requires two-thirds majority vote (§§ 29, 32)
S.B. 351
Senate
Bill No. 351–Committee on Human
Resources and Facilities
March 17, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires licensure or certification for persons who counsel compulsive gamblers. (BDR 54‑123)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; declaring the practice of counseling compulsive gamblers to be a learned profession; requiring persons who counsel compulsive gamblers to be licensed or certified by the Board of Examiners for Alcohol and Drug Abuse Counselors; requiring the Board to adopt certain regulations; 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:
1-1 Section 1. Title 54 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 39, inclusive, of this act.
1-4 Sec. 2. The practice of counseling compulsive gamblers is
1-5 hereby declared to be a learned profession, affecting public health,
1-6 safety and welfare and is subject to regulation to protect the public
1-7 from the practice of counseling compulsive gamblers by
1-8 unqualified persons and from unprofessional conduct by persons
1-9 who are licensed or certified to engage in the practice of
1-10 counseling compulsive gamblers.
1-11 Sec. 3. As used in this chapter, unless the context otherwise
1-12 requires, the words and terms defined in sections 4 to 11,
2-1 inclusive, of this act have the meanings ascribed to them in those
2-2 sections.
2-3 Sec. 4. “Board” means the Board of Examiners for Alcohol
2-4 and Drug Abuse Counselors created in NRS 641C.150.
2-5 Sec. 5. “Certificate” means a certificate issued to a person
2-6 who is certified as a counselor of compulsive gamblers or a
2-7 counselor of compulsive gamblers intern.
2-8 Sec. 6. “Certified counselor” means a person who is certified
2-9 as a counselor of compulsive gamblers pursuant to the provisions
2-10 of this chapter.
2-11 Sec. 7. “Certified intern” means a person who is certified as
2-12 a counselor of compulsive gamblers pursuant to the provisions of
2-13 this chapter.
2-14 Sec. 8. “Habitual use” means the use of alcohol and drugs
2-15 that endangers the health, safety or welfare of the user or any
2-16 other person.
2-17 Sec. 9. “License” means a license issued to a person who is
2-18 licensed as a counselor of compulsive gamblers pursuant to the
2-19 provisions of this chapter.
2-20 Sec. 10. “Licensed counselor” means a person who is
2-21 licensed as a counselor of compulsive gamblers pursuant to the
2-22 provisions of this chapter.
2-23 Sec. 11. “Practice of counseling compulsive gamblers”
2-24 means the application of counseling to reduce or eliminate
2-25 compulsive gambling.
2-26 Sec. 12. The provisions of this chapter do not apply to:
2-27 1. A physician who is licensed pursuant to the provisions of
2-28 chapter 630 of NRS;
2-29 2. A nurse who is licensed pursuant to the provisions of
2-30 chapter 632 of NRS and is authorized by the State Board of
2-31 Nursing to engage in the practice of counseling compulsive
2-32 gamblers;
2-33 3. A psychologist who is licensed pursuant to the provisions
2-34 of chapter 641 of NRS;
2-35 4. A marriage and family therapist who is licensed pursuant
2-36 to the provisions of chapter 641A of NRS and is authorized by the
2-37 Board of Examiners for Marriage and Family Therapists to
2-38 engage in the practice of counseling compulsive gamblers; or
2-39 5. A person who is licensed as a clinical social worker
2-40 pursuant to the provisions of chapter 641B of NRS and is
2-41 authorized by the Board of Examiners for Social Workers to
2-42 engage in the practice of counseling compulsive gamblers.
2-43 Sec. 13. 1. The Board shall adopt such regulations as are
2-44 necessary to carry out the provisions of this chapter, including,
2-45 without limitation, regulations that prescribe:
3-1 (a) The ethical standards for licensed and certified counselors
3-2 and certified interns.
3-3 (b) The requirements for continuing education for the
3-4 renewal, restoration or reinstatement of a license or certificate.
3-5 2. The Board may adopt regulations prescribing the contents
3-6 of a written or oral examination concerning the practice of
3-7 counseling compulsive gamblers.
3-8 Sec. 14. The Secretary-Treasurer of the Board shall prepare
3-9 and maintain:
3-10 1. A separate list of the names and addresses of:
3-11 (a) The applicants for a license;
3-12 (b) The applicants for a certificate;
3-13 (c) The licensed counselors;
3-14 (d) The certified counselors; and
3-15 (e) The certified interns.
3-16 2. A record of each examination conducted by the Board.
3-17 Sec. 15. A license issued pursuant to the provisions of this
3-18 chapter is a privilege that may be revoked in accordance with the
3-19 disciplinary procedures set forth in this chapter and in regulations
3-20 adopted by the Board pursuant to this chapter, and no holder of
3-21 such a license or certificate acquires thereby any vested right.
3-22 Sec. 16. Each applicant for a license or certificate must
3-23 submit to the Board:
3-24 1. An application on a form provided by the Board; and
3-25 2. The application fee prescribed in section 29 of this act.
