Senate Bill No. 248–Committee on Commerce and Labor
CHAPTER..........
AN ACT relating to professions; authorizing the Board of Examiners for Alcohol and Drug Abuse Counselors to adopt regulations to certify persons as detoxification technicians; authorizing the Board to make certain determinations based on information included in a report of criminal history under certain circumstances; requiring the Board to charge and collect a fee for approving a course of continuing education; authorizing the Board to enter into an interlocal agreement with an Indian tribe to provide assistance to members of the tribe training in the practice of counseling alcohol and drug abusers; expanding the circumstances under which the Board may bring an action to enjoin certain violations; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641C of NRS is hereby amended by adding
thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The Board may, by regulation, provide for the
certification of a person as a detoxification technician.
2. Any regulation adopted pursuant to subsection 1 must
include, without limitation, provisions relating to:
(a) The requirements for submitting an application for a
certificate, including, without limitation, the submission of a
complete set of fingerprints pursuant to NRS 641C.260;
(b) The scope of practice for a person who is issued a
certificate;
(c) The conduct of any investigation or hearing relating to an
application for a certificate;
(d) The examination of an applicant for a certificate or a
waiver of examination for an applicant;
(e) The requirements for issuing a certificate or provisional
certificate;
(f) The duration, expiration, renewal, restoration, suspension,
revocation and reinstatement of a certificate;
(g) The grounds for refusing the issuance, renewal, restoration
or reinstatement of a certificate;
(h) The conduct of any disciplinary or other administrative
proceeding relating to a person who is issued a certificate;
(i) The filing of a complaint against a person who is issued a
certificate;
(j) The issuance of a subpoena for the attendance of witnesses
and the production of books, papers and records;
(k) The payment of fees for:
(1) Witnesses, mileage and attendance at a hearing or
deposition; and
(2) The issuance, renewal, restoration or reinstatement of a
certificate;
(l) The imposition of a penalty for a violation of any provision
of the regulations; and
(m) The confidentiality of any record or other information
maintained by the Board relating to an applicant or the holder of a
certificate.
3. A person shall not engage in any activity for which the
Board requires a certificate as a detoxification technician
pursuant to this section unless the person is the holder of such a
certificate.
4. In addition to the provisions of subsection 2, a regulation
adopted pursuant to this section must include provisions that are
substantially similar to the requirements set forth in NRS
641C.270, 641C.280 and 641C.710. Any provision included in a
regulation pursuant to this subsection remains effective until the
provisions of NRS 641C.270, 641C.280 and 641C.710 expire by
limitation.
5. Except as otherwise provided in this section and NRS
641C.900, 641C.910 and 641C.950, the provisions of this chapter
do not apply to the holder of a certificate that is issued in
accordance with a regulation adopted pursuant to this section.
6. As used in this section, “detoxification technician” means
a person who is certified by the Board to provide screening for the
safe withdrawal from alcohol and other drugs.
Sec. 3. 1. The Board may use any information included in
a report of criminal history that is obtained pursuant to this
section or NRS 641C.260 in determining whether:
(a) To issue, renew, restore, suspend, revoke or reinstate a
license or certificate pursuant to this chapter; or
(b) Any ground for imposing any disciplinary action exists
pursuant to NRS 641C.700.
2. Before renewing, restoring or reinstating the license or
certificate of a licensed counselor, certified counselor or certified
intern, the Board may, by regulation, require the licensed
counselor, certified counselor or certified intern to submit to the
Board a complete set of his fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.
3. A regulation adopted pursuant to subsection 2 must set
forth the circumstances under which the Board will require a
detoxification technician to submit his fingerprints and written
authorization specified in that subsection before renewing,
restoring or reinstating his certificate.
Sec. 4. The Board may enter into an interlocal agreement
with an Indian tribe to provide to members of the tribe training in
the practice of counseling alcohol and drug abusers to assist those
persons in obtaining licenses and certificates as alcohol and drug
abuse counselors.
Sec. 5. NRS 641C.260 is hereby amended to read as follows:
641C.260 Each applicant for a license or certificate must
submit to the Board:
1. An application on a form provided by the Board; [and]
2. A complete set of fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report; and
3. The application fee prescribed in NRS 641C.470.
Sec. 6. NRS 641C.390 is hereby amended to read as follows:
641C.390 1. The Board shall issue a certificate as an alcohol
and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) [Has] Except as otherwise provided in subsection 2, has
received a bachelor’s degree from an accredited college or
university in a field of social science approved by the Board;
(d) Has completed 4,000 hours of supervised counseling of
alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the
Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits the statement required pursuant to NRS 641C.280.
