USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 641 - PSYCHOLOGISTS
The practice of psychology
is hereby declared to be a learned profession, affecting public safety,
health and welfare and subject to regulation to protect the public from
the practice of psychology by unqualified persons and from unprofessional
conduct by persons licensed to practice psychology.
(Added to NRS by 1963, 187; A 1989, 1539)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 641.021
to 641.027 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1963, 187; A 1973, 787; 1985, 535, 1911; 1989,
1540; 1995, 2492)
“Board” means the Board of
Psychological Examiners.
(Added to NRS by 1985, 1905)
“Community” means the entire
area customarily served by psychologists among whom a patient may
reasonably choose, not merely the particular area inhabited by the
patients of an individual psychologist or the particular city or place
where he has his office.
(Added to NRS by 1985, 1905)
“Gross malpractice”
means malpractice where the failure to exercise the requisite degree of
care, diligence or skill consists of:
1. Practicing psychology or psychotherapy with a patient while the
psychologist is under the influence of an alcoholic beverage as defined
in NRS 202.015 or any controlled
substance;
2. Gross negligence;
3. Willful disregard of established methods and procedures in the
practice of psychology; or
4. Willful and consistent use of methods and procedures considered
by psychologists in the community to be inappropriate or unnecessary in
the cases where used.
(Added to NRS by 1985, 1905; A 1987, 483, 1570, 1576)
“Malpractice” means failure on
the part of a psychologist to exercise the degree of care, diligence and
skill ordinarily exercised by psychologists in good standing in the
community.
(Added to NRS by 1985, 1905)
“Patient” means a person who
consults or is examined or interviewed by a psychologist for purposes of
diagnosis or treatment.
(Added to NRS by 1995, 2492)
“Practice of
psychology” means the observation, description, evaluation,
interpretation or modification of human behavior by the application of
psychological principles, methods or procedures to prevent or eliminate
problematic, unhealthy or undesired behavior and to enhance personal
relationships and behavioral and mental health. The term includes,
without limitation, such specialized areas of competence as:
1. Psychological testing and the evaluation of personal
characteristics, including, without limitation, intelligence,
personality, abilities, interests, aptitudes and neuropsychological
functioning;
2. Counseling;
3. Psychoanalysis;
4. Psychotherapy;
5. Hypnosis;
6. Biofeedback;
7. Analysis and therapy relating to behavior;
8. Diagnosis and treatment of mental or emotional disorders,
alcoholism and substance abuse, including, without limitation, disorders
of habit or conduct;
9. Psychological aspects of physical injury, illness, accident or
disability; and
10. Evaluation, therapy, remediation and consultation relating to
the academic performance of the patient.
(Added to NRS by 1985, 1906; A 1995, 2493; 1999, 204 )
“Professional
incompetence” means lack of ability to practice psychology safely and
skillfully arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental ability; or
3. Dependence upon an alcoholic beverage as defined in NRS 202.015
or any controlled substance.
(Added to NRS by 1985, 1906; A 1987, 483, 1570, 1577)
“Psychologist” means a person
who:
1. Is a graduate of an academic program approved by the Board and
is qualified to practice psychology by reason of education, practical
training and experience determined by the Board to be satisfactory; and
2. Has received from the Board a license to practice psychology.
(Added to NRS by 1985, 1906; A 1989, 1540)
The provisions of this
chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a marriage and family therapist
pursuant to chapter 641A of NRS;
4. A person who is licensed to engage in social work pursuant to
chapter 641B of NRS;
5. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to NRS 640A.010 to 640A.230 , inclusive;
6. A person who is licensed or certified as an alcohol and drug
abuse counselor or certified as an alcohol and drug abuse counselor
intern, a problem gambling counselor or a problem gambling counselor
intern pursuant to chapter 641C of NRS; or
7. Any clergyman,
Ê if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
(Added to NRS by 1985, 1906; A 1987, 1122, 2123, 2134; 1989, 1540;
1991, 991; 1993, 1890; 1995, 2493; 1999, 1887 , 3060 ; 2003, 1416 )
BOARD OF PSYCHOLOGICAL EXAMINERS
The
Board of Psychological Examiners, consisting of five members appointed by
the Governor, is hereby created.
(Added to NRS by 1963, 188; A 1977, 1258)
After the initial term, the Governor shall appoint each member of the
Board to a term of 4 years. No member of the Board may serve more than
two consecutive terms.
(Added to NRS by 1989, 1539; A 1991, 495)
1. The Governor shall appoint to the Board:
(a) Four members who are licensed psychologists in the State of
Nevada with at least 5 years of experience in the practice of psychology
after being licensed.
(b) One member who is a representative of the general public.