3-26 Sec. 17. An application for a license or certificate must set
3-27 forth the social security number of the applicant.
3-28 Sec. 18. 1. An applicant for the issuance, renewal,
3-29 reinstatement or restoration of a license or certificate shall submit
3-30 to the Board the statement prescribed by the Welfare Division of
3-31 the Department of Human Resources pursuant to NRS 425.520.
3-32 The statement must be completed and signed by the applicant.
3-33 2. The Board shall include the statement required pursuant to
3-34 subsection 1 in:
3-35 (a) The application or any other forms that must be submitted
3-36 for the issuance, renewal, reinstatement or restoration of the
3-37 license or certificate; or
3-38 (b) A separate form prescribed by the Board.
3-39 3. A license or certificate may not be issued, renewed,
3-40 reinstated or restored by the Board if the applicant:
3-41 (a) Fails to submit the statement required pursuant to
3-42 subsection 1; or
3-43 (b) Indicates on the statement submitted pursuant to
3-44 subsection 1 that he is subject to a court order for the support of a
3-45 child and is not in compliance with the order or a plan approved
4-1 by the district attorney or other public agency enforcing the order
4-2 for the repayment of the amount owed pursuant to the order.
4-3 4. If an applicant indicates on the statement submitted
4-4 pursuant to subsection 1 that he is subject to a court order for the
4-5 support of a child and is not in compliance with the order or a
4-6 plan approved by the district attorney or other public agency
4-7 enforcing the order for the repayment of the amount owed
4-8 pursuant to the order, the Board shall advise the applicant to
4-9 notify the district attorney or other public agency enforcing the
4-10 order to determine the actions that the applicant may take to
4-11 satisfy the arrearage.
4-12 Sec. 19. 1. Each applicant for a license or certificate as a
4-13 counselor of compulsive gamblers must pass a written and oral
4-14 examination concerning his knowledge of the provisions of this
4-15 chapter and any regulations adopted by the Board pursuant to the
4-16 provisions of this chapter, and, if the Board prescribes the
4-17 contents by regulation, the practice of counseling compulsive
4-18 gamblers.
4-19 2. The Board shall:
4-20 (a) Examine applicants at least two times each year.
4-21 (b) Establish the time and place for the examinations.
4-22 (c) Provide such books and forms as may be necessary to
4-23 conduct the examinations.
4-24 (d) Establish, by regulation, the requirements for passing the
4-25 examinations.
4-26 3. The Board may employ other persons to conduct the
4-27 examinations.
4-28 Sec. 20. The Board shall issue a license or certificate without
4-29 examination to a person who holds a license or certificate as a
4-30 counselor of compulsive gamblers in another state, a territory or
4-31 possession of the United States or the District of Columbia if the
4-32 requirements of that jurisdiction at the time the license or
4-33 certificate was issued are deemed by the Board to be substantially
4-34 equivalent to the requirements set forth in the provisions of this
4-35 chapter.
4-36 Sec. 21. 1. The Board may hold hearings and conduct
4-37 investigations concerning any matter related to an application for
4-38 a license. In the hearings and investigations, the Board may
4-39 require the presentation of evidence.
4-40 2. The Board may refuse to issue a license to an applicant if
4-41 the Board determines that the applicant:
4-42 (a) Is not of good moral character as it relates to the practice
4-43 of counseling compulsive gamblers;
4-44 (b) Has submitted a false credential to the Board;
5-1 (c) Has been disciplined in another state, a possession or
5-2 territory of the United States or the District of Columbia in
5-3 connection with the practice of counseling compulsive gamblers;
5-4 (d) Has committed an act in another state, a possession or
5-5 territory of the United States or the District of Columbia in
5-6 connection with the practice of counseling compulsive gamblers,
5-7 that would be a violation of the provisions of this chapter if the act
5-8 were committed in this state; or
5-9 (e) Has failed to comply with any of the requirements for a
5-10 license.
5-11 Sec. 22. 1. The Board may issue a provisional license or
5-12 certificate as a counselor of compulsive gamblers to a person who
5-13 has applied to the Board to take the examination for a license or
5-14 certificate as a counselor of compulsive gamblers and is otherwise
5-15 eligible for that license or certificate pursuant to section 23 or 25
5-16 of this act.
5-17 2. A provisional license or certificate is valid for not more
5-18 than 1 year and may not be renewed.
5-19 Sec. 23. The Board shall issue a license as a counselor of
5-20 compulsive gamblers to:
5-21 1. A person who:
5-22 (a) Is not less than 21 years of age;
5-23 (b) Is a citizen of the United States or is lawfully entitled to
5-24 remain and work in the United States;
5-25 (c) Has received a master’s degree or a doctoral degree from
5-26 an accredited college or university in a field of social science
5-27 approved by the Board;
5-28 (d) Has completed 4,000 hours of supervised counseling of
5-29 compulsive gamblers;
5-30 (e) Passes the written and oral examinations prescribed by the
5-31 Board pursuant to section 19 of this act;
5-32 (f) Pays the fees required pursuant to section 29 of this act;
5-33 and
5-34 (g) Submits the statement required pursuant to section 18 of
5-35 this act.
