a) Formally organized workshops, seminars or classes which maintain an attendance roster and are conducted by or under the auspices of an accredited institution of higher education offering graduate instruction.

     (b) Workshops, seminars or classes which maintain an attendance roster and are certified or recognized by a state, national or international accrediting agency, including, but not limited to:

          (1) The American Psychological Association;

          (2) The American Psychiatric Association;

          (3) The American Medical Association;

          (4) The American Association for Marriage and Family Therapy;

          (5) The American Counseling Association;

          (6) The International Congress of Psychology; or

          (7) The National Association of Social Workers.

     (c) Other workshops, classes, seminars and training sessions in psychology or a closely related discipline which have a formal curriculum and attendance roster and receive approval by the Board.

     (d) Home study courses in psychology or a closely related discipline that are approved by the Board.

     3.  Before a licensee may receive credit for continuing education for a course in scientific and professional ethics and standards and common areas of professional misconduct, for a course in evidence-based suicide prevention and awareness, or for a course relating to cultural competency and diversity, equity and inclusion, the licensee must submit information concerning the course to the Board for approval of the course unless the Board has previously approved the course. The Board will make available at its office a list of courses and programs that are currently approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R090-01, 2-7-2002; R117-08, 12-17-2008; R209-09, 10-15-2010; R038-16, 12-21-2016; R171-18, 1-30-2019; R127-21, 9-28-2022)

      NAC 641.1363  Continuing education: Requirements for renewal of license as a licensed behavior analyst or licensed assistant behavior analyst; courses and programs. (NRS 641.100, 641.110, 641.220)

     1.  To renew his or her license, a licensed behavior analyst or licensed assistant behavior analyst must certify to the Board that during the 2 years immediately preceding the date he or she submits an application for renewal, the applicant has completed 30 hours of continuing education that is approved by the Board. At least 6 hours must include instruction in scientific and professional ethics and standards, and common areas of professional misconduct. At least 2 hours must include instruction in evidence-based suicide prevention and awareness. Not more than 15 hours may be obtained from an approved home study course.

     2.  A licensed behavior analyst or licensed assistant behavior analyst may not receive continuing education credit for a workshop, seminar, class or course in which he or she is the instructor.

     3.  Except as otherwise provided in subsection 4, the continuing education required pursuant to this section may include, without limitation:

     (a) A workshop, seminar, class or home study course in psychology, applied behavior analysis or a closely related discipline which maintains an attendance roster and which is:

          (1) Conducted under the auspices of an accredited college or university offering undergraduate- or graduate-level instruction; or

          (2) Certified or recognized by a state, regional, national or international accrediting agency, including, without limitation:

               (I) The American Association for Marriage and Family Therapy;

               (II) The American Counseling Association;

               (III) The American Medical Association;

               (IV) The American Psychiatric Association;

               (V) The American Psychological Association;

               (VI) The Association for Behavior Analysis International;

               (VII) The Behavior Analyst Certification Board, Inc.;

               (VIII) The International Congress of Psychology; and

               (IX) The National Association of Social Workers; or

     (b) A workshop, seminar, class or home study course in psychology, applied behavior analysis or a closely related discipline which is approved by the Board.

     4.  Before a licensed behavior analyst or a licensed assistant behavior analyst may receive credit for continuing education for a course in scientific and professional ethics and standards, and common areas of professional misconduct or a course in evidence-based suicide prevention and awareness, he or she must submit information concerning the course to the Board for approval of the course, unless the Board has previously approved the course. The Board will make available at its office a list of courses and programs that are currently approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R038-16, 12-21-2016; R171-18, 1-30-2019)

      NAC 641.1365  Continuing education: Hours awarded for certain activities. (NRS 641.100, 641.220)  The Board will award not more than 8 hours of continuing education within a 2-year period to any person licensed by the Board who is appointed by the Board to:

     1.  Conduct or develop an examination; or

     2.  Serve on a committee approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R078-99, eff. 3-13-2000; A by R131-09, 1-28-2010)

      NAC 641.137  Continuing education: Approval by Board; requirements for course or program; subjects. (NRS 641.100, 641.220)

     1.  A continuing education course or program must be approved by the Board pursuant to NAC 641.136 or 641.138 and:

     (a) Be presented in accordance with accepted educational principles at a doctoral or postdoctoral level which is appropriate for professional psychologists;

     (b) Be at least 1 hour in length, not including breaks; and

     (c) Be primarily related to the study of psychology or have a potential application to the practice of psychology.

     2.  The subjects acceptable for a continuing education course or program include, but are not limited to:

     (a) Scientific and professional ethics and standards;

     (b) Forensic issues;

     (c) Research design and methodology;

     (d) Tests and measurements;

     (e) Psychotherapeutic techniques;

     (f) Biological bases of behavior, including physiological psychology, comparative psychology, neuropsychology, human sexuality and psychopharmacology;

     (g) Cognitive and emotional bases of behavior, including learning, memory, perception, cognition, thinking, motivation and emotion;

     (h) Social bases of behavior, including social, group, cultural and ethnic processes, sex roles, and organization and systems therapy;

     (i) Differences in persons, including personality therapy, human development, abnormal psychology, psychopathology and the psychology of persons with disabilities;

     (j) Evidence-based suicide prevention and awareness; and

     (k) Cultural competency and diversity, equity and inclusion. Instruction in cultural competency and diversity, equity and inclusion:

          (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 may need to better understand, as determined by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R090-01, 2-7-2002; R038-16, 12-21-2016; R127-21, 9-28-2022)

      NAC 641.138  Continuing education: Request for approval of course or program. (NRS 641.100, 641.220)

     1.  The Board will evaluate a written request for the approval of a continuing education course or program which is submitted by the sponsoring organization or agency on a form provided by the Board at least 30 days before the first day of the course or program. If the Board does not approve a course or program, the sponsoring organization or agency may, within 30 days after it receives notice of the Board’s disapproval, submit to the Board a written request for reconsideration. A request for reconsideration will be considered by the Board at its next regularly scheduled meeting.

     2.  A written request for approval must include, without limitation:

     (a) The name, address and telephone number of the person submitting the application;

     (b) The name of the sponsoring organization or agency;

     (c) The title of the continuing education course or program;

     (d) The date, time and location of the course or program;

     (e) The number and type of persons expected to attend the course or program and the maximum enrollment, if any;

     (f) The number of hours of instruction, excluding breaks;

     (g) The subjects that the course or program will cover;

     (h) For each instructor:

          (1) His or her name, address and daytime telephone number; and

          (2) His or her professional affiliations, educational background and work history which is relevant to the course or program;

     (i) A description of:

          (1) The goal or purpose of the course or program;

          (2) The content of the course or program;

          (3) The objectives of the course or program;

          (4) The amount of time which will be allotted for each objective of the course or program;

          (5) The instructor who will teach each objective of the course or program;

          (6) The method of teaching each objective of the course or program; and

          (7) The evaluation process which will be used to determine whether the participants achieved the objectives of the course or program;

     (j) A copy of the refund form for the course or program which includes a statement of the refund policy;

     (k) A copy of the certificate of completion for the course or program which must include space for:

          (1) The name of the sponsoring organization;

          (2) The name and signature of each instructor;

          (3) The name of the person who completed the course or program and his or her license number;

          (4) The title of the course or program;

          (5) The number of hours of the course or program;

          (6) The date and location of the course or program; and

          (7) The signature of a person who represents the sponsoring organization; and

     (l) A copy of the brochure or advertising material, if any, for the course or program.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95)

      NAC 641.139  Continuing education: Responsibilities of sponsor of course or program. (NRS 641.100, 641.220)  A sponsoring agency or organization of a continuing education course or program shall provide to the Board:

     1.  The attendance roster for the course or program; and

     2.  Written documentation for each licensee who successfully completed the objectives of the course or program.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95)

      NAC 641.1395  Continuing education: Investigation of complaint regarding course or program. (NRS 641.100, 641.220)  If the Board receives a written complaint concerning an instructor of a continuing education course or program, a sponsoring agency or organization, or both, the Board may investigate the complaint. The investigation may include a determination of the relevant facts and an investigation of the materials and records of the instructor for the course or program.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95)

      NAC 641.150  Genuine collaboration. (NRS 641.100)  A psychologist who practices psychotherapy shall be deemed to have engaged in “genuine collaboration” if:

     1.  The client has not had a recent physical examination and the psychologist refers the client to a qualified physician for such evaluation.

     2.  The patient’s symptoms or complaints may have a physical basis and the psychologist refers the client to a qualified physician for consultation and evaluation.

     3.  Medication or hospitalization are considered as possibilities for treatment of the client and the psychologist refers the client to a qualified physician for a decision and possible treatment.

     [Bd. of Psychological Exam’rs, Policy No. 4, eff. 6-28-65]

      NAC 641.1503  Application for licensure deemed withdrawn: Incomplete application; failure to take national examination; reapplication. (NRS 641.100, 641.110, 641.170)

     1.  An application for licensure as a psychologist shall be deemed withdrawn and all fees for the application are forfeited if:

     (a) The application is not completed as described in NRS 641.170 within 2 years after the date on which the Board first received the application materials; or

     (b) The applicant has not taken the national examination required pursuant to NRS 641.180 within 2 years after the date on which the Board first received the application materials.

     2.  An application for licensure as a licensed behavior analyst or a licensed assistant behavior analyst shall be deemed withdrawn and all fees for the application are forfeited if the application is not completed as described in NRS 641.170 within 2 years after the date on which the Board first received the application.

     3.  If an application is deemed withdrawn pursuant to this section, the applicant may reapply for such licensure and must pay any application fees in effect at the time of the reapplication.

     (Added to NAC by Bd. of Psychological Exam’rs by R117-08, eff. 12-17-2008; A by R209-09, eff. 10-15-2010; R127-14, 6-28-2016; R074-18, 1-30-2019)

FIRMS, PARTNERSHIPS AND CORPORATIONS

      NAC 641.1505  Registration; notification of certain changes; exemption from requirements. (NRS 641.100, 641.113)

     1.  Except as otherwise provided in subsection 3, a firm, partnership or corporation that engages in or offers to engage in the practice of psychology must register with the Board and pay the fee for registration before it commences to engage in or offer to engage in the practice of psychology.

