The practice of marriage
and family therapy is hereby declared a learned profession, profoundly
affecting public safety and welfare and charged with the public interest,
and therefore subject to protection and regulation by the State.
(Added to NRS by 1973, 486; A 1987, 2124)
As used in this chapter, unless the
context otherwise requires, words and terms defined in NRS 641A.030
to 641A.080 , inclusive, have the meanings assigned to
them in such sections.
(Added to NRS by 1973, 486)
“Board” means the Board of
Examiners for Marriage and Family Therapists.
(Added to NRS by 1973, 486; A 1987, 2124)
“License” means a license issued
by the Board pursuant to this chapter to practice as a marriage and
family therapist.
(Added to NRS by 1973, 486; A 1987, 2124)
“Licensee” means a person
licensed as a marriage and family therapist by the Board.
(Added to NRS by 1973, 486; A 1987, 2124)
“Marriage
and family therapist” means a person who describes himself or his
services to the public by any title or description which incorporates the
term “marriage and family therapist” or “marriage and family counselor,”
and under such a title offers to render or renders services to any person.
(Added to NRS by 1973, 486; A 1987, 2124)
1. “Practice of marriage and family therapy” means the application
of established principles of learning, motivation, perception, thinking,
emotional, marital and sexual relationships and adjustments by persons
trained in psychology, social work, psychiatry or marriage and family
therapy. The application of these principles includes:
(a) Diagnosis, therapy, treatment, counseling and the use of
psychotherapeutic measures with persons or groups with adjustment
problems in the areas of marriage, family or personal relationships.
(b) Conducting research concerning problems related to marital
relationships and human behavior.
(c) Consultation with other persons engaged in the practice of
marriage and family therapy if the consultation is determined by the
Board to include the application of any of these principles.
2. The term does not include:
(a) The diagnosis or treatment of a psychotic disorder; or
(b) The use of a psychological or psychometric assessment test to
determine intelligence, personality, aptitude, interests or addictions.
(Added to NRS by 1973, 486; A 1987, 2124; 1989, 1202; 1999, 795
)
BOARD OF EXAMINERS FOR MARRIAGE AND FAMILY THERAPISTS
The
Board of Examiners for Marriage and Family Therapists, consisting of six
members appointed by the Governor, is hereby created.
(Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124)
1. The Governor shall appoint to the Board:
(a) Four members who are licensed marriage and family therapists
and are in good standing with or acceptable for membership in their local
or state societies and associations when they exist; and
(b) Two members who are representatives of the general public.
These members must not be:
(1) A marriage and family therapist; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a marriage and family therapist.
2. The members who are representatives of the general public shall
not participate in preparing, conducting or grading any examination
required by the Board.
3. The Governor may, after notice and hearing, remove any member
of the Board for misconduct in office, incompetence, neglect of duty or
other sufficient cause.
(Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124; 2003, 1198
)
A person is not eligible
for appointment or to hold office as a member of the Board unless he is:
1. A citizen of the United States.
2. A resident of Nevada.
(Added to NRS by 1973, 487; A 1977, 1259)
The Board shall meet at least once
every 6 months at a time and place fixed by the Board. The Board shall
hold a special meeting upon a call of the President or upon a request by
a majority of the members. Three members of the Board constitute a quorum.
(Added to NRS by 1973, 487; A 1987, 2125)
At the regular meeting the Board shall
elect from its membership a President, a Vice President and a
Secretary-Treasurer, who shall hold office for 1 year and until the
election and qualification of their successors.
(Added to NRS by 1973, 487; A 1987, 2125)
The
Secretary-Treasurer shall make and keep on behalf of the Board, the
following:
1. A record of all meetings and proceedings.
2. A record of all examinations and applicants.
3. A register of all licenses and licensees.
4. An inventory of the property of the Board and of the State in
the Board’s possession.
(Added to NRS by 1973, 487; A 1987, 2125)
The Board shall adopt regulations not
inconsistent with the provisions of this chapter governing its procedure,
the examination and licensing of applicants, the granting, refusal,
revocation or suspension of licenses and the practice of marriage and
family therapy as it applies to this chapter.
(Added to NRS by 1973, 487; A 1987, 2125)
The Board shall under the provisions
of this chapter:
1. Examine and pass upon the qualifications of the applicants for
licensing.
2. License qualified applicants.
3. Revoke or suspend licenses.
4. Establish requirements for continuing education.
5. Collect all fees and make disbursements pursuant to this
chapter.
(Added to NRS by 1973, 487; A 1987, 2125)
The Board shall:
1. Adopt regulations specifying the criteria for courses of study
that are sufficient for the purposes of licensing; and
2. Determine which schools in and out of this State have courses
of study for the preparation of marriage and family therapy which are
sufficient for the purposes of licensing. Published lists of educational
institutions accredited by recognized accrediting organizations may be
used in the evaluation of such courses of study.