5-36 2. A person who:
5-37 (a) Is not less than 21 years of age;
5-38 (b) Is a citizen of the United States or is lawfully entitled to
5-39 remain and work in the United States;
5-40 (c) Is:
5-41 (1) Licensed as a clinical social worker pursuant to chapter
5-42 641B of NRS;
5-43 (2) Licensed as a marriage and family therapist pursuant to
5-44 chapter 641A of NRS; or
6-1 (3) A nurse who is licensed pursuant to chapter 632 of NRS
6-2 and has received a master’s degree or a doctoral degree from an
6-3 accredited college or university;
6-4 (d) Has completed at least 6 months of supervised counseling
6-5 of compulsive gamblers approved by the Board;
6-6 (e) Passes the written and oral examinations prescribed by the
6-7 Board pursuant to section 19 of this act;
6-8 (f) Pays the fees required pursuant to section 29 of this act;
6-9 and
6-10 (g) Submits the statement required pursuant to section 18 of
6-11 this act.
6-12 Sec. 24. 1. A license as a counselor of compulsive gamblers
6-13 is valid for 2 years and may be renewed.
6-14 2. A licensed counselor may:
6-15 (a) Engage in the practice of counseling compulsive gamblers;
6-16 (b) Diagnose or classify a person as a compulsive gambler;
6-17 and
6-18 (c) Supervise certified interns.
6-19 Sec. 25. 1. The Board shall issue a certificate as a
6-20 counselor of compulsive gamblers to a person who:
6-21 (a) Is not less than 21 years of age;
6-22 (b) Is a citizen of the United States or is lawfully entitled to
6-23 remain and work in the United States;
6-24 (c) Has received a bachelor’s degree from an accredited
6-25 college or university in a field of social science approved by the
6-26 Board;
6-27 (d) Has completed 4,000 hours of supervised counseling of
6-28 compulsive gamblers;
6-29 (e) Passes the written and oral examinations prescribed by the
6-30 Board pursuant to section 19 of this act;
6-31 (f) Pays the fees required pursuant to section 29 of this act;
6-32 and
6-33 (g) Submits the statement required pursuant to section 18 of
6-34 this act.
6-35 2. A certificate as a counselor of compulsive gamblers is valid
6-36 for 2 years and may be renewed.
6-37 3. A certified counselor of compulsive gamblers may:
6-38 (a) Engage in the practice of counseling compulsive gamblers;
6-39 and
6-40 (b) Diagnose or classify a person as a compulsive gambler.
6-41 Sec. 26. 1. The Board shall issue a certificate as a
6-42 counselor of compulsive gamblers intern to a person who:
6-43 (a) Is not less than 21 years of age;
6-44 (b) Is a citizen of the United States or is lawfully entitled to
6-45 remain and work in the United States;
7-1 (c) Has a high school diploma or a general equivalency
7-2 diploma;
7-3 (d) Pays the fees required pursuant to section 29 of this act;
7-4 (e) Submits proof to the Board that he:
7-5 (1) Is enrolled in a program from which he will receive an
7-6 associate’s degree, bachelor’s degree, master’s degree or doctoral
7-7 degree in a field of social science approved by the Board; or
7-8 (2) Has received an associate’s degree, bachelor’s degree,
7-9 master’s degree or doctoral degree in a field of social science
7-10 approved by the Board; and
7-11 (f) Submits the statement required pursuant to section 18 of
7-12 this act.
7-13 2. A certificate as a counselor of compulsive gamblers intern
7-14 is valid for 1 year and may be renewed.
7-15 3. A certified intern may, under the supervision of a licensed
7-16 counselor:
7-17 (a) Engage in the practice of counseling compulsive gamblers;
7-18 and
7-19 (b) Diagnose or classify a person as a compulsive gambler.
7-20 Sec. 27. Except as otherwise provided in section 22 of this
7-21 act, a person may renew his license or certificate by submitting to
7-22 the Board:
7-23 1. An application for the renewal of his license or certificate;
7-24 2. The fee for the renewal of a license or certificate
7-25 prescribed in section 29 of this act;
7-26 3. Evidence of his completion of the continuing education
7-27 required by the Board;
7-28 4. If the applicant is a certified intern, the name of the
7-29 licensed counselor who supervises him; and
7-30 5. The statement required pursuant to section 18 of this act.
7-31 Sec. 28. 1. A license or certificate that is not renewed on or
7-32 before the date on which it expires is delinquent. The Board shall,
7-33 within 30 days after the license or certificate becomes delinquent,
7-34 send a notice to the licensed or certified counselor or certified
7-35 intern by certified mail, return receipt requested, to the address of
7-36 the counselor or intern as indicated in the records of the Board.