     2.  A firm, partnership or corporation shall notify the Board of any change in ownership or of the addition or departure of any psychologist associated with the firm, partnership or corporation within 30 days after the change. The firm, partnership or corporation must complete a new registration for any change in ownership.

     3.  The following entities are exempt from the requirements of this section:

     (a) A federal, state or local governmental agency or institution.

     (b) A firm or corporation that bears the name of a psychologist who is the only person practicing under the name of the firm or corporation.

     (c) A firm, partnership or corporation that is formed for the sole purpose of sharing administrative expenses, including, without limitation, rent, services for billing patients and clerical support, if:

          (1) The place of business of the firm, partnership or corporation is not identified by the name of the firm, partnership or corporation;

          (2) Records of patients, correspondence concerning patients and materials for billing patients do not display the name of the firm, partnership or corporation;

          (3) The name of the firm, partnership or corporation is not used in any advertising by the firm, partnership or corporation;

          (4) The firm, partnership or corporation does not hold a business license issued by a county, city or town to engage in the practice of psychology; and

          (5) Professional liability insurance is not held in the name of the firm, partnership or corporation.

     (Added to NAC by Bd. of Psychological Exam’rs by R153-97, eff. 12-19-97; A by R077-02, 7-25-2002; R089-03, 1-18-2005)

PSYCHOLOGICAL ASSISTANTS, INTERNS AND TRAINEES; UNLICENSED PERSONNEL

General Provisions

      NAC 641.1506  Definitions. (NRS 641.100)  As used in NAC 641.1506 to 641.168, inclusive, the words and terms defined in NAC 641.15065 and 641.1507 have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.15065  “Face-to-face” defined. (NRS 641.100)  “Face-to-face” means an in-person interaction or an interaction through the use of audiovisual communication technology, not including standard telephone, facsimile or electronic mail.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.1507  “Supervisor” defined. (NRS 641.100)  “Supervisor” means a psychologist who supervises a psychological assistant, psychological intern or psychological trainee pursuant to this chapter, whether or not he or she seeks reimbursement under the State Plan for Medicaid for the services rendered under the authorized scope of practice of the psychological assistant, psychological intern or psychological trainee pursuant to NRS 422.27239.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R209-09, 10-15-2010; R111-13, 10-24-2014; R074-18, 1-30-2019)—(Substituted in revision for NAC 641.017)

Psychological Assistants, Interns and Trainees

      NAC 641.151  Psychological assistants: Registration. (NRS 641.100, 641.110, 641.170)

     1.  A person must register with the Board as a psychological assistant if the person wishes to obtain any postdoctoral supervised experience that is required pursuant to paragraph (b) of subsection 2 of NAC 641.080 or paragraph (c) of subsection 3 of NAC 641.080 for licensure as a psychologist by submitting the appropriate application to the Board.

     2.  Unless otherwise approved by the Board, a person may apply to the Board for registration as a psychological assistant only after he or she graduates with a doctoral degree from:

     (a) A training program which is accredited by the American Psychological Association or a program which meets the requirements of:

          (1) NAC 641.061 if the applicant graduated before January 1, 2018; or

          (2) NAC 641.062 if the applicant graduated on or after January 1, 2018; or

     (b) An institution which meets the requirements of subsection 3 of NAC 641.050.

     3.  Initial registration as a psychological assistant is valid for 1 year. Except as otherwise provided in subsection 4, a psychological assistant may not renew his or her registration if it would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.

     4.  A person who has obtained the amount of postdoctoral supervised experience required pursuant to paragraph (b) of subsection 2 of NAC 641.080 or paragraph (c) of subsection 3 of NAC 641.080 in the District of Columbia or another state or territory of the United States, but has not completed the other requirements for licensure as a psychologist, must register as a psychological assistant. A psychological assistant may not renew his or her registration pursuant to this subsection if it would cause the psychological assistant to be registered as a psychological assistant for more than 2 years unless otherwise approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A 8-24-90; 1-24-94; 12-28-95; R089-03, 1-18-2005; R117-08, 12-17-2008; R209-09, 10-15-2010; R038-16, 12-21-2016; R074-18, 1-30-2019)

      NAC 641.1515  Psychological interns: Registration. (NRS 641.100, 641.170)

     1.  Unless the person is participating in a federally-regulated internship program, a person may register with the Board as a psychological intern by submitting the appropriate application to the Board if the person wishes to obtain any predoctoral supervised experience that is required pursuant to paragraph (a) of subsection 2 of NAC 641.080 or paragraph (b) of subsection 3 of NAC 641.080.

     2.  Unless otherwise approved by the Board, a person may apply to the Board for registration as a psychological intern only after he or she has provided to the Board proof that he or she is currently enrolled on at least a part-time basis to obtain a doctoral degree from:

     (a) A program which is accredited by the American Psychological Association or meets the requirements of NAC 641.061 or 641.062, as applicable; or

     (b) An institution which meets the requirements of subsection 3 of NAC 641.050.

     3.  Registration as a psychological intern is valid for 2 years unless otherwise approved by the Board.

     4.  After a psychological intern has obtained the amount of predoctoral supervised experience required pursuant to paragraph (a) of subsection 2 of NAC 641.080 or paragraph (b) of subsection 3 of NAC 641.080, he or she may not apply for renewal of his or her registration as a psychological intern.

     (Added to NAC by Bd. of Psychological Exam’rs by R111-13, eff. 10-24-2014; A by R038-16, 12-21-2016; R074-18, 1-30-2019)

      NAC 641.1516  Psychological trainees: Registration. (NRS 641.100, 641.110, 641.170)

     1.  Unless otherwise approved by the Board, a person may apply to the Board for registration as a psychological trainee only after he or she has provided to the Board proof that he or she is currently enrolled on at least a part-time basis to obtain a doctoral degree from:

     (a) A program which is accredited by the American Psychological Association or meets the requirements of NAC 641.062; or

     (b) An institution which meets the requirements of subsection 3 of NAC 641.050.

     2.  Initial registration as a psychological trainee is valid for 2 years.

     3.  Registration as a psychological trainee may be renewed once for 2 years and for a second renewal period of 1 year unless otherwise approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.15165  Psychological assistants, interns and trainees: Application for registration deemed withdrawn; reapplication. (NRS 641.100, 641.110, 641.170)

     1.  An application for registration as a psychological assistant, psychological intern or psychological trainee shall be deemed withdrawn if the application is not completed within 2 years after the date on which the Board first received the application materials.

     2.  If an application is deemed withdrawn pursuant to this section, the applicant may reapply for such registration and must pay any application fees in effect at the time of the reapplication.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019)

      NAC 641.1517  Psychological interns and trainees: Agreement between supervisor and doctoral training program. (NRS 641.100, 641.110, 641.170)

     1.  A supervisor shall provide to the Board a copy of a written agreement between the supervisor and the doctoral training program of each psychological intern or psychological trainee whom he or she supervises. The agreement must include, without limitation:

     (a) An outline of the skill level of the psychological intern or psychological trainee at the beginning of the supervised experience.

     (b) The goals for the supervised experience of the psychological intern or psychological trainee.

     (c) A format and procedure for reporting to the doctoral training program the following information concerning the psychological intern or psychological trainee:

          (1) His or her progress in building skills;

          (2) His or her progress toward meeting the goals specified in paragraph (b); and

          (3) Any areas requiring continued growth.

     (d) An acknowledgment that the written agreement must be in place in order for the psychological intern or psychological trainee to:

          (1) Have lawful and ethical access to clients and the protected health information of clients; and

          (2) Use his or her supervised experience to make progress toward a degree, certification or license.

     (e) The schedule of meetings between the supervisor and the psychological intern or psychological trainee relating to the supervision of the psychological intern or psychological trainee.

     2.  If a psychological intern or psychological trainee has multiple supervisors, the schedule of meetings included in the written agreement pursuant to paragraph (e) of subsection 1 must include the name of each supervisor of the psychological intern or psychological trainee who is scheduled to attend each meeting.

     (Added to NAC by Bd. of Psychological Exam’rs by R038-16, eff. 12-21-2016; A by R074-18, 1-30-2019)

REVISER’S NOTE.

      The regulation of the Board of Psychological Examiners filed with the Secretary of State on December 21, 2016 (LCB File No. R038-16), which amended this section, contains the following provision not included in NAC:

      “Sec. 18.  1.  A person who engages in activities as a psychological intern in this State on December 21, 2016, or has engaged in such activities before that date, is exempt from the amendatory requirements of NAC 641.080 until his or her internship is completed or terminated.

      2.  A person who supervises a psychological intern in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.080, 641.1567, 641.158 and section 2 of this regulation [NAC 641.1517] until his or her supervision of the psychological intern is completed or terminated.

      3.  A person who supervises a psychological assistant in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.156 and 641.158 until his or her supervision of the psychological assistant is completed or terminated.”

 

      NAC 641.1519  Qualifications of supervisor. (NRS 641.100, 641.170)

     1.  A psychologist who wishes to serve as a supervisor of a psychological assistant, psychological intern or psychological trainee must:

     (a) Except as otherwise approved by the Board, be licensed by the Board to practice psychology; and

     (b) Have had training in clinical supervision, including, without limitation, the completion of continuing education courses, other courses or courses of independent study relating to clinical supervision.

     2.  In addition to the requirements of subsection 1, a psychologist who wishes to serve as a supervisor of a psychological assistant must, except as otherwise approved by the Board, have been licensed to practice psychology for 3 years or more.

     3.  A supervisor of:

     (a) A psychological assistant shall maintain, and provide to the Board upon request, documentation substantiating that he or she satisfies the requirements set forth in subsections 1 and 2.