(Added to NRS by 1973, 487; A 1987, 2126; 1989, 1570)
1. The Board or any member thereof may issue subpoenas for the
attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which any hearing
is held, may compel the attendance of witnesses, the giving of testimony
and the production of books and papers as required by any subpoena issued
by the Board.
3. If any witness refuses to attend or testify or produce any
books or papers required by a subpoena, the Board may file a petition ex
parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance
of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the Board pursuant to this
section;
(c) The witness has failed or refused to attend or produce the
books or papers required by the subpoena before the Board in the cause or
proceeding named in the subpoena, or has refused to answer questions
propounded to him in the course of the hearing; and
(d) The Board therefore requests an order of the court compelling
the witness to attend and testify or produce the books or papers before
the Board.
4. The court, upon such a petition, shall enter an order directing
the witness to appear before the court at a time and place fixed by the
court in the order, and then and there to show cause why he has not
attended or testified or produced the books or papers before the Board.
The time may not be more than 10 days after the date of the order. A
certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued
by the Board, the court shall thereupon enter an order that the witness
appear before the Board at the time and place fixed in the order, and
testify or produce the required books or papers. Failure to obey the
order is a contempt of the court that issued the order.
(Added to NRS by 1999, 794 )
1. Except as otherwise provided in this section, any records or
information obtained during the course of an investigation by the Board
and any record of the investigation are confidential.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
3. This section does not prohibit the Board from communicating or
cooperating with any other licensing board or agency or any agency which
is investigating a licensee, including a law enforcement agency.
(Added to NRS by 1989, 1569; A 2003, 3458 )
1. A member of the Board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
3. Compensation and expenses of the members and employees of the
Board are payable out of the money derived from fees and penalties paid
or transmitted to the Board pursuant to the provisions of this chapter,
and no part thereof may be paid out of the State Treasury.
(Added to NRS by 1973, 488; A 1975, 306; 1981, 1994; 1989, 1703)
LICENSING; FEES
Each person desiring a license
must apply to the Board upon a form, and in a manner, prescribed by the
Board. The application must be accompanied by the application fee
prescribed by the Board and all information required to complete the
application.
(Added to NRS by 1973, 488; A 1987, 2126; 1997, 2154; 2005, 2757
, 2807 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a marriage and
family therapist shall include the social security number of the
applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license as a
marriage and family therapist shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a marriage and family therapist may not be issued
or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2154; A 2005, 2758 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license as a
marriage and family therapist shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a marriage and family therapist may not be issued
or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2154; A 2005, 2758 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
Each applicant must
furnish evidence satisfactory to the Board that he:
1. Is at least 21 years of age;
2. Is of good moral character;
3. Is a citizen of the United States, or is lawfully entitled to
remain and work in the United States;
4. Has completed his residency training in psychiatry from an
accredited institution approved by the Board, has a graduate degree in
marriage and family therapy, psychology or social work from an accredited
institution approved by the Board or has completed other education and
training which is deemed equivalent by the Board;
5. Has at least 1 year of postgraduate experience in marriage and
family therapy deemed satisfactory to the Board; and
6. Holds an undergraduate degree from an accredited institution
approved by the Board.
(Added to NRS by 1973, 488; A 1977, 1567; 1987, 2126; 1989, 1570)
1. Except as otherwise provided in subsection 2, each qualified
applicant for a license must be given a written examination by the Board
on his knowledge of marriage and family therapy. Examinations must be
given at a time and place and under such supervision as the Board may
determine. A grade of 70 percent is a passing grade.
2. The Board shall accept receipt of a passing grade by a
qualified applicant on the national examination sponsored by the American
Association for Marriage and Family Therapy in lieu of requiring a
written examination pursuant to subsection 1.
3. In addition to the requirements of subsections 1 and 2, the
Board may require an oral examination. The Board may examine in whatever
applied or theoretical fields it deems appropriate.
(Added to NRS by 1973, 488; A 1987, 2126; 1989, 1203; 1991, 379)
1. The Board shall issue a license to an applicant who meets the
requirements imposed pursuant to this chapter.
2. A license expires on January 1 of each year.
3. The Board may prorate the fee for a license which expires less
than 6 months after the date of issuance.
(Added to NRS by 1987, 2123; A 1989, 1570)
1. To renew a license issued pursuant to this chapter, each person
must, on or before the date of expiration of the current license:
(a) Apply to the Board for renewal;
(b) Pay the fee for renewal set by the Board;
(c) Submit evidence to the Board of his completion of the
requirements for continuing education; and
(d) Submit all information required to complete the renewal.
2. The Board shall, as a prerequisite for the renewal of a
license, require each holder to comply with the requirements for
continuing education adopted by the Board.