7-37 2. A licensed or certified counselor or certified intern may
7-38 renew a delinquent license or certificate within 60 days after the
7-39 license or certificate becomes delinquent by complying with the
7-40 requirements of section 26 of this act and paying, in addition to
7-41 the fee for the renewal of the license or certificate, the fee for the
7-42 renewal of a delinquent license or certificate prescribed in section
7-43 29 of this act.
7-44 3. A license or certificate expires 60 days after it becomes
7-45 delinquent if it is not renewed within that period.
8-1 4. A license or certificate that has expired may be restored if
8-2 the applicant:
8-3 (a) Submits to the Board an application to restore the license
8-4 or certificate;
8-5 (b) Submits to the Board the statement required pursuant to
8-6 section 18 of this act;
8-7 (c) Pays the renewal fees for the period during which the
8-8 license or certificate was expired and the fee for the restoration of
8-9 a license or certificate prescribed in section 29 of this act;
8-10 (d) Passes the oral and written examinations prescribed by the
8-11 Board; and
8-12 (e) Submits to the Board evidence of his completion of the
8-13 continuing education required by the Board.
8-14 Sec. 29. 1. The Board shall charge and collect not more
8-15 than the following fees:
8-16 For the initial application for a license or
8-17 certificate.......................................... $150
8-18 For the issuance of a provisional license or
8-19 certificate............................................ 125
8-20 For the issuance of an initial license or certificate 60
8-21 For the renewal of a license or certificate as a
8-22 counselor of compulsive gamblers... 300
8-23 For the renewal of a certificate as a counselor of
8-24 compulsive gamblers intern................ 75
8-25 For the renewal of a delinquent license or certificate75
8-26 For the restoration of an expired license or
8-27 certificate............................................ 150
8-28 For the restoration or reinstatement of a
8-29 suspended or revoked license or certificate 300
8-30 For the issuance of a license or certificate without
8-31 examination....................................... 150
8-32 For an examination........................... 150
8-33 2. The fees charged and collected pursuant to this section are
8-34 not refundable.
8-35 Sec. 30. The grounds for initiating disciplinary action
8-36 pursuant to the provisions of this chapter include:
8-37 1. Conviction of:
8-38 (a) A felony;
8-39 (b) An offense involving moral turpitude; or
8-40 (c) A violation of a federal or state law regulating the
8-41 possession, distribution or use of a controlled substance or
8-42 dangerous drug as defined in chapter 453 of NRS;
8-43 2. Fraud or deception in:
8-44 (a) Applying for a license or certificate;
8-45 (b) Taking an examination for a license or certificate;
9-1 (c) Documenting the continuing education required to renew
9-2 or reinstate a license or certificate;
9-3 (d) Submitting a claim for payment to an insurer; or
9-4 (e) The practice of counseling compulsive gamblers;
9-5 3. Allowing the unauthorized use of a license or certificate
9-6 issued pursuant to this chapter;
9-7 4. Professional incompetence;
9-8 5. The habitual use of alcohol or any other drug that impairs
9-9 the ability of a licensed or certified counselor or certified intern to
9-10 engage in the practice of counseling compulsive gamblers;
9-11 6. Engaging in the practice of counseling compulsive
9-12 gamblers with an expired, suspended or revoked license or
9-13 certificate; and
9-14 7. Engaging in behavior that is contrary to the ethical
9-15 standards as set forth in the regulations of the Board.
9-16 Sec. 31. 1. If the Board receives a copy of a court order
9-17 issued pursuant to NRS 425.540 that provides for the suspension
9-18 of all professional, occupational and recreational licenses,
9-19 certificates and permits issued to a person, the Board shall deem
9-20 the license or certificate to be suspended at the end of the 30th day
9-21 after the date on which the court order was issued unless the
9-22 Board receives a letter issued to the person by the district attorney
9-23 or other public agency pursuant to NRS 425.550 stating that the
9-24 person has complied with the subpoena or warrant or has satisfied
9-25 the arrearage pursuant to NRS 425.560.
9-26 2. The Board shall reinstate a license or certificate that has
9-27 been suspended by a district court pursuant to NRS 425.540 if the
9-28 Board receives a letter issued by the district attorney or other
9-29 public agency pursuant to NRS 425.550 to the person stating that
9-30 the person has complied with the subpoena or warrant or has
9-31 satisfied the arrearage pursuant to NRS 425.560.
9-32 Sec. 32. 1. The Board or any of its members who become
9-33 aware of any ground for initiating disciplinary action against a
9-34 person engaging in the practice of counseling compulsive
9-35 gamblers in this state shall, and any other person who is so aware
9-36 may, file a written complaint specifying the relevant facts with the
9-37 Board. The complaint must specifically charge one or more of the
9-38 grounds for initiating disciplinary action.
9-39 2. As soon as practicable after the filing of the complaint, the
9-40 Board shall set a date for a hearing thereon. The date must not be
9-41 earlier than 30 days after the complaint is filed, except that the
9-42 date may be changed upon agreement of the parties. The Board
9-43 shall immediately notify the licensed or certified counselor or
9-44 certified intern of the complaint and the date and place set for the
9-45 hearing. A copy of the complaint must be attached to the notice.