     (b) A psychological intern or psychological trainee shall maintain, and provide to the Board upon request, documentation substantiating that he or she satisfies the requirements set forth in subsection 1.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R117-08, 12-17-2008; R038-16, 12-21-2016; R074-18, 1-30-2019)—(Substituted in revision for NAC 641.1563)

      NAC 641.15195  Powers and duties of supervisor. (NRS 641.100, 641.170)

     1.  A supervisor shall employ methods of proper and diligent oversight of a psychological assistant, psychological intern or psychological trainee who is under his or her supervision to meet his or her ethical and legal responsibilities set forth in subsection 2 of NAC 641.161. Such methods must include the implementation of policies and procedures that ensure the accessibility of the supervisor to the psychological assistant, psychological intern or psychological trainee commensurate with the professional developmental level of the psychological assistant, psychological intern or psychological trainee as required by the agreement submitted to the Board pursuant to NAC 641.1517 or 641.153, as applicable. Such methods may include:

     (a) The physical presence of the supervisor;

     (b) Availability of or observation by the supervisor electronically or by fiber optics; and

     (c) Availability of another licensed medical or behavioral health provider at the site at which the psychological assistant, psychological intern or psychological trainee is providing services.

     2.  To ensure compliance with subsection 1, a supervisor may employ various modes and methods of supervision of a psychological assistant, psychological intern or psychological trainee under his or her supervision, including, without limitation:

     (a) Individual supervision;

     (b) Group supervision;

     (c) Tracking the progress of clients and patients treated or assessed by the psychological assistant, psychological intern or psychological trainee;

     (d) Conducting therapy or an assessment with the psychological assistant, psychological intern or psychological trainee;

     (e) Discussing the cases of clients and patients with the psychological assistant, psychological intern or psychological trainee;

     (f) Directly observing the delivery of services by the psychological assistant, psychological intern or psychological trainee, either in person or through the use of a remote technology system which uses electronic, digital or other similar technology; or

     (g) Reviewing audio or video recordings of the delivery of services by the psychological assistant, psychological intern or psychological trainee.

     3.  A supervisor shall:

     (a) Maintain primary responsibility for the care plan of each client and patient treated or assessed by a psychological assistant, psychological intern or psychological trainee under his or her supervision; and

     (b) Review and sign all clinical documentation, including, without limitation, reports, treatment plans and progress notes, for all services provided by a psychological assistant, psychological intern or psychological trainee under his or her supervision, including, without limitation, those services for which he or she is seeking reimbursement under the State Plan for Medicaid that were rendered under the authorized scope of practice of the psychological assistant, psychological intern or psychological trainee pursuant to NRS 422.27239, as applicable.

     4.  Except as otherwise provided in this subsection, a supervisor shall be available to a psychological assistant, psychological intern or psychological trainee whom he or she supervises while the psychological assistant, psychological intern or psychological trainee is providing services to a client or patient. A supervisor shall arrange for the availability of another appropriate licensed medical or behavioral health provider to be on site in the case of the absence of the supervisor.

     5.  A supervisor shall provide to the Board:

     (a) Evidence of the manner in which he or she meets his or her supervisory duties as outlined in subsections 1 and 2.

     (b) Upon the registration of a psychological assistant, psychological intern or psychological trainee, a training plan that includes, without limitation, the policies the supervisor will put in place to ensure the availability of the supervisor and the modes, methods, procedures or policies the supervisor intends to employ to ensure compliance with this section and NAC 641.161.

     (Added to NAC by Bd. of Psychological Exam’rs by R074-18, eff. 1-30-2019; A by R121-21, 9-28-2022)

      NAC 641.152  Psychological assistants, interns and trainees: Requirements for supervision and control of work; assignment to specialist for specific skill training. (NRS 641.100, 641.170)

     1.  Except as otherwise provided in subsection 5, a psychological assistant or psychological intern may work only under the supervision and control of a psychologist who satisfies the requirements of NAC 641.1519.

     2.  Except as otherwise provided in subsection 5, a psychological trainee may work only under the supervision and control of a supervisor who is formally assigned by his or her home doctoral training program in compliance with required practicum training elements set forth in the Standards of Accreditation for Health Service Psychology of the American Psychological Association and Section C of the Implementing Regulations of the Commission on Accreditation of the American Psychological Association.

     3.  Subject to the conditions set forth in subsection 5 and NAC 641.161:

     (a) A psychological assistant may supervise a psychological intern or psychological trainee for the purposes of training in supervision in accordance with the national training standards set forth in the Standards of Accreditation for Health Service Psychology of the American Psychological Association, which is available, free of charge, at the Internet address http://www.apa.org/ed/accreditation/section-c-soa.pdf.

     (b) A psychological intern may supervise a psychological trainee for the purposes of training in supervision in accordance with the national training standards set forth in the Standards of Accreditation for Health Service Psychology of the American Psychological Association.

     4.  The supervisor of a psychological assistant, psychological intern or psychological trainee is responsible for:

     (a) The adequate supervision of the psychological assistant, psychological intern or psychological trainee; and

     (b) The care plan of each client and patient treated or assessed by a psychological intern or psychological trainee under the supervision of the psychological assistant or psychological intern, as applicable, pursuant to subsection 3.

     5.  For specific skill training, the supervisor of a psychological assistant, psychological intern or psychological trainee may assign the psychological assistant, psychological intern or psychological trainee to a specialist, including, without limitation, a person who is licensed in this State as a psychiatrist, behavior analyst, social worker, marriage and family therapist or clinical professional counselor or a person who is licensed or certified in this State as an alcohol and drug counselor. The specialist must have clearly established practice and teaching skills that are demonstrable to the satisfaction of the Board. Not more than one-quarter of the number of supervised hours needed to fulfill the required year of postdoctoral experience may be accrued under the direction of specialists. Any services submitted by a supervisor for reimbursement under the State Plan for Medicaid that were rendered under the authorized scope of practice of a psychological assistant, psychological intern or psychological trainee pursuant to NRS 422.27239 while under the supervision of a specialist pursuant to this subsection must also be supervised by the supervisor.

     6.  A psychological assistant or psychological intern must be:

     (a) An employee of the supervisor; or

     (b) If the psychological assistant or psychological intern is not employed by the supervisor and the supervisor is not employed by the agency at which the psychological assistant or psychological intern is based, a party to a written agreement with the supervisor and agency specifying payment terms and the role of the supervisor or training committee over the training of the psychological assistant or psychological intern, including, without limitation, acknowledgement by all parties that:

          (1) The supervisor or training committee will have access to all patient medical records and full oversight and responsibility for the work and training plan of the psychological assistant or psychological intern; and

          (2) The psychological assistant or psychological intern may not be an independent contractor of the supervisor or agency during the term of the contract.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A 8-24-90; R089-03, 1-18-2005; R111-13, 10-24-2014; R133-17, 12-19-2018; R074-18, 1-30-2019; R115-19, 2-28-2022)

      NAC 641.153  Agreement regarding employment. (NRS 641.100, 641.170)  An employment agreement which is proposed to be entered into by a psychological assistant or psychological intern and his or her employing supervisor or agency must:

     1.  Acknowledge that such employment complies with regulations adopted by the Board relating to the practice of psychological assistants or psychological interns, as applicable; and

     2.  Be submitted in writing to and approved by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A by R111-13, 10-24-2014; R074-18, 1-30-2019)

      NAC 641.154  Requirements for payment of stipend, wages or fees; compensation of supervisor; emphasis of supervision. (NRS 641.100, 641.170)

     1.  Except as otherwise provided in this subsection, a psychological assistant or psychological intern is entitled to be paid a stipend in equal amounts on a fixed schedule over the course of his or her training. The stipend may not be paid based on the number of clients treated or assessed, the amount of money reimbursed by an insurance plan or a percentage of the fees received. An employment agreement which is proposed to be entered into by a psychological assistant or psychological intern and does not provide for the payment of a stipend may be approved by the Board pursuant to NAC 641.153 if the Board determines that the agreement is in the best interest of the psychological assistant or psychological intern.

     2.  If a psychological trainee is paid, he or she must be paid a fixed wage on a periodic basis, and may not be paid based on the number of clients treated or assessed, the amount of money reimbursed by an insurance plan or a percentage of the fees received.

     3.  A psychological assistant, psychological intern or psychological trainee may not receive fees for professional services except as the agent of his or her employing supervisor or agency.

     4.  Except as otherwise provided in this subsection, a supervisor may not accept compensation from a psychological assistant, psychological intern or psychological trainee for his or her supervision. In extenuating circumstances, the Board may approve the acceptance of such compensation by a supervisor. Any agreement concerning compensation of a supervisor by a psychological assistant, psychological intern or psychological trainee for his or her supervision must:

     (a) Clearly establish which licensed mental health or behavioral health professional accepts responsibility for the practice of the psychological assistant, psychological intern or psychological trainee pursuant to subsection 2 of NAC 641.161; and

     (b) Be approved by the Board before it becomes effective.

     5.  A supervisor shall ensure that the emphasis of the supervised experience of a psychological assistant, psychological intern or psychological trainee whom he or she supervises is on training the psychological assistant, psychological intern or psychological trainee, as applicable, rather than on the raising of revenue by the psychological assistant, psychological intern or psychological trainee, as applicable.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A by R089-03, 1-18-2005; R111-13, 10-24-2014; R074-18, 1-30-2019; R115-19, 2-28-2022)

      NAC 641.1565  Supervision involving potential conflict of interest prohibited. (NRS 641.100, 641.170)

     1.  A supervisor shall not supervise a psychological assistant, psychological intern or psychological trainee if that supervision involves a potential conflict of interest, including, without limitation, supervision of a psychological assistant, psychological intern or psychological trainee:

     (a) Who is a member of the supervisor’s household;

     (b) Who is related to the supervisor by blood, adoption or marriage, within the third degree of consanguinity or affinity;

     (c) With whom the supervisor has had or is having a dating relationship;

     (d) With whom the supervisor has a financial or business relationship, including, without limitation, an agreement concerning compensation of the supervisor by the psychological assistant, psychological intern or psychological trainee for his or her supervision, unless the financial or business relationship is approved by the Board or authorized by NAC 641.154; and

     (e) With whom the supervisor has a psychologist-patient relationship.