2. The Board may waive the educational requirement set
forth in paragraph (c) of subsection 1 if an applicant for a
certificate has contracted with or receives a grant from the
Federal Government to provide services as an alcohol and drug
abuse counselor to persons who are authorized to receive those
services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601
et seq. An alcohol and drug abuse counselor certified pursuant to
this section for whom the educational requirement set forth in
paragraph (c) of subsection 1 is waived may provide services as an
alcohol and drug abuse counselor only to those persons who are
authorized to receive those services pursuant to 25 U.S.C. §§ 450
et seq. or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug abuse counselor is valid
for 2 years and may be renewed.
[3.] 4. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug
abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of
drugs.
Sec. 7. NRS 641C.420 is hereby amended to read as follows:
641C.420 1. The Board shall issue a certificate as an alcohol
and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to NRS 641C.470;
(e) Submits proof to the Board that he:
(1) Is enrolled in a program from which he will receive an
associate’s degree, bachelor’s degree, master’s degree or doctoral
degree in a field of social science approved by the Board; or
(2) Has received an associate’s degree, bachelor’s degree,
master’s degree or doctoral degree in a field of social science
approved by the Board; and
(f) Submits the statement required pursuant to NRS 641C.280.
2. A certificate as an alcohol and drug abuse counselor intern is
valid for 1 year and may be renewed. The Board may waive any
requirement for the renewal of a certificate upon good cause
shown by the holder of the certificate.
3. A certified intern may, under the supervision of a licensed
counselor:
(a) Engage in the practice of counseling alcohol and drug
abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 8. NRS 641C.450 is hereby amended to read as follows:
641C.450 Except as otherwise provided in NRS 641C.320, and
section 3 of this act, a person may renew his license or certificate by
submitting to the Board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed
in NRS 641C.470;
3. Evidence of his completion of the continuing education
required by the Board;
4. If the applicant is a certified intern, the name of the licensed
counselor who supervises him; and
5. The statement required pursuant to NRS 641C.280.
Sec. 9. NRS 641C.460 is hereby amended to read as follows:
641C.460 1. A license or certificate that is not renewed on or
before the date on which it expires is delinquent. The Board shall,
within 30 days after the license or certificate becomes delinquent,
send a notice to the licensed or certified counselor or certified intern
by certified mail, return receipt requested, to the address of the
counselor or intern as indicated in the records of the Board.
2. A licensed or certified counselor or certified intern may
renew a delinquent license or certificate within 60 days after the
license or certificate becomes delinquent by complying with the
requirements of NRS 641C.450 and paying, in addition to the fee for
the renewal of the license or certificate, the fee for the renewal of a
delinquent license or certificate prescribed in NRS 641C.470.
3. A license or certificate expires 60 days after it becomes
delinquent if it is not renewed within that period.
4. [A] Except as otherwise provided in section 3 of this act, a
license or certificate that has expired may be restored if the
applicant:
(a) Submits to the Board an application to restore the license or
certificate;
(b) Submits to the Board the statement required pursuant to
NRS 641C.280;
(c) Pays the renewal fees for the period during which the license
or certificate was expired and the fee for the restoration of a license
or certificate prescribed in NRS 641C.470;
(d) Passes the oral and written examinations prescribed by the
Board; and
(e) Submits to the Board evidence of his completion of the
continuing education required by the Board.
Sec. 10. NRS 641C.470 is hereby amended to read as follows:
641C.470 1. The Board shall charge and collect not more
than the following fees:
For the initial application for a license or certificate $150
For the issuance of a provisional license or certificate 125
For the issuance of an initial license or certificate 60
For the renewal of a license or certificate as an alcohol and
drug abuse counselor.............................. 300
For the renewal of a certificate as an alcohol and drug abuse
counselor intern........................................ 75
For the renewal of a delinquent license or certificate75
For the restoration of an expired license or certificate 150
For the restoration or reinstatement of a suspended or revoked
license or certificate................................ 300
For the issuance of a license or certificate without
examination............................................. 150
For an examination................................. 150
For the approval of a course of continuing education 150
2. The fees charged and collected pursuant to this section are
not refundable.
Sec. 11. NRS 641C.710 is hereby amended to read as follows:
641C.710 1. If the Board receives a copy of a court order
issued pursuant to NRS 425.540 that provides for the suspension of
all professional, occupational and recreational licenses, certificates
and permits issued to a person, the Board shall deem the license or
certificate to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Board receives a
letter issued to the person by the district attorney or other public
agency pursuant to NRS 425.550 stating that the person has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
2. [The] Except as otherwise provided in section 3 of this act,
the Board shall reinstate a license or certificate that has been
suspended by a district court pursuant to NRS 425.540 if the Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person stating that the person has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
Sec. 12. NRS NRS 641C.910 is hereby amended to read as
follows:
641C.910 1. A person shall not:
(a) Hold himself out to [the] a member of the general public as
an alcohol and drug abuse counselor or alcohol and drug abuse
counselor intern;
(b) Use the title “alcohol and drug abuse counselor,” “alcohol
and drug abuse counselor intern,” “drug abuse counselor,”
“substance abuse [counselor”] counselor,” “detoxification
technician” or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the
Board,
unless he is licensed or certified by the Board pursuant to the
provisions of this chapter[.] or a regulation adopted pursuant to
section 2 of this act.