10-1 3. The failure of the licensed or certified counselor or
10-2 certified intern to appear at the hearing does not delay or void the
10-3 proceeding.
10-4 4. The Board may, for good cause, continue a hearing from
10-5 time to time.
10-6 5. If, after notice and a hearing, the Board determines that
10-7 the licensed or certified counselor or certified intern has violated a
10-8 provision of this chapter or any regulation adopted pursuant to
10-9 this chapter, it may:
10-10 (a) Administer a public or private reprimand;
10-11 (b) Suspend his license or certificate and impose conditions for
10-12 the removal of the suspension;
10-13 (c) Revoke his license or certificate and prescribe the
10-14 requirements for the reinstatement of the license or certificate;
10-15 (d) If he is a licensed or certified counselor, require him to be
10-16 supervised by another person while he engages in the practice of
10-17 counseling compulsive gamblers;
10-18 (e) Require him to participate in treatment or counseling and
10-19 pay the expenses of that treatment or counseling;
10-20 (f) Require him to pay restitution to any person adversely
10-21 affected by his acts or omissions;
10-22 (g) Impose a fine of not more than $5,000;
10-23 (h) Require him to pay the costs of the Board for the
10-24 investigation and hearing; or
10-25 (i) Take any combination of the actions authorized by
10-26 paragraphs (a) to (h), inclusive.
10-27 6. If his license or certificate is revoked or suspended
10-28 pursuant to subsection 5, the licensed or certified counselor or
10-29 certified intern may apply to the Board for a rehearing within 10
10-30 days after the license or certificate is revoked or suspended. The
10-31 licensed or certified counselor or certified intern may apply to the
10-32 Board for reinstatement of his revoked license or certificate not
10-33 earlier than 1 year after the license or certificate is revoked. The
10-34 Board may accept or reject the application and may require the
10-35 successful completion of an examination as a condition of
10-36 reinstatement of the license or certificate.
10-37 Sec. 33. 1. The Board may issue subpoenas for the
10-38 attendance of witnesses and the production of books and papers.
10-39 2. The district court, in and for the county in which a hearing
10-40 is held, may compel the attendance of witnesses, the giving of
10-41 testimony and the production of books and papers as required by a
10-42 subpoena issued by the Board.
10-43 3. If a witness refuses to attend or testify or to produce any
10-44 books or papers required by a subpoena, the Board may file a
10-45 petition ex parte with the district court, setting forth that:
11-1 (a) Notice has been given of the time and place for the
11-2 attendance of the witness or the production of the books or papers;
11-3 (b) The witness has been subpoenaed by the Board pursuant to
11-4 this section;
11-5 (c) The witness has failed or refused to attend or produce the
11-6 books or papers required by the subpoena before the Board in the
11-7 cause or proceeding named in the subpoena, or has refused to
11-8 answer questions propounded to him in the course of the hearing;
11-9 and
11-10 (d) The Board therefore requests an order of the court
11-11 compelling the witness to attend and testify or produce the books
11-12 and papers before the Board.
11-13 4. The court, upon such a petition, shall enter an order
11-14 directing the witness to appear before the court at a time and place
11-15 fixed by the court in the order, and to show cause why he has not
11-16 attended or testified or produced the books or papers before the
11-17 Board. The time may not be more than 10 days after the date of
11-18 the order. A certified copy of the order must be served upon the
11-19 witness.
11-20 5. If the court determines that the subpoena was regularly
11-21 issued by the Board, the court shall enter an order that the witness
11-22 appear before the Board at the time and place fixed in the order,
11-23 and testify or produce the required books or papers. The failure to
11-24 obey the order is a contempt of the court that issued it.
11-25 Sec. 34. Each witness who appears by an order of the Board
11-26 is entitled to receive for his attendance the same fees and mileage
11-27 allowed by law to a witness in a civil case. The amount must be
11-28 paid by the party who requested the subpoena. If a witness who
11-29 has not been required to attend at the request of any party is
11-30 subpoenaed by the Board, his fees and mileage must be paid from
11-31 the money of the Board.
11-32 Sec. 35. 1. The Board may, in any hearing before it, cause
11-33 the deposition of witnesses to be taken in the manner prescribed
11-34 for depositions in civil actions in this state.
11-35 2. The district court in and for the county in which a hearing
11-36 is held shall, upon the application of the Board, issue a
11-37 commission to another state for the taking of evidence in that state
11-38 for use in a proceeding before the Board.
11-39 Sec. 36. 1. Any records or information obtained during the
11-40 course of an investigation by the Board and any record of the
11-41 investigation are confidential until the investigation is completed.
11-42 Upon completion of the investigation, the information and records
11-43 are public records if:
11-44 (a) Disciplinary action is imposed by the Board as a result of
11-45 the investigation; or
12-1 (b) The person regarding whom the investigation was made
12-2 submits a written request to the Board asking that the information
12-3 and records be made public records.