     2.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R111-13, 10-24-2014; R074-18, 1-30-2019)

      NAC 641.1567  Duties of supervisor regarding preparation and maintenance of records and notification of Board. (NRS 641.100, 641.170)

     1.  A supervisor shall prepare records that will enable him or her to:

     (a) Effectively train and evaluate each psychological assistant, psychological intern or psychological trainee whom he or she supervises; and

     (b) Accurately determine the number of hours of supervised experience obtained by each psychological assistant, psychological intern or psychological trainee whom he or she supervises.

     2.  A supervisor shall maintain all records relating to the supervision of a psychological assistant, psychological intern or psychological trainee, including, without limitation, the records required to be maintained pursuant to NAC 641.1517, 641.157, 641.159 and 641.219, for not less than 5 years after the last date of supervision. Upon request, such records must be available for inspection by the Board.

     3.  A supervisor shall notify the Board within 10 days after his or her supervision of a psychological assistant, psychological intern or psychological trainee is completed or terminated.

     4.  A supervisor shall notify the Board of any change in his or her residential address or business address within 30 days after the change.

     (Added to NAC by Bd. of Psychological Exam’rs by R089-03, eff. 1-18-2005; A by R111-13, 10-24-2014; R038-16, 12-21-2016; R074-18, 1-30-2019)

REVISER’S NOTE.

      The regulation of the Board of Psychological Examiners filed with the Secretary of State on December 21, 2016 (LCB File No. R038-16), which amended this section, contains the following provision not included in NAC:

      “Sec. 18.  1.  A person who engages in activities as a psychological intern in this State on December 21, 2016, or has engaged in such activities before that date, is exempt from the amendatory requirements of NAC 641.080 until his or her internship is completed or terminated.

      2.  A person who supervises a psychological intern in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.080, 641.1567, 641.158 and section 2 of this regulation [NAC 641.1517] until his or her supervision of the psychological intern is completed or terminated.

      3.  A person who supervises a psychological assistant in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.156 and 641.158 until his or her supervision of the psychological assistant is completed or terminated.”

 

      NAC 641.157  Duties of supervisor regarding meetings and face-to-face individual supervision; documentation; grounds for discipline of supervisor for failure to comply. (NRS 641.100, 641.170)

     1.  A supervisor shall meet individually with the psychological assistant, psychological intern or psychological trainee whom he or she supervises commensurate with the professional development level of the psychological assistant, psychological intern or psychological trainee.

     2.  A supervisor shall provide a full-time psychological assistant whom he or she supervises with at least 1 hour of face-to-face individual supervision each week or a proportional level of supervision for a part-time psychological assistant.

     3.  A supervisor shall provide a full-time psychological intern whom he or she supervises with at least the number of hours of face-to-face individual supervision each week required pursuant to subparagraph (2) of paragraph (q) of subsection 5 of NAC 641.080 or a proportional level of supervision for a part-time psychological intern.

     4.  A supervisor shall provide a psychological trainee whom he or she supervises with at least 1 hour of face-to-face individual supervision each week for every 10 hours of placement of the psychological trainee at his or her assigned training site.

     5.  The supervisor shall document the hours of face-to-face individual supervision provided pursuant to subsections 2, 3 and 4, as applicable.

     6.  A supervisor who does not adequately supervise a psychological assistant, psychological intern or psychological trainee is subject to disciplinary action by the Board for committing an unethical practice contrary to the interest of the public.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 7-7-82; A 8-3-88; R089-03, 1-18-2005; R111-13, 10-24-2014; R038-16, 12-21-2016; R074-18, 1-30-2019)

      NAC 641.158  Limitations on number of assistants, interns, trainees and supervisors; limitation on number of training sites for psychological trainees. (NRS 641.100, 641.170)

     1.  A psychologist may serve as a supervisor to:

     (a) Not more than three full-time equivalent psychological assistants;

     (b) Not more than two full-time equivalent psychological interns;

     (c) Not more than four part-time psychological trainees working not more than 10 hours each per week; or

     (d) A combination of not more than five psychological assistants, psychological interns, psychological trainees or other interns licensed, registered or certified, as applicable, under the provisions of chapter 641A, 641B or 641C of NRS,

Ê at the same time.

     2.  A psychological assistant or psychological intern may not be employed by more than two supervisors at the same time.

     3.  A psychological trainee may not be assigned to more than two training sites at the same time.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A by R089-03, 1-18-2005; R111-13, 10-24-2014; R038-16, 12-21-2016; R074-18, 1-30-2019)

REVISER’S NOTE.

      The regulation of the Board of Psychological Examiners filed with the Secretary of State on December 21, 2016 (LCB File No. R038-16), which amended this section, contains the following provision not included in NAC:

      “Sec. 18.  1.  A person who engages in activities as a psychological intern in this State on December 21, 2016, or has engaged in such activities before that date, is exempt from the amendatory requirements of NAC 641.080 until his or her internship is completed or terminated.

      2.  A person who supervises a psychological intern in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.080, 641.1567, 641.158 and section 2 of this regulation [NAC 641.1517] until his or her supervision of the psychological intern is completed or terminated.

      3.  A person who supervises a psychological assistant in this State on December 21, 2016, is exempt from the amendatory requirements of NAC 641.156 and 641.158 until his or her supervision of the psychological assistant is completed or terminated.”

 

      NAC 641.159  Log of supervised experience. (NRS 641.100, 641.170)

     1.  A supervisor and his or her psychological assistant, psychological intern or psychological trainee shall keep a regular log of supervised professional experience intended to meet the requirements of paragraph (d) of subsection 1 of NRS 641.170.

     2.  The log must show:

     (a) The nature of the professional activities and services rendered by the psychological assistant, psychological intern or psychological trainee;

     (b) The population or clients served; and

     (c) Any supervisory contacts.

     3.  Entries to the log must be verified by the supervisor and the psychological assistant, psychological intern or psychological trainee.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A by R089-03, 1-18-2005; R111-13, 10-24-2014; R074-18, 1-30-2019; R115-19, 2-28-2022)

      NAC 641.161  Responsibility to inform clients of status of assistant, intern or trainee; ethical and legal responsibility of supervisor for professional activities of assistant, intern or trainee; restrictions on advertising or listing. (NRS 641.100, 641.170)

     1.  A supervisor and his or her psychological assistant, psychological intern or psychological trainee are responsible for informing clients of the status of the psychological assistant, psychological intern or psychological trainee.

     2.  The supervisor is ethically and legally responsible for:

     (a) All professional activities undertaken by the psychological assistant, psychological intern or psychological trainee;

     (b) The welfare of the patients and clients treated by a psychological assistant, psychological intern or psychological trainee under his or her supervision; and

     (c) The development in competency of any psychological assistant, psychological intern or psychological trainee under his or her supervision.

     3.  A psychological assistant, psychological intern or psychological trainee may not independently advertise or misrepresent himself or herself as independently licensed. When listed on any roster, panel or directory or named in any professional materials or correspondence, a psychological assistant, psychological intern or psychological trainee must indicate his or her title and status as a psychological assistant, psychological intern or psychological trainee and the name of his or her supervisor.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-3-88; A by R111-13, 10-24-2014; R074-18, 1-30-2019)

Unlicensed Personnel

      NAC 641.168  Psychological testing. (NRS 641.100)

     1.  A licensed psychologist may have personnel who are not licensed pursuant to chapter 641 of NRS perform the following types of psychological testing under the psychologist’s direct supervision and periodic observation:

     (a) Objective written psychological tests may be administered and scored only by a person who has successfully completed training to administer and score such tests.

     (b) Objective tests that require a response other than in writing may be administered and scored only by a school psychologist or a person who has completed the training in psychometrics that is required for a master’s degree.

     (c) Projective tests may be administered and scored only by a psychological assistant or a psychological intern who has successfully completed training to administer and score such tests.

     2.  The results of a psychological test may be interpreted only by a psychological assistant or a psychological intern who has successfully completed training to interpret such a test.

     3.  The supervising psychologist is responsible at all times for the actions of the personnel who administer, score and interpret such psychological tests.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 7-11-94)

PERSONS ENGAGED IN TEACHING PSYCHOLOGY OR PSYCHOLOGICAL RESEARCH

      NAC 641.1685  Exemption from licensure; licensure, registration or approval of Board required if teaching or research involves delivery or supervision of direct psychological services. (NRS 641.100, 641.110, 641.170, 641.390)

     1.  Except as otherwise provided in subsection 2, a person who is engaged in the teaching of psychology or in psychological research is not required to obtain a license to practice psychology pursuant to chapter 641 of NRS.

     2.  A person shall not engage in the teaching of psychology or in psychological research that involves the delivery or supervision of direct psychological services unless he or she:

     (a) Holds a license to practice psychology pursuant to chapter 641 of NRS;

     (b) Is actively registered as a psychological assistant pursuant to chapter 641 of NRS; or

     (c) Has obtained approval from the Board to engage in such teaching or research without holding a license to practice psychology or being actively registered as a psychological assistant.

     (Added to NAC by Bd. of Psychological Exam’rs by R115-19 & R173-20, eff. 2-28-2022)

NONRESIDENT PSYCHOLOGICAL CONSULTANTS

      NAC 641.169  Approval to practice; scope of practice. (NRS 641.100, 641.0295)

     1.  A psychologist who is invited to practice in Nevada pursuant to NRS 641.0295 shall submit to the Board:

     (a) An application for approval to practice as a consultant in this State. The application must be submitted at least 30 days before the psychologist intends to begin practice in this State.

     (b) A letter from the inviting psychologist stating that he or she will have primary responsibility for the professional conduct of the invited psychologist.

     (c) A sworn statement by the invited psychologist that he or she will only practice as a consultant in this State.

     2.  An invited psychologist must obtain the approval of the Board before practicing as a consultant in this State.

     3.  The Board will approve the application by a psychologist seeking to practice as a consultant in this State pursuant to subsection 1 if the psychologist submits to the Board:

     (a) Proof that he or she is in good standing in the jurisdiction in which he or she is licensed or credentialed and that there are no disciplinary proceedings pending against him or her in that jurisdiction; and

     (b) Any other information the Board may require to determine the qualifications and competency of the psychologist to practice as a consultant in this State.