(Added to NRS by 1973, 489, 490; A 1985, 548; 1987, 2127; 1997,
2155; 2005, 2759 , 2807 )
The
Board may waive all or part of the requirement of continuing education in
a particular year if the marriage and family therapist was prevented from
fulfilling the requirement by circumstances beyond his control.
(Added to NRS by 1989, 1202)
Failure to pay the fee for
renewal automatically effects a revocation of the license on the date of
expiration of the license. The license may not be reinstated except upon:
1. Written application;
2. Submission of evidence of the completion of the required
continuing education for the period the license was revoked; and
3. The payment of the fee for renewal and the fee for
reinstatement required by this chapter.
(Added to NRS by 1973, 490; A 1987, 2127; 1989, 1570)
After a
license has lapsed continuously for 5 years, a person applying for
reinstatement of a license must reapply under the laws and regulations in
effect at the time of application.
(Added to NRS by 1973, 490; A 1987, 2127)
1. Upon written request to the Board and payment of the fee
prescribed by the Board, a licensee in good standing may have his name
and license transferred to an inactive list for a period not to exceed 3
continuous years. A licensee shall not practice marriage and family
therapy during the time his license is inactive. If an inactive licensee
desires to resume the practice of marriage and family therapy, the Board
must reactivate the license upon the:
(a) Completion of an application for reactivation;
(b) Payment of the fee for renewal of the license; and
(c) Demonstration, if deemed necessary by the Board, that the
licensee is then qualified and competent to practice.
Ê Except as otherwise provided in subsection 2, the licensee is not
required to pay the delinquency fee or the renewal fee for any year while
the license was inactive.
2. Any license that remains inactive for a period which exceeds 3
continuous years is deemed:
(a) To effect a revocation for the purposes of NRS 641A.270 .
(b) To have lapsed at the beginning of that period for the purposes
of NRS 641A.280 .
3. The Board may adopt such regulations as it deems necessary to
carry out the provisions of this section, including without limitation,
regulations governing the renewal of inactive licenses and any
requirement of continuing education for inactive licensees.
(Added to NRS by 1989, 1201)
The Board shall charge and collect not more
than the following fees, respectively:
For application for a
license....................................................................
............... $75
For examination of an applicant for a
license....................................................... 200
For issuance of a
license....................................................................
...................... 50
For annual renewal of a
license....................................................................
.......... 150
For reinstatement of a license revoked for nonpayment of the fee for
renewal 100
For an inactive
license....................................................................
......................... 150
(Added to NRS by 1973, 490; A 1985, 651; 1987, 2127; 1989, 1202)
All money coming
into possession of the Board must be kept or deposited by the
Secretary-Treasurer in banks, credit unions or savings and loan
associations in the State of Nevada to be expended for payment of
compensation and expenses of Board members and for other necessary or
proper purposes in the administration of this chapter.
(Added to NRS by 1973, 490; A 1999, 1536 )
DISCIPLINARY ACTION
The Board may refuse to grant a license or may suspend or
revoke a license for any of the following reasons:
1. Conviction of a felony relating to the practice of marriage and
family therapy or of any offense involving moral turpitude, the record of
conviction being conclusive evidence thereof.
2. Habitual drunkenness or addiction to the use of a controlled
substance.
3. Impersonating a licensed marriage and family therapist or
allowing another person to use his license.
4. Using fraud or deception in applying for a license or in
passing the examination provided for in this chapter.
5. Rendering or offering to render services outside the area of
his training, experience or competence.
6. Committing unethical practices contrary to the interest of the
public as determined by the Board.
7. Unprofessional conduct as determined by the Board.
8. Negligence, fraud or deception in connection with services he
is licensed to provide pursuant to this chapter.
(Added to NRS by 1973, 489; A 1987, 1571, 2127; 2003, 2716 )
[Expires by limitation 2 years after the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
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 who is the holder of a
license as a marriage and family therapist, the Board shall deem the
license issued to that person 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 holder of the license by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Board shall reinstate a license as a marriage and family
therapist 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 whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2154; A 2005, 2807 )
1. If the Board or any investigative committee of the Board has
reason to believe that the conduct of any marriage and family therapist
has raised a reasonable question as to his competence to practice therapy
with reasonable skill and safety, it may order the marriage and family
therapist to undergo:
(a) A mental or physical examination administered by an
appropriately licensed provider of health care;
(b) An examination testing his competence to practice therapy; or
(c) Any other examination designated by the Board,
Ê to assist the Board or committee in determining the fitness of the
marriage and family therapist to practice therapy.
2. For the purposes of this section:
(a) Every therapist who applies for a license or who is licensed
pursuant to this chapter is deemed to have given his consent to submit to
any examination ordered pursuant to subsection 1 when ordered to do so in
writing by the Board.