12-4 2. If the Board receives a request or subpoena for records or
12-5 information obtained during an investigation by the Board and the
12-6 records or information is not made public pursuant to subsection
12-7 1, the Board shall notify the person regarding whom the
12-8 investigation was made of the request or subpoena. If that person
12-9 does not consent in writing to the release of the records or
12-10 information, the Board may release the records or information
12-11 only upon the order of a court of competent jurisdiction.
12-12 Sec. 37. 1. Except as otherwise provided in subsection 2, a
12-13 person shall not engage in the practice of counseling compulsive
12-14 gamblers unless he is a licensed counselor, certified counselor or
12-15 certified intern.
12-16 2. A person may engage in the practice of counseling
12-17 compulsive gamblers under the supervision of a licensed
12-18 counselor for not more than 30 days if that person:
12-19 (a) Is qualified to be licensed or certified as a counselor of
12-20 compulsive gamblers or certified as a counselor of compulsive
12-21 gamblers intern pursuant to the provisions of this chapter; and
12-22 (b) Submits an application to the Board for a license or
12-23 certificate as a counselor of compulsive gamblers or a certificate
12-24 as a counselor of compulsive gamblers intern pursuant to the
12-25 provisions of this chapter.
12-26 Sec. 38. 1. A person shall not:
12-27 (a) Hold himself out to the members of the general public as
12-28 an counselor of compulsive gamblers or a counselor of compulsive
12-29 gamblers intern;
12-30 (b) Use the title “counselor of compulsive gamblers,”
12-31 “counselor of compulsive gamblers intern,” “compulsive gambler
12-32 counselor,” or any similar title in connection with his work; or
12-33 (c) Imply in any way that he is licensed or certified by the
12-34 Board,
12-35 unless he is licensed or certified by the Board pursuant to the
12-36 provisions of this chapter.
12-37 2. If the Board believes that any person has violated or is
12-38 about to violate the provisions of subsection 1, it may bring an
12-39 action in a court of competent jurisdiction to enjoin that person
12-40 from engaging in or continuing the violation. An injunction:
12-41 (a) May be issued without proof of actual damage sustained by
12-42 any person.
12-43 (b) Does not prevent the criminal prosecution and punishment
12-44 of a person who violates the provisions of subsection 1.
13-1 Sec. 39. A person who violates any of the provisions of this
13-2 chapter is guilty of a misdemeanor.
13-3 Sec. 40. NRS 641C.150 is hereby amended to read as follows:
13-4 641C.150 1. The Board of Examiners for Alcohol and Drug
13-5 Abuse Counselors, consisting of five members appointed by the
13-6 Governor, is hereby created.
13-7 2. The Board must consist of:
13-8 (a) Three members who are licensed as alcohol and drug abuse
13-9 counselors pursuant to the provisions of this chapter;
13-10 (b) One member who is certified as an alcohol and drug abuse
13-11 counselor pursuant to the provisions of this chapter; and
13-12 (c) One member who is a representative of the general public.
13-13 3. A person may not be appointed to the Board unless he is:
13-14 (a) A citizen of the United States or is lawfully entitled to
13-15 remain and work in the United States; and
13-16 (b) A resident of this state.
13-17 4. No member of the Board may be held liable in a civil action
13-18 for any act that he performs in good faith in the execution of his
13-19 duties pursuant to the provisions of this chapter[.] or sections 2 to
13-20 39, inclusive, of this act.
13-21 Sec. 41. NRS 641C.160 is hereby amended to read as follows:
13-22 641C.160 1. After the initial terms, the members of the Board
13-23 must be appointed to terms of 4 years and may not serve more than
13-24 two consecutive terms.
13-25 2. Upon the expiration of his term, a member continues to
13-26 serve on the Board until a qualified person has been appointed as his
13-27 successor.
13-28 3. The Governor may, after notice and hearing, remove any
13-29 member of the Board for misconduct, incompetence, neglect of duty
13-30 or any other sufficient cause.
13-31 4. The Board shall:
13-32 (a) Elect annually from its members a President, Vice President
13-33 and Secretary-Treasurer. If the President, Vice President or
13-34 Secretary-Treasurer is replaced by another person appointed by the
13-35 Governor, the Board shall elect from its members a replacement for
13-36 the President, Vice President or Secretary-Treasurer.
13-37 (b) Meet not less than twice a year and may meet at other times
13-38 at the call of the President or a majority of its members.
13-39 (c) Not incur any expenses that exceed the money received from
13-40 time to time as fees provided by the provisions of this chapter[.]
13-41 and sections 2 to 39, inclusive, of this act.
13-42 (d) Prepare and maintain a record of its transactions and
13-43 proceedings.
13-44 (e) Adopt a seal of which each court of this state shall take
13-45 judicial notice.
14-1 5. A majority of the members of the Board constitutes a
14-2 quorum to transact the business of the Board.
14-3 Sec. 42. NRS 641C.180 is hereby amended to read as follows:
14-4 641C.180 The Board may:
14-5 1. Maintain offices in as many locations in this state as it
14-6 considers necessary to carry out the provisions of this chapter[.]