     4.  A psychologist approved as a consultant pursuant to this section may only engage in this State in services of limited duration and responsibility which are provided in consultation with an inviting psychologist and include, without limitation, testifying as an expert witness in a court proceeding or conducting a one-time evaluation for a specific purpose, including, without limitation, a court proceeding or the preparation of a presentence report. The consultant may not engage in ongoing evaluation, diagnosis or treatment services, employee assistance program services or psychotherapy.

     5.  Approval from the Board to practice as a consultant in this State does not ensure that an applicant will qualify for licensure in this State.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 7-11-94; A by R133-17, 12-19-2018)—(Substituted in revision for NAC 641.180)

PRACTICE BEFORE THE BOARD OF PSYCHOLOGICAL EXAMINERS

      NAC 641.170  Petition for adoption, filing, amendment or repeal of regulation; notice of decision. (NRS 641.100)

     1.  Pursuant to NRS 233B.100, any interested person or agency may petition the Board to adopt, file, amend or repeal any regulation.

     2.  A petition for the adoption, filing, amendment or repeal of a regulation must be in writing on a form prescribed by the Board and include:

     (a) The name and address of the petitioner;

     (b) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation;

     (c) The proposed language of the regulation to be adopted, filed, amended or repealed;

     (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

     (e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of a regulation.

     3.  The Board may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not include the information required by subsection 2.

     4.  The Board will notify the petitioner in writing of the Board’s decision regarding the petition within 30 days after the date on which the petitioner filed the petition. If the Board approves the petition for the adoption, filing, amendment or repeal of a regulation, the Board will initiate regulation-making proceedings concerning that regulation within 30 days after the date on which the petitioner files the petition.

     [Bd. of Psychological Exam’rs, § 641.020, eff. 12-14-78]—(NAC A by R133-17, 12-19-2018)

      NAC 641.173  Pleadings. (NRS 641.100)

     1.  Each pleading or paper filed with the Board in connection with a proceeding for a disciplinary action must be designated as an application, petition, complaint, answer or motion.

     2.  All pleadings, other than motions and complaints, brought by the Board on its own motion must be verified.

     3.  The Board may allow any pleading to be amended or corrected or any omission therein to be supplied.

     4.  Pleadings will be liberally construed and defects that do not affect substantial rights of the parties will be disregarded.

     (Added to NAC by Bd. of Psychological Exam’rs by R077-02, eff. 7-25-2002)

      NAC 641.175  Conduct at hearing. (NRS 641.100)

     1.  All persons appearing in a hearing before the Board in any capacity shall conform to the standards of ethical and courteous conduct required in the courts of this State. If a person fails to conform his or her conduct to the standards required by this section, the Board may:

     (a) Limit the evidence presented by that person; or

     (b) Exclude the person from the hearing.

     2.  Any action taken by the Board pursuant to this section and the specific reasons for that action will be stated on the record.

     (Added to NAC by Bd. of Psychological Exam’rs by R077-02, eff. 7-25-2002; A by R133-17, 12-19-2018)

      NAC 641.182  Declaratory orders and advisory opinions: Consideration by Board; form of petition. (NRS 233B.120, 641.100)

     1.  The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of any statutory provision or any regulation or decision of the Board.

     2.  A petition for a declaratory order or an advisory opinion must be in writing on a form prescribed by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R133-17, eff. 12-19-2018)

      NAC 641.184  Declaratory orders and advisory opinions: Placement of petition on agenda; consideration of information; grant or denial of petition; no further action upon denial. (NRS 233B.120, 641.100)

     1.  Except as otherwise provided in subsection 2, upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board.

     2.  If the petition is received within 30 days before the next regularly scheduled meeting, the petition may be placed on the agenda for discussion at the next meeting after that meeting.

     3.  At the meeting described in subsection 1 or 2, the Board will consider any information relevant to the petition, including, without limitation:

     (a) Taking testimony on the petition; and

     (b) Receiving evidence.

     4.  At the same meeting, the Board will then grant or deny the petition.

     5.  If the Board denies the petition, no further action will be taken.

     (Added to NAC by Bd. of Psychological Exam’rs by R133-17, eff. 12-19-2018)

      NAC 641.186  Declaratory orders and advisory opinions: Issuance of final order or opinion. (NRS 233B.120, 641.100)  If the Board grants a petition pursuant to NAC 641.184, the Board will issue a declaratory order or advisory opinion. The President of the Board or other presiding officer shall assign one member of the Board to write the declaratory order or advisory opinion. The member so assigned has 30 days within which to submit to the Board the final draft, after reviewing comments by all members of the Board on the issue, researching the issue and seeking the assistance of the Attorney General, if necessary. Upon completing his or her draft of the declaratory order or advisory opinion, the assigned member shall submit it to the Board for final approval at the next regularly scheduled meeting of the Board. To be issued as a final declaratory order or advisory opinion of the Board, the draft of the declaratory order or advisory opinion must be approved by a majority of the members of the Board who are present at the meeting.

     (Added to NAC by Bd. of Psychological Exam’rs by R133-17, eff. 12-19-2018)

      NAC 641.188  Declaratory orders and advisory opinions: Notice to petitioner. (NRS 233B.120, 641.100)  After the Board renders its declaratory order or advisory opinion, the Board will give notice of it to the petitioner.

     (Added to NAC by Bd. of Psychological Exam’rs by R133-17, eff. 12-19-2018)

      NAC 641.190  Declaratory orders and advisory opinions: Compliance of petitioner required. (NRS 233B.120, 641.100)  A petitioner shall comply with the provisions of a declaratory order or advisory opinion rendered by the Board.

     (Added to NAC by Bd. of Psychological Exam’rs by R133-17, eff. 12-19-2018)

STANDARDS OF CONDUCT

      NAC 641.200  Applicability. (NRS 641.100)

     1.  The provisions of NAC 641.200 to 641.255, inclusive:

     (a) Apply to the conduct of any licensee or any applicant for licensure pursuant to this chapter and chapter 641 of NRS, including conduct during any period of education, training or employment required for licensure.

     (b) Constitute the standards of conduct which a psychologist, licensed behavior analyst or licensed assistant behavior analyst shall follow in the provision of services.

     2.  A violation of the provisions of NAC 641.200 to 641.255, inclusive, constitutes unprofessional conduct and is a ground for disciplinary action or the denial of an application for an initial license or the renewal of a license.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-24-90; A 12-28-95; R090-01, 2-7-2002; R209-09, 10-15-2010; R127-14, 6-28-2016; R115-19, 2-28-2022; R128-21, 9-28-2022)

      NAC 641.204  Determination of organization as patient or client. (NRS 641.100, 641.232)  An organization is a patient or client of a psychologist, licensed behavior analyst or licensed assistant behavior analyst if the professional contract between the organization and the psychologist, licensed behavior analyst or licensed assistant behavior analyst requires the psychologist, licensed behavior analyst or licensed assistant behavior analyst to provide services primarily to the organization rather than to the persons in the organization.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.206  Authority of parent or legal guardian to make decisions concerning treatment; issues for which child or protected person is patient or client. (NRS 641.100, 641.232)  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst is treating a child or protected person, the parent or legal guardian of the child or protected person is the patient or client for the purpose of making decisions concerning treatment. The child or protected person who is receiving services from the psychologist, licensed behavior analyst or licensed assistant behavior analyst is also the patient or client for:

     1.  Issues directly affecting the physical or emotional safety of the child or protected person, including, without limitation, sexual relationships or other exploitive dual relationships.

     2.  Issues which the parent or legal guardian has specifically agreed, before the child or protected person receives professional services, must be reserved to the child or protected person, including, without limitation, confidential communications between the psychologist, licensed behavior analyst or licensed assistant behavior analyst and the child or protected person during the course of the professional relationship.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R153-97, 12-19-97; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.207  Child custody evaluation. (NRS 641.100)

     1.  A psychologist who performs a child custody evaluation shall:

     (a) Ensure that his or her primary concerns in completing the child custody evaluation are the psychological interests and well-being of the child;

     (b) Remain impartial and objective throughout the child custody evaluation;

     (c) Not have or have had a relationship with the child, surrogate, parent or other legal guardian of the child other than as a psychologist performing the child custody evaluation unless ordered to perform such an evaluation by a court of competent jurisdiction that has knowledge that such a relationship exists or existed;

     (d) Provide a child custody evaluation that is fair and unbiased;

     (e) Gather and maintain the information necessary to complete the child custody evaluation, including, without limitation, information relating to:

          (1) Each significant setting in which the child spends time;

          (2) The recency and nature of the interactions of the child with each parental figure and other significant person in the child’s life; and

          (3) The developmental needs of the child;

     (f) Provide an opportunity for the child to meet privately with the psychologist and express any concerns he or she may have;

     (g) Determine whether other psychologists are evaluating the child and, if so, coordinate, to the extent possible, with those psychologists to minimize the possibility of conducting redundant child custody evaluations;

     (h) Base his or her determination of the scope of the child custody evaluation on the best interests of the child, regardless of whether a request was made to evaluate only one aspect of the custody of the child;

     (i) Before performing the child custody evaluation:

          (1) Obtain the informed written consent of each adult being assessed who is participating in the child custody evaluation and, to the extent practicable, of the child who is the subject of the child custody evaluation;

          (2) Inform each participant in the child custody evaluation, including, to the extent practicable, the child who is the subject of the child custody evaluation, of the conditions set forth in subsections 2, 3 and 4 of NAC 641.224 pursuant to which the psychologist will disclose confidential information relating to the child custody evaluation;

          (3) Inform each participant in the child custody evaluation, including, to the extent practicable, the child who is the subject of the child custody evaluation, of the limitations on the confidentiality of communications with the psychologist as required pursuant to subsections 5 and 6 of NAC 641.224; and

          (4) Clarify the cost of the child custody evaluation and obtain an agreement concerning the payment of fees;

     (j) Base an opinion relating to child custody on the integration of all the information obtained as part of the child custody evaluation without placing an inappropriate emphasis on data relating to clinical assessment and after taking into consideration any limitations in the information obtained or the methods used to obtain the information; and

     (k) Complete the child custody evaluation in a timely manner.