2. If the Board believes that any person has violated or is about
to violate [the provisions of subsection 1,] any provision of this
chapter or a regulation adopted pursuant thereto, it may bring an
action in a court of competent jurisdiction to enjoin [that] the person
from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by
any person.
(b) Does not prevent the criminal prosecution and punishment of
a person who violates [the provisions of subsection 1.] a provision
of this chapter or a regulation adopted pursuant thereto.
Sec. 13. NRS 641C.950 is hereby amended to read as follows:
641C.950 A person who violates any provision of [the
provisions of] this chapter or a regulation adopted pursuant thereto
is guilty of a misdemeanor.
Sec. 14. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, unless
the context requires otherwise:
1. “Administrator” means the Administrator of the Health
Division.
2. “Alcohol and drug abuse program” means a project
concerned with education, prevention and treatment directed toward
achieving the mental and physical restoration of alcohol and drug
abusers.
3. “Alcohol and drug abuser” means a person whose
consumption of alcohol or other drugs, or any combination thereof,
interferes with or adversely affects his ability to function socially or
economically.
4. “Alcoholic” means any person who habitually uses alcoholic
beverages to the extent that he endangers the health, safety or
welfare of himself or any other person or group of persons.
5. “Board” means the State Board of Health.
6. “Civil protective custody” means a custodial placement of a
person to protect his health or safety. Civil protective custody does
not have any criminal implication.
7. [“Detoxification technician” means a person who is certified
by the Health Division to provide screening for the safe withdrawal
from alcohol and other drugs.
8.] “Facility” means a physical structure used for the education,
prevention and treatment, including mental and physical restoration,
of alcohol and drug abusers.
[9.] 8. “Health Division” means the Health Division of the
Department of Human Resources.
Sec. 15. NRS 458.025 is hereby amended to read as follows:
458.025 The Health Division:
1. Shall formulate and operate a comprehensive state plan for
alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol
and drug abuse, including a survey of the facilities needed to
provide services and a plan for the development and distribution of
services and programs throughout this state.
(b) A plan for programs to educate the public in the problems of
the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional
training in fields of health and other persons involved in the
prevention of alcohol and drug abuse and in the treatment and
recovery of alcohol and drug abusers, and a plan to provide the
necessary treatment.
In developing and revising the state plan, the Health Division shall
consider, without limitation, the amount of money available from
the Federal Government for alcohol and drug abuse programs and
the conditions attached to the acceptance of that money, and the
limitations of legislative appropriations for alcohol and drug abuse
programs.
2. Shall coordinate the efforts to carry out the state plan and
coordinate all state and federal financial support of alcohol and drug
abuse programs in this state.
3. Must be consulted in the planning of projects and advised of
all applications for grants from within this state which are concerned
with alcohol and drug abuse programs, and shall review the
applications and advise the applicants concerning the applications.
4. Shall certify or deny certification of [detoxification
technicians or] any facilities or programs on the basis of the
standards established by the Board pursuant to this section, and
publish a list of certified [detoxification technicians,] facilities and
programs. Any [detoxification technicians,] facilities or programs
which are not certified are ineligible to receive state and federal
money for alcohol and drug abuse programs. The Board shall adopt
regulations [. The regulations:
(a) Must prescribe the requirements for continuing education for
persons certified as detoxification technicians; and
(b) May] which may prescribe the fees for the certification of
[detoxification technicians,] facilities or programs. A fee prescribed
pursuant to this [paragraph] subsection must be calculated to
produce the revenue estimated to cover the costs related to the
certifications, but in no case may a fee for a certificate exceed the
actual cost to the Health Division of issuing the certificate.
5. Upon request from a facility which is self-supported, may
certify the facility [,] and its programs and [detoxification
technicians and] add them to the list described in subsection 4.
Sec. 16. NRS 458.026, 458.027 and 458.028 are hereby
repealed.
Sec. 17. 1. This section and sections 1 to 13, inclusive, of
this act become effective on July 1, 2003.
2. Sections 14, 15 and 16 of this act become effective on the
date the regulation adopted by the Board pursuant to section 2 of
this act becomes effective, unless a later effective date is otherwise
specified in the regulation.
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