14-7 and sections 2 to 39, inclusive, of this act.
14-8 2. Employ attorneys, investigators and other persons necessary
14-9 to carry out its duties.
14-10 Sec. 43. NRS 641C.190 is hereby amended to read as follows:
14-11 641C.190 1. Except as otherwise provided in subsection 4,
14-12 all expenses incurred by the Board in carrying out the provisions of
14-13 this chapter and sections 2 to 39, inclusive, of this act must be paid
14-14 from the money which it receives. No part of the salaries or
14-15 expenses of the Board may be paid out of the State General Fund.
14-16 2. All money received by the Board must be deposited in a
14-17 bank, credit union or other financial institution in this state and paid
14-18 out on its order for its expenses.
14-19 3. The Board may delegate to a hearing officer or panel its
14-20 authority to take any disciplinary action pursuant to this chapter[,]
14-21 or sections 2 to 39, inclusive, of this act, impose and collect fines
14-22 and penalties therefor and deposit the money therefrom in a bank,
14-23 credit union or other financial institution in this state.
14-24 4. If a hearing officer or panel is not authorized to take
14-25 disciplinary action pursuant to subsection 3, the Board shall deposit
14-26 the money collected from the imposition of fines with the State
14-27 Treasurer for credit to the State General Fund. If money is so
14-28 deposited, the Board may present a claim to the State Board of
14-29 Examiners for recommendation to the Interim Finance Committee if
14-30 money is needed to pay attorney’s fees or the costs of an
14-31 investigation, or both.
14-32 Sec. 44. Section 23 of this act is hereby amended to read as
14-33 follows:
14-34 Sec. 23. The Board shall issue a license as a counselor
14-35 of compulsive gamblers to:
14-36 1. A person who:
14-37 (a) Is not less than 21 years of age;
14-38 (b) Is a citizen of the United States or is lawfully entitled
14-39 to remain and work in the United States;
14-40 (c) Has received a master’s degree or a doctoral degree
14-41 from an accredited college or university in a field of social
14-42 science approved by the Board;
14-43 (d) Has completed 4,000 hours of supervised counseling
14-44 of compulsive gamblers;
15-1 (e) Passes the written and oral examinations prescribed by
15-2 the Board pursuant to section 19 of this act; and
15-3 (f) Pays the fees required pursuant to section 29 of this act
15-4 . [; and
15-5 (g) Submits the statement required pursuant to section 18
15-6 of this act.]
15-7 2. A person who:
15-8 (a) Is not less than 21 years of age;
15-9 (b) Is a citizen of the United States or is lawfully entitled
15-10 to remain and work in the United States;
15-11 (c) Is:
15-12 (1) Licensed as a clinical social worker pursuant to
15-13 chapter 641B of NRS;
15-14 (2) Licensed as a marriage and family therapist
15-15 pursuant to chapter 641A of NRS; or
15-16 (3) A nurse who is licensed pursuant to chapter 632 of
15-17 NRS and has received a master’s degree or a doctoral degree
15-18 from an accredited college or university;
15-19 (d) Has completed at least 6 months of supervised
15-20 counseling of compulsive gamblers approved by the Board;
15-21 (e) Passes the written and oral examinations prescribed by
15-22 the Board pursuant to section 19 of this act; and
15-23 (f) Pays the fees required pursuant to section 29 of this act
15-24 . [; and
15-25 (g) Submits the statement required pursuant to section 18
15-26 of this act.]
15-27 Sec. 45. Section 25 of this act is hereby amended to read as
15-28 follows:
15-29 Sec. 25. 1. The Board shall issue a certificate as a
15-30 counselor of compulsive gamblers to a person who:
15-31 (a) Is not less than 21 years of age;
15-32 (b) Is a citizen of the United States or is lawfully entitled
15-33 to remain and work in the United States;
15-34 (c) Has received a bachelor’s degree from an accredited
15-35 college or university in a field of social science approved by
15-36 the Board;
15-37 (d) Has completed 4,000 hours of supervised counseling
15-38 of compulsive gamblers;
15-39 (e) Passes the written and oral examinations prescribed by
15-40 the Board pursuant to section 19 of this act; and
15-41 (f) Pays the fees required pursuant to section 29 of this act
15-42 . [; and
15-43 (g) Submits the statement required pursuant to section 18
15-44 of this act.]
16-1 2. A certificate as a counselor of compulsive gamblers is
16-2 valid for 2 years and may be renewed.
16-3 3. A certified counselor of compulsive gamblers may:
16-4 (a) Engage in the practice of counseling compulsive
16-5 gamblers; and
16-6 (b) Diagnose or classify a person as a compulsive
16-7 gambler.