     2.  Except as otherwise provided in this subsection, a psychologist shall not render any opinion concerning the psychological functioning of any person who has not been personally evaluated by the psychologist for a child custody evaluation. A psychologist may report what a person personally evaluated by the psychologist in a child custody evaluation has stated about a person who has not been so evaluated or may address theoretical or hypothetical questions concerning such a person so long as the limited basis of the information is noted.

     3.  As used in this section:

     (a) “Child custody evaluation” means any evaluation which is performed by a psychologist and which is intended to affect the legal relationship between a child and:

          (1) The biological parent, adoptive parent or foster parent of the child;

          (2) A surrogate; or

          (3) Any other legal guardian of the child.

     (b) “Surrogate” has the meaning ascribed to it in NRS 126.045.

     (Added to NAC by Bd. of Psychological Exam’rs by R090-01, eff. 2-7-2002; A by R077-02, 7-25-2002)

      NAC 641.208  Scope of practice for psychologist: Competency required; acquisition and use of new service or technique; unnecessary treatment; referral of certain patients; basis for rendering formal professional opinion; provision of consultation, intervention and referrals relating to patient health; discussion or consultation regarding medication. (NRS 641.100, 641.112)  A psychologist:

     1.  Shall limit his or her practice and supervision to the areas in which he or she has acquired competence through education, training and experience.

     2.  Shall not, except in an emergency in which the life or health of a person is in danger, practice or offer to practice beyond the scope of his or her license, or accept or perform any professional service which he or she knows, or has reason to know, he or she is not competent to perform.

     3.  Shall not engage in conduct in the practice of psychology which evidences unfitness to practice the profession.

     4.  Shall maintain competence in the areas in which he or she practices through continuing education, consultation or other methods, in conformance with current standards of scientific and professional knowledge.

     5.  Shall, if employed by an agency, organization or institution, use every reasonable effort to assure that all services provided for patients are adequate in degree and scope, and conform to the highest professional standards.

     6.  Shall, if acquiring experience in a service or technique that is either new to the psychologist or new to the profession:

     (a) Engage in continuing consultation with other psychologists or relevant professionals;

     (b) Seek appropriate education and training in the new area; and

     (c) Inform his or her patients of the innovative nature and known risks of the new service or technique to provide his or her patients with the freedom of choice concerning psychological services.

     7.  Shall not claim or use any secret or special method of treatment or evaluation not previously divulged to the Board.

     8.  Shall not, except for the purpose of research, use any method or technique of treatment or evaluation for which there is no adequate basis in research.

     9.  Shall not order any test or treatment, or the use of any facility for treatment, not warranted by the condition of the patient.

     10.  Shall refer or recommend referral of a patient to:

     (a) Another professional; or

     (b) Technical or administrative resources,

Ê if a referral is clearly in the best interests of the patient.

     11.  Shall, upon the request of a patient, refer the patient to another professional.

     12.  Shall not render a formal professional opinion about a person, including an opinion concerning the fitness of a parent in a child custody hearing, without having had direct and substantial professional contact with the person or without having made a formal assessment of the person.

     13.  May, within the scope of his or her license and competence, provide a patient with:

     (a) Consultation and intervention regarding behavioral health and associated factors, including, without limitation, engagement in appropriate health behaviors and compliance with recommended treatment plans; and

     (b) Referrals to appropriate health care providers for patient concerns of a medical or physical nature.

     14.  May, within the scope of his or her license and competence, discuss medications with a patient or consult with a physician regarding medication to be prescribed for the patient.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R127-14, 6-28-2016; R175-20, 9-28-2022)

      NAC 641.209  Scope of practice for licensed behavior analyst or licensed assistant behavior analyst: Competency required; use of new method, service or technique; referral of certain clients; basis for rendering formal professional opinion. (NRS 641.100, 641.232, 641.395)  A licensed behavior analyst or licensed assistant behavior analyst:

     1.  Shall limit his or her practice and supervision to the areas in which he or she has acquired competence through education, training and experience.

     2.  Shall not, except in an emergency in which the life or health of a person is in danger, practice or offer to practice beyond the scope of his or her license, or perform any professional service which the licensed behavior analyst or licensed assistant behavior analyst knows, or has reason to know, that he or she is not competent to perform.

     3.  Shall not engage in conduct in the practice of applied behavior analysis which evidences moral unfitness to practice the profession.

     4.  Shall maintain competence in the areas in which he or she practices through continuing education, consultation or other methods, in conformance with current standards of scientific and professional knowledge.

     5.  Shall use every reasonable effort to ensure that all services provided to clients are adequate in degree and scope, and conform to the highest professional standards.

     6.  Shall, if acquiring experience in a method, service or technique for treatment or evaluation that is either new to the licensed behavior analyst or licensed assistant behavior analyst or new to the profession:

     (a) Engage in continuing consultation with other licensed behavior analysts or licensed assistant behavior analysts or relevant professionals;

     (b) Seek appropriate education and training in the new method, service or technique for treatment or evaluation; and

     (c) Inform clients of the innovative nature and known risks of the new method, service or technique for treatment or evaluation to provide the clients with the freedom of choice concerning applied behavior analysis services.

     7.  Shall not claim or use any secret or special method, service or technique for treatment or evaluation not previously disclosed to the Board.

     8.  Shall not, except for the purpose of research, use any method, service or technique for treatment or evaluation for which there is no adequate basis in research.

     9.  If a referral is clearly in the best interest of the client or upon request of a client, shall refer or recommend referral of a client to:

     (a) Another professional; or

     (b) Appropriate technical or administrative resources.

     10.  Shall not render a formal professional opinion about a person who is not a client without having had direct and substantial professional contact with the person or without having made a formal assessment of the person.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010)

      NAC 641.210  Display of license by psychologist; communications with Board; notification of change of address or telephone number; professional fees; supervision of certain persons. (NRS 641.100)  A psychologist:

     1.  Shall display his or her license in a conspicuous place on the premises of his or her office or place of employment.

     2.  Shall, except as otherwise provided in this subsection, respond within 30 days after receiving any written communication from the Board and shall make available any relevant record with respect to an inquiry or complaint about his or her professional conduct. If a communication is mailed to a psychologist by the Board, he or she shall respond to the communication within 30 days after it is mailed to him or her at the address shown on the records of the Board.

     3.  Shall notify the Board in writing of a change of address or telephone number within 30 days after the change.

     4.  Shall not mislead or withhold from a patient, prospective patient or other person who will be responsible for payment of the psychologist’s services, information concerning the fee for the professional services of the psychologist.

     5.  Shall not directly or indirectly offer, give, solicit, receive or agree to receive any fee or other consideration for the referral of a patient.

     6.  Shall not permit any person, other than:

     (a) A partner, employee or associate in his or her professional firm or corporation;

     (b) A psychologist retained as a subcontractor or consultant; or

     (c) A properly registered psychological assistant, psychological intern or psychological trainee practicing under his or her supervision, except as otherwise provided in subsections 1, 2 and 3 of NAC 641.154,

Ê to share in a fee for professional services. The prohibition of this subsection includes any arrangement or agreement whereby the amount paid for office space, facilities, equipment or personal services used by the psychologist is based upon the income or receipts of his or her practice.

     7.  Shall exercise appropriate supervision over any person who is authorized to practice psychological services under his or her supervision.

     8.  Shall not exploit a person who is authorized to practice psychological services under his or her supervision.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-24-90; A 12-28-95; R117-08, 12-17-2008; R111-13, 10-24-2014; R074-18, 1-30-2019)

      NAC 641.213  Display of license by licensed behavior analyst or licensed assistant behavior analyst; response to communications from Board and availability of records relating to inquiries and complaints; notification of change of address or telephone number; professional fees; supervision of certain persons. (NRS 641.100, 641.232)

     1.  A licensed behavior analyst or licensed assistant behavior analyst:

     (a) Shall display his or her license in a conspicuous place on the premises of his or her office or place of employment. A licensed behavior analyst or licensed assistant behavior analyst practicing outside of an office must have his or her wallet card, obtained pursuant to NAC 641.029 or 641.031 available for production upon request.

     (b) Shall respond within 30 days after receiving communication from the Board and shall make available any relevant records with respect to an inquiry or complaint about his or her professional conduct.

     (c) Shall notify the Board in writing of a change of address or telephone number within 30 days after the change.

     (d) Shall not mislead or withhold from a client, prospective client or other person who will be responsible for payment of the services of the licensed behavior analyst or licensed assistant behavior analyst information concerning the fee for professional services.

     (e) Shall not directly or indirectly offer, give, solicit, receive or agree to receive any fee or other consideration for the referral of a client.

     2.  A licensed behavior analyst or licensed assistant behavior analyst who is a supervisor:

     (a) Shall exercise appropriate supervision over any person who is authorized to practice applied behavior analysis under his or her supervision.

     (b) Shall not exploit a person who is authorized to practice applied behavior analysis under his or her supervision.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R127-14, 6-28-2016)

      NAC 641.215  Disclosure to patient or legal representative; termination of services; care of patients and research subjects. (NRS 641.100)  A psychologist:

     1.  Shall, in an appropriate manner, explain a patient’s condition clearly and truthfully to the patient or the person responsible for the care of the patient.

     2.  Shall keep each patient fully informed of the purpose and nature of any evaluation, treatment or other procedure and the patient’s right to choose the services provided.

     3.  Shall not perform any professional service that has not been authorized by the patient or his or her legal representative.

     4.  Shall explain clearly to a patient:

     (a) The basis and extent of all contemplated services, fees and charges;

     (b) The extent of the patient’s personal responsibility for those fees; and

     (c) The prospective benefits to be derived from and the known risks of such services.

     5.  Shall, upon termination of services to a patient, offer to make reasonable arrangements for the continuation of care, if such care is necessary.

     6.  Shall, if it is reasonably clear that a patient is not benefiting from the professional services provided by the psychologist, terminate the professional relationship with the patient after adequately preparing the patient for the termination.

     7.  Shall, during foreseeable periods of absence, make arrangements for another competent professional to provide emergency care for the patients under the care of the psychologist.