(b) The testimony and reports of the examining provider of health
care are not privileged communications.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a therapist licensed pursuant to this chapter to
submit to an examination when ordered to do so as provided in this
section constitutes an admission of the charges against him.
4. The Board may require the marriage and family therapist to pay
the cost of the examination.
(Added to NRS by 1989, 1201)
1. The Board may discipline the holder of any license whose
default has been entered or who has been heard by the Board and found
guilty, by any of the following methods:
(a) Placing him upon probation for a period to be determined by the
Board.
(b) Suspending his license for not more than 1 year.
(c) Revoking his license.
(d) Administering a public reprimand.
(e) Limiting his practice.
(f) Imposing an administrative fine of not more than $5,000.
(g) Requiring him to complete successfully another examination.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1973, 489; A 1987, 2128; 1999, 79 ; 2003, 3459 )
1. A complaint may be made against a licensee by an agency or
inspector employed by the Board, any other licensee or any aggrieved
person, charging one or more of the causes for which the license may be
revoked or suspended with such particularity as to enable the defendant
to prepare a defense thereto.
2. A complaint must be made in writing and signed and verified by
the person making it. The original complaint and two copies must be filed
with the Secretary-Treasurer.
(Added to NRS by 1973, 489; A 1987, 2128)
As soon as practicable after the
filing of a complaint, the Board shall fix a date for the hearing on the
matter, which date must not be less than 30 days after the filing of the
complaint. The Secretary-Treasurer shall immediately notify the licensee
of the complaint and the date and place fixed for the hearing thereof. A
copy of the complaint must be attached to the notice.
(Added to NRS by 1973, 489; A 1987, 2128)
Upon conclusion of the hearing or
as soon as practicable thereafter, the Board shall make and announce its
decision.
(Added to NRS by 1973, 490)
If the Board
revokes or suspends a license for a fixed time, the licensee may apply
for a rehearing within 10 days after the date of the suspension or
revocation and the Board may grant the application upon the terms and
conditions it deems appropriate within 30 days after the application.
(Added to NRS by 1973, 490; A 1987, 2128)
One year
after the date of a revocation of a license, application may be made to
the Board for reinstatement. The Board has complete discretion to accept
or reject an application for reinstatement and may require examination
for reinstatement.
(Added to NRS by 1973, 490; A 1987, 2129)
UNLAWFUL ACTS; PENALTIES
1. It is unlawful for any person to engage in the practice of
marriage and family therapy unless he is licensed under the provisions of
this chapter.
2. The provisions of this chapter do not:
(a) Prevent any licensed physician, licensed nurse, licensed
psychologist, certified alcohol or drug abuse counselor or other person
licensed or certified by the State from carrying out the functions
permitted by his respective license or certification if the person does
not hold himself out to the public by any title and description of
service likely to cause confusion with the titles and descriptions of
service set forth in this chapter.
(b) Apply to any activity or service of a student who is obtaining
a professional education as recognized by the Board if the activity or
service constitutes a part of the student’s supervised course of study,
the activities are supervised by a licensee under this chapter and the
student is designated by the title “intern in marriage and family
therapy” or any other title which clearly indicates his status as a
student.
(c) Apply to any activity or service of an intern while he is
obtaining the experience required for licensing as a marriage and family
therapist.
(d) Apply to a licensed or ordained minister in good standing with
his denomination whose duty is primarily to serve his congregation and
whose practice of marriage and family therapy is incidental to his other
duties if he does not hold himself out to the public by any title or
description of service that is likely to cause confusion with the titles
and descriptions or services set forth in this chapter.
(Added to NRS by 1973, 490; A 1987, 2129; 1989, 1548, 1570)
It is
unlawful for any person, other than a person licensed under this chapter,
to employ or use the term “marriage and family counselor,” “marriage and
family therapist,” “marital adviser,” “marital therapist,” or “marital
consultant,” or any similar title in connection with his work, or in any
way imply that he is licensed by the Board, unless he is licensed under
this chapter.
(Added to NRS by 1973, 491; A 1987, 2130)
Any person who violates any of the
provisions of this chapter or, having had his license suspended or
revoked, continues to represent himself as a marriage and family
therapist shall be punished by imprisonment in the county jail for not
more than 1 year or by a fine of not more than $5,000, or by both fine
and imprisonment. Each violation is a separate offense.
(Added to NRS by 1973, 491; A 1987, 2130)
A violation of this chapter by a
person unlawfully representing himself as a marriage and family therapist
may be enjoined by a district court on petition by the Board. In any such
proceeding it is not necessary to show that any person is individually
injured. If the respondent is found guilty of misrepresenting himself as
a marriage and family therapist, the court shall enjoin him from making
such a representation until he has been licensed. Procedure in such cases
is the same as in any other application for an injunction. The remedy by
injunction is in addition to criminal prosecution and punishment.
(Added to NRS by 1973, 491; A 1987, 2130)
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