16-8 Sec. 46. Section 26 of this act is hereby amended to read as
16-9 follows:
16-10 Sec. 26. 1. The Board shall issue a certificate as a
16-11 counselor of compulsive gamblers intern to a person who:
16-12 (a) Is not less than 21 years of age;
16-13 (b) Is a citizen of the United States or is lawfully entitled
16-14 to remain and work in the United States;
16-15 (c) Has a high school diploma or a general equivalency
16-16 diploma;
16-17 (d) Pays the fees required pursuant to section 29 of this
16-18 act; and
16-19 (e) Submits proof to the Board that he:
16-20 (1) Is enrolled in a program from which he will
16-21 receive an associate’s degree, bachelor’s degree, master’s
16-22 degree or doctoral degree in a field of social science approved
16-23 by the Board; or
16-24 (2) Has received an associate’s degree, bachelor’s
16-25 degree, master’s degree or doctoral degree in a field of social
16-26 science approved by the Board . [; and
16-27 (f) Submits the statement required pursuant to section 18
16-28 of this act.]
16-29 2. A certificate as a counselor of compulsive gamblers
16-30 intern is valid for 1 year and may be renewed.
16-31 3. A certified intern may, under the supervision of a
16-32 licensed counselor:
16-33 (a) Engage in the practice of counseling compulsive
16-34 gamblers; and
16-35 (b) Diagnose or classify a person as a compulsive
16-36 gambler.
16-37 Sec. 47. Section 27 of this act is hereby amended to read as
16-38 follows:
16-39 Sec. 27. Except as otherwise provided in section 22 of
16-40 this act, a person may renew his license or certificate by
16-41 submitting to the Board:
16-42 1. An application for the renewal of his license or
16-43 certificate;
16-44 2. The fee for the renewal of a license or certificate
16-45 prescribed in section 29 of this act;
17-1 3. Evidence of his completion of the continuing
17-2 education required by the Board; and
17-3 4. If the applicant is a certified intern, the name of the
17-4 licensed counselor who supervises him . [; and
17-5 5. The statement required pursuant to section 18 of this
17-6 act.]
17-7 Sec. 48. Section 28 of this act is hereby amended to read as
17-8 follows:
17-9 Sec. 28. 1. A license or certificate that is not renewed
17-10 on or before the date on which it expires is delinquent. The
17-11 Board shall, within 30 days after the license or certificate
17-12 becomes delinquent, send a notice to the licensed or certified
17-13 counselor or certified intern by certified mail, return receipt
17-14 requested, to the address of the counselor or intern as
17-15 indicated in the records of the Board.
17-16 2. A licensed or certified counselor or certified intern
17-17 may renew a delinquent license or certificate within 60 days
17-18 after the license or certificate becomes delinquent by
17-19 complying with the requirements of section 26 of this act and
17-20 paying, in addition to the fee for the renewal of the license or
17-21 certificate, the fee for the renewal of a delinquent license or
17-22 certificate prescribed in section 29 of this act.
17-23 3. A license or certificate expires 60 days after it
17-24 becomes delinquent if it is not renewed within that period.
17-25 4. A license or certificate that has expired may be
17-26 restored if the applicant:
17-27 (a) Submits to the Board an application to restore the
17-28 license or certificate;
17-29 (b) [Submits to the Board the statement required pursuant
17-30 to section 18 of this act;
17-31 (c)] Pays the renewal fees for the period during which the
17-32 license or certificate was expired and the fee for the
17-33 restoration of a license or certificate prescribed in section 29
17-34 of this act;
17-35 [(d)] (c) Passes the oral and written examinations
17-36 prescribed by the Board; and
17-37 [(e)] (d) Submits to the Board evidence of his completion
17-38 of the continuing education required by the Board.
17-39 Sec. 49. 1. This section becomes effective upon passage and
17-40 approval.
17-41 2. Sections 1 to 43, inclusive, of this act become effective upon
17-42 passage and approval for the purpose of adopting regulations and on
17-43 January 1, 2004, for all other purposes.
17-44 3. Sections 44 to 48, inclusive, of this act become effective on
17-45 the date on which the provisions of 42 U.S.C. § 666 requiring each
18-1 state to establish procedures under which the state has authority to
18-2 withhold or suspend, or to restrict the use of professional,
18-3 occupational and recreational licenses of persons who:
18-4 (a) Have failed to comply with a subpoena or warrant relating to
18-5 a procedure to determine the paternity of a child or to establish or
18-6 enforce an obligation for the support of a child; or
18-7 (b) Are in arrears in the payment for the support of one or more
18-8 children,
18-9 are repealed by the Congress of the United States.
18-10 4. Sections 17, 18 and 31 of this act expire by limitation on the
18-11 date on which the provisions of 42 U.S.C. § 666 requiring each state
18-12 to establish procedures under which the state has authority to
18-13 withhold or suspend, or to restrict the use of professional,
18-14 occupational and recreational licenses of persons who:
18-15 (a) Have failed to comply with a subpoena or warrant relating to
18-16 a procedure to determine the paternity of a child or to establish or
18-17 enforce an obligation for the support of a child; or
18-18 (b) Are in arrears in the payment for the support of one or more
18-19 children,
18-20 are repealed by the Congress of the United States.
18-21 H