     8.  Shall not abandon or neglect a patient under and in need of immediate professional care without making reasonable arrangements for the continuation of care.

     9.  Shall not abandon a professional employment by a group practice, hospital, clinic or other health care facility without reasonable notice.

     10.  Shall not impose on a patient any stereotypes of behavior, values or roles related to age, gender, religion, race, disability, nationality or sexual preference which would interfere with the objective provision of psychological services to the patient.

     11.  Shall not willfully harass, abuse or intimidate any patient or other person to whom he or she has a professional responsibility. The use of any lawful procedure or process for the collection of an unpaid fee is not a violation of this subsection.

     12.  Shall not exercise undue influence upon any patient or promote the sale to a patient of any service, good, appliance or drug in such a way as to exploit the patient for the financial gain of the psychologist or another person.

     13.  Shall, in the conduct of psychological research:

     (a) Respect the dignity and protect the welfare of his or her research subjects;

     (b) Comply with all relevant laws and regulations concerning the treatment of research subjects;

     (c) Fully inform each person who is a prospective subject of research, or his or her authorized representative, of any danger of serious aftereffects before the person is used as a subject; and

     (d) Use reasonable efforts to remove any possible harmful aftereffects of emotional stress as soon as the design of the research permits.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95)

      NAC 641.219  Maintenance and availability of records. (NRS 641.100, 641.232)

     1.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall maintain a record for each patient or client that includes:

     (a) The presenting problem or purpose or diagnosis;

     (b) The fee arrangement, if any;

     (c) The date and type of evaluation or treatment provided to the patient or client;

     (d) The results of tests or other evaluations and the data from which the results were derived;

     (e) A description of any consultations with other professionals regarding the patient or client and the results of such consultations; and

     (f) A copy of all tests and other evaluative reports which were prepared in the course of the professional relationship.

     2.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall maintain the record of each patient or client for not less than 5 years after the last date that service was rendered to the patient or client, except that the record of a patient or client who is a minor must be maintained for not less than 5 years after the last date that service was rendered or 1 year after the patient or client reaches 21 years of age, whichever is longer. A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall comply with all other state and federal laws and regulations concerning the maintenance of records, including a law or regulation which requires him or her to maintain records for a longer period than required by this subsection.

     3.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall comply with all state and federal laws governing a patient’s or client’s right to have access to his or her records.

     4.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst who provides supervision of a licensed behavior analyst or licensed assistant behavior analyst shall maintain for not less than 5 years after the last date of supervision, a record of the supervisory session, including, but not limited to, information regarding the type, place and general content of the session.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R089-03, 1-18-2005; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.221  Designation of custodian of health care records; duty of psychologist intending to cease providing services; retention of records by custodian. (NRS 641.100)

     1.  A psychologist shall designate a custodian of health care records to maintain the patient records of the psychologist for the period required by NRS 629.051 and NAC 641.219 in the event of the death of the psychologist or the discontinuation of practice, whether temporary or permanent. The custodian of health care records designated by the psychologist must be a licensed psychologist or facility familiar with the legal and ethical guidelines for maintaining and releasing medical records.

     2.  A psychologist who intends to cease providing services to patients, whether on a temporary or permanent basis, shall:

     (a) Notify the Board in writing at least 30 days before he or she ceases to provide services to patients and specify in the notice the person who or facility that will maintain the patient records of the psychologist for the period required by NRS 629.051 and NAC 641.219.

     (b) Obtain written informed consent from his or her patients for the person or facility designated as the custodian of health care records pursuant to subsection 1 to take custody of the records of the patient upon the discontinuation of practice, whether temporary or permanent, or death of the psychologist.

     3.  A custodian of health care records who takes custody of the patient records of the psychologist upon the discontinuation of practice, whether temporary or permanent, or death of the psychologist must retain such records for a period of time not less than the period of time that the psychologist would have been required to retain such records pursuant to this section and NRS 629.051.

     (Added to NAC by Bd. of Psychological Exam’rs by R115-19, eff. 2-28-2022)

      NAC 641.223  Recordings of certain training activities: Form for patient consent; duties of person having custody or control; interpretation of certain terms. (NRS 641.100, 641.2291)

     1.  The form on which a patient provides informed written consent for the use of a recording in a training activity pursuant to NRS 641.2291 must inform the patient:

     (a) Of the manner in which the psychological service will be recorded;

     (b) Of the people who will have access to the recording, including, without limitation, the name of the supervisor of the training activity for which the recording will be used;

     (c) Of the manner in which the recording will be confidentially stored; and

     (d) That the recording will be destroyed within the period set forth in paragraph (b) of subsection 3 and the manner in which the recording will be destroyed.

     2.  A person having custody or control of the form on which a patient has provided informed consent to the use of a recording in a training activity pursuant to subsection 1 shall maintain the form in accordance with subsection 2 of NAC 641.219.

     3.  A person having custody or control of a recording that is used or maintained for the purpose of a training activity pursuant to NRS 641.2291 shall:

     (a) Maintain the recording in accordance with NAC 641.224; and

     (b) Ensure that the recording is destroyed not later than the earlier of:

          (1) The completion of the review of the recording by the supervisor of the training activity; or

          (2) Thirty days after the date on which the recording was made.

     4.  As used in this section and NRS 641.2291:

     (a) The Board interprets the term “recording” to mean an audio or video recording documenting the practice of psychology.

     (b) “Training activity” means a supervised activity, including, without limitation, the provision of psychotherapy to, consultation with, psychological assessment of or psychological evaluation of a person, family, couple or group, conducted by a psychologist participating in a formal professional training program for the purpose of developing professional competency. The purposes of a training activity may include, without limitation:

          (1) The training of a psychologist in a new specialty;

          (2) Ongoing professional consultation between psychologists; and

          (3) The supervised practice of a psychologist mandated by the Board as a result of a disciplinary proceeding.

     (Added to NAC by Bd. of Psychological Exam’rs by R128-21, eff. 9-28-2022)

      NAC 641.224  Confidential information. (NRS 641.100, 641.232)

     1.  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst provides services to an organization, information he or she obtains in the course of providing the services is confidential, including any personal information concerning a person in the organization if the information was properly obtained within the scope of his or her professional contract with the organization. Personal information concerning a person in the organization is subject to the confidential control of the organization unless the person who disclosed the information had a reasonable expectation that the information was disclosed pursuant to a separate professional relationship with the psychologist, licensed behavior analyst or licensed assistant behavior analyst and would not be disclosed to the organization.

     2.  During the course of a professional relationship with a patient or client and after the relationship is terminated, a psychologist, licensed behavior analyst or licensed assistant behavior analyst shall protect all confidential information obtained in the course of his or her practice, teaching or research, or in the performance of any other services related to his or her profession. Except as otherwise provided in this section, a psychologist, licensed behavior analyst or licensed assistant behavior analyst may disclose confidential information only if he or she obtains the informed written consent of the patient or client.

     3.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst may disclose confidential information without the informed written consent of a patient or client if the psychologist, licensed behavior analyst or licensed assistant behavior analyst believes that disclosure of the information is necessary to protect against a clear and substantial risk of imminent serious harm by the patient or client to the patient or client or another person and:

     (a) The disclosure is limited to such persons and information as are consistent with the standards of the profession of psychology or applied behavior analysis in addressing such problems.

     (b) If the patient or client is an organization, the psychologist, licensed behavior analyst or licensed assistant behavior analyst has made a reasonable but unsuccessful attempt to correct the problems within the organization.

     4.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst may disclose confidential information without the informed written consent of a patient or client if:

     (a) A member of the judiciary, or a court magistrate or administrator to whom authority has been lawfully delegated, orders the disclosure; or

     (b) Disclosure is required by a state or federal law or regulation, including a law or regulation that requires a psychologist, licensed behavior analyst or licensed assistant behavior analyst to report the abuse of a child or elderly person.

     5.  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst renders services to more than one person, including services rendered to an organization, family, couple, group, or a child and a parent, the psychologist, licensed behavior analyst or licensed assistant behavior analyst shall, before he or she begins to render the services, explain to each person the relevant limitations on confidentiality during the course of the professional relationship. If appropriate, the psychologist, licensed behavior analyst or licensed assistant behavior analyst shall grant to each person an opportunity to discuss and accept the limitations on confidentiality that will apply.

     6.  If a patient or client is a child or has a legal guardian, a psychologist, licensed behavior analyst or licensed assistant behavior analyst shall, before he or she renders services, inform the patient or client to the extent that the patient or client can understand, of any legal limitations on the confidentiality of communications with the psychologist.

     7.  With the written consent of a patient, a psychologist, licensed behavior analyst or licensed assistant behavior analyst shall provide in a timely manner to another responsible professional who is treating the patient or client any information which is important for the professional to know in making decisions concerning the ongoing diagnosis and treatment of the patient or client.

     8.  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst uses the case history of a patient or client in his or her teaching, research or published reports, he or she shall exercise reasonable care to ensure that all confidential information is appropriately disguised to prevent the identification of the patient or client.

     9.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall:

     (a) Store and dispose of any written, electronic or other records in a manner which ensures the confidentiality of the content of the records;

     (b) Limit access to the records of his or her patients or clients to protect the confidentiality of the information contained in the records;

     (c) Ensure that all persons working under his or her authority comply with the requirements of this section to protect the confidentiality of each patient or client; and

     (d) Obtain the informed written consent of a patient or client before the psychologist, licensed behavior analyst or licensed assistant behavior analyst electronically records or allows another person to observe a diagnostic interview or therapeutic session with the patient or client.

     10.  As used in this section, “confidential information” means information disclosed by a patient or client to a psychologist, licensed behavior analyst or licensed assistant behavior analyst during the course of a professional relationship, or otherwise obtained by the psychologist, licensed behavior analyst or licensed assistant behavior analyst during the course of the relationship, if there is a reasonable expectation that because of the relationship between the patient or client and the psychologist, licensed behavior analyst or licensed assistant behavior analyst or the circumstances under which the information was obtained, the information will not be disclosed by the psychologist, licensed behavior analyst or licensed assistant behavior analyst without the informed written consent of the patient or client.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R089-03, 1-18-2005; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.229  Impairment of licensee; limitation on contact with current or former patient or client. (NRS 641.100)

     1.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not begin or continue a professional relationship with a patient or client if the psychologist, licensed behavior analyst or licensed assistant behavior analyst is impaired, or has received notification from the Board that the Board reasonably suspects him or her to be impaired, because of mental, emotional, physiological, pharmacological or substance misuse problems. If such a problem develops during the course of a professional relationship, the psychologist, licensed behavior analyst or licensed assistant behavior analyst shall:

     (a) Terminate the relationship;

     (b) Notify the patient or client in writing of the termination; and

     (c) Assist the patient or client in obtaining services from another professional.

     2.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not begin or continue a professional relationship with a patient or client if the objectivity or competency of the psychologist, licensed behavior analyst or licensed assistant behavior analyst is impaired, or if the psychologist, licensed behavior analyst or licensed assistant behavior analyst has received notification from the Board that the Board reasonably suspects his or her objectivity or competency to be impaired, because the psychologist, licensed behavior analyst or licensed assistant behavior analyst has or had a family, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the patient or client or a person associated with or related to the patient or client.

     3.  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst has rendered professional services to a person, the psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not:

     (a) Engage in any verbal or physical behavior with the person which is sexually seductive, demeaning or harassing;

     (b) Engage in sexual contact with the person; or

     (c) Enter into a financial or other potentially exploitive relationship with the person,

Ê for at least 2 years after the termination of the professional relationship, or for an indefinite time if the person is clearly vulnerable to exploitive influence by the psychologist, licensed behavior analyst or licensed assistant behavior analyst because of an emotional or cognitive disorder.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R117-08, 12-17-2008; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.234  Assessment procedures: Communication of results to patient or client; limitations on use. (NRS 641.100, 641.232)

     1.  If a psychologist or licensed behavior analyst communicates the results of an assessment procedure to a patient or client or to the legal guardian, parents or agent of a patient or client, he or she shall:

     (a) Use appropriate interpretive aids to explain the results in a manner which is understandable; and

     (b) Include in the explanation any deficiencies of the assessment procedure and factors which may affect the validity, reliability or other interpretation of the results.

     2.  A psychologist or licensed behavior analyst shall not reproduce or describe in any popular publications, lectures or public presentations, psychological tests or other assessment procedures in a manner which may invalidate the tests or procedures.

     3.  If a psychologist or licensed behavior analyst offers to other professionals an assessment procedure or automated interpretation service, he or she shall:

     (a) Provide a manual or other written material which fully describes the development of the procedure or service, the rationale therefor, evidence of the validity and reliability thereof, and characteristics of the group of persons which the procedure or service uses as a norm;

     (b) Explicitly state the purpose and application for which the procedure or service is recommended;

     (c) Identify special requirements which are necessary to administer and interpret the procedure or service properly; and

     (d) Ensure that advertisements for the procedure or service provide an accurate description of the procedure or service.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R209-09, 10-15-2010)

      NAC 641.239  Misrepresentation of professional qualifications, affiliations, services, products or psychological findings. (NRS 641.100, 641.232)

     1.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not directly or by implication misrepresent:

     (a) His or her professional qualifications, including the education he or she has received, the experience he or she has acquired or the areas of his or her professional competence.

     (b) His or her affiliations or the purposes or characteristics of the institutions and associations with which he or she is associated.

     2.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall correct any other person who the psychologist, licensed behavior analyst or licensed assistant behavior analyst knows has misrepresented the professional qualifications or affiliations of the psychologist, licensed behavior analyst or licensed assistant behavior analyst.

     3.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not include false or misleading information in his or her public statements concerning the professional services he or she offers.

     4.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not guarantee that satisfaction or a cure will result from the performance of his or her professional services.

     5.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not associate with or permit his or her name to be associated with any service or product in a manner which misrepresents:

     (a) The service or product;

     (b) The degree of his or her responsibility for the service or product; or

     (c) The nature of his or her association with the service or product.

     6.  A psychologist shall not distort, misuse or suppress any psychological finding, and shall attempt to prevent, using all reasonable means, the distortion, misuse or suppression of any psychological finding by any institution of which he or she is an employee.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.241  Aiding in unlawful practice of psychology or applied behavior analysis; improper delegation of professional responsibilities; reporting of violation and exception. (NRS 641.100, 641.232)

     1.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not aid or abet another person in misrepresenting the person’s professional credentials or illegally engaging in the practice of psychology or applied behavior analysis.

     2.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not delegate any of his or her professional responsibilities to a person he or she knows, or has reason to know, is not qualified because of a lack of adequate education, training or experience.

     3.  If a psychologist, licensed behavior analyst or licensed assistant behavior analyst has substantial reason to believe that another person has violated any provision of this chapter or chapter 641 of NRS, he or she shall inform the Board in writing of the violation, except that if the psychologist, licensed behavior analyst or licensed assistant behavior analyst has knowledge of the violation because of his or her professional relationship with a patient or client, he or she may report the violation only if he or she has the informed written consent of the patient or client. The provisions of NAC 641.200 to 641.255, inclusive, do not relieve a psychologist, licensed behavior analyst or licensed assistant behavior analyst of the duty to file any report otherwise required by state or federal law or regulation.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.245  Violation of law or regulation; use of fraud, misrepresentation or deception; improper filing of reports; violation of probation; failure to pay child support or to comply with certain warrants or subpoenas relating to determination of paternity or child support. (NRS 641.100, 641.232)

     1.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not violate any law or regulation which governs the practice of psychology or applied behavior analysis, as applicable.

     2.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not use fraud, misrepresentation or deception:

     (a) To obtain a license or pass an examination required for licensure;

     (b) To assist another person in obtaining a license or passing an examination required for licensure;

     (c) In billing a patient or client or other person who is responsible for payment;

     (d) In providing his or her professional services;

     (e) In reporting the results of any evaluation or service related to the practice of psychology or applied behavior analysis, as applicable; or

     (f) To conduct any other activity related to the practice of psychology or applied behavior analysis, as applicable.

     3.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not willfully make or file any false report, fail to file any report required by law or by the Board, willfully impede or obstruct any such filing, or induce another person to engage in any act prohibited by this subsection.

     4.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not violate any condition, limitation or term of probation imposed upon him or her by the Board.

     5.  A psychologist, licensed behavior analyst or licensed assistant behavior analyst shall not:

     (a) Fail to make timely payments for the support of one or more children pursuant to a court order; or

     (b) Fail to comply with any warrant or subpoena relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of one or more children.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R153-97, 12-19-97; R209-09, 10-15-2010; R127-14, 6-28-2016)

      NAC 641.250  Adoption of codes of conduct by reference; revision. (NRS 641.100)

     1.  The provisions set forth in the most recent edition of the Ethical Principles of Psychologists and Code of Conduct adopted by the American Psychological Association are hereby adopted by reference and incorporated herein, unless the Board gives notice that the most recent edition is not suitable for this State pursuant to subsection 3 and except to the extent that those provisions conflict with the provisions of NAC 641.200 to 641.255, inclusive, in which case the provisions of NAC 641.200 to 641.255, inclusive, are controlling. A copy of the publication may be obtained free of charge from the American Psychological Association at 750 First Street, N.E. Washington, D.C., 20002-4242, Attention: Service Center, at the Internet address http://www.apa.org/ethics/code.html or by telephone at (202) 336-5500.

     2.  The provisions set forth in the most recent edition of the Code of Conduct adopted by the Association of State and Provincial Psychology Boards are hereby adopted by reference and incorporated herein, unless the Board gives notice that the most recent edition is not suitable for this State pursuant to subsection 3 and except to the extent that those provisions conflict with the provisions of NAC 641.200 to 641.255, inclusive, in which case the provisions of NAC 641.200 to 641.255, inclusive, are controlling. A copy of the publication may be obtained free of charge from the Association of State and Provincial Psychology Boards at 215 Market Road, Tyrone, GA 30290, Attention: Member Services, at the Internet address http://www.asppb.net or by telephone at (678) 216-1175.

     3.  If the publication adopted by reference pursuant to subsection 1 or 2 is revised, the Board will review the revision to ensure its suitability for this State. If the Board determines that the revision is not suitable for this State, the Board will hold a public hearing to review its determination within 6 months after the date of publication of the revision and give notice of that hearing. If, after the hearing, the Board does not revise its determination, the Board will give notice within 30 days after the hearing that the revision is not suitable for this State. If the Board does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 1 or 2.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 8-24-90; A 12-28-95; R089-03, 1-18-2005; R174-20, 2-28-2022)

      NAC 641.255  “Professional and Ethical Compliance Code for Behavior Analysts”: Adoption by reference; controlling provisions; revision. (NRS 641.100, 641.232)

     1.  The provisions which set forth the guidelines for conduct for behavior analysts which are contained in the most recent version of the “Professional and Ethical Compliance Code for Behavior Analysts” provided by the Behavior Analyst Certification Board, Inc., or its successor organization, are hereby adopted by reference and incorporated herein, unless the Board gives notice that the most recent version is not suitable for this State pursuant to subsection 2, and except to the extent that those provisions conflict with the provisions of NAC 641.200 to 641.255, inclusive, in which case the provisions of NAC 641.200 to 641.255, inclusive, will control. A copy of the publication may be obtained free of charge from the Behavior Analyst Certification Board, Inc., at the Internet address http://bacb.com/ethics-code/.

     2.  If the publication adopted by reference in subsection 1 is revised, the Board will review the revision to ensure its suitability for this State. If the Board determines that the revision is not suitable for this State, the Board will hold a public hearing to review its determination within 6 months after the date of publication of the revision and give notice of that hearing to all licensed behavior analysts and licensed assistant behavior analysts. If, after the hearing, the Board does not revise its determination, the Board will give notice within 30 days after the hearing that the revision is not suitable for this State. If the Board does not give such notice, the revision becomes part of the publication adopted by reference in subsection 1.

     (Added to NAC by Bd. of Psychological Exam’rs by R209-09, eff. 10-15-2010; A by R127-14, 6-28-2016)