2. A person is not eligible for appointment unless he is:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. The member who is a representative of the general public:
(a) Shall not participate in preparing, conducting or grading any
examination required by the Board.
(b) Must not be a psychologist, an applicant or former applicant
for licensure as a psychologist, a member of a health profession, the
spouse or the parent or child, by blood, marriage or adoption, of a
psychologist, or a member of a household that includes a psychologist.
4. Board members must not have any conflicts of interest or the
appearance of such conflicts in the performance of their duties as
members of the Board.
(Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540; 2003, 1197
)
The Board shall hold a regular
meeting at least once a year. The Board shall hold a special meeting upon
a call of the President or upon the request of a majority of the members.
A majority of the Board constitutes a quorum.
(Added to NRS by 1963, 188; A 1999, 204 )
At the regular annual meeting, the Board
shall elect from its membership a 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 1963, 188)
The Board shall procure a seal.
(Added to NRS by 1985, 1906)
1. The Secretary-Treasurer shall make and keep on behalf of the
Board:
(a) A record of all its meetings and proceedings.
(b) A record of all violations and prosecutions under the
provisions of this chapter.
(c) A record of all examinations of applicants.
(d) A register of all licenses.
(e) A register of all holders of licenses.
(f) An inventory of the property of the Board and of the State in
the Board’s possession.
2. These records must be kept in the office of the Board and,
except as otherwise provided in this section, are subject to public
inspection during normal working hours upon reasonable notice.
3. The Board may keep the personnel records of applicants
confidential.
4. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
5. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
6. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1963, 188; A 1979, 1352; 1989, 1540; 2003, 3457
; 2005, 787 )
The Board may make and
promulgate rules and regulations not inconsistent with the provisions of
this chapter governing its procedure, the examination and licensure of
applicants, the granting, refusal, revocation or suspension of licenses,
and the practice of psychology.
(Added to NRS by 1963, 189; A 1989, 1541)
The Board may, under the provisions
of this chapter:
1. Examine and pass upon the qualifications of the applicants for
licensure.
2. License qualified applicants.
3. Revoke or suspend licenses.
4. Collect all fees and make disbursements pursuant to this
chapter.
(Added to NRS by 1963, 189; A 1989, 1541)
1. A licensed psychologist shall limit his practice of psychology
to his areas of competence, as documented by education, training and
experience.
2. The Board shall ensure, by adopting regulations and enforcing
the provisions of this chapter, that licensees limit their practice of
psychology to their areas of competence.
(Added to NRS by 1989, 1539; A 1995, 2494)
1. A firm, partnership or corporation which engages in or offers
to engage in the practice of psychology shall register with the Board.
2. The Board shall adopt regulations which prescribe the
requirements for such registration.
3. Any firm, partnership or corporation which violates the
provisions of subsection 1 is guilty of a gross misdemeanor.
(Added to NRS by 1995, 2492)
1. The Board may:
(a) Maintain offices in as many localities in the State as it
considers necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators, consultants, hearings officers
and employees necessary to the discharge of its duties.
2. Any expense incurred by the Board may not be paid out of the
State General Fund.
(Added to NRS by 1985, 1906)
In a
manner consistent with the provisions of chapter 622A of NRS, the Board may hold hearings and conduct
investigations related to its duties under this chapter and take evidence
on any matter under inquiry before it.
(Added to NRS by 1985, 1908; A 2005, 787 )
A member of the Board or an employee
or agent of the Board is not liable in a civil action for any act
performed in good faith and within the scope of the duties of the Board
pursuant to the provisions of this chapter.
(Added to NRS by 1989, 1539)
1. Each 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 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 1963, 189; A 1975, 305; 1981, 1994; 1985, 1911;
1989, 1702)
LICENSING
Each person desiring a license
must make application 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 include all information
required to complete the application.
(Added to NRS by 1963, 191; A 1989, 1541; 1997, 2153; 2005, 2756
, 2807 )
1. Each application must be accompanied by evidence satisfactory
to the Board that the applicant:
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) Is a citizen of the United States, or is lawfully entitled to
remain and work in the United States.
(d) Has earned a doctorate in psychology from an accredited
educational institution approved by the Board, or has other
doctorate-level training from an accredited educational institution
deemed equivalent by the Board in both subject matter and extent of
training.
(e) Has at least 2 years of experience satisfactory to the Board, 1
year of which must be postdoctoral experience in accordance with the
requirements established by regulations of the Board.
2. Within 120 days after receiving an application and the
accompanying evidence from an applicant, the Board shall:
(a) Evaluate the application and accompanying evidence and
determine whether the applicant is qualified pursuant to this section for
licensure as a psychologist; and
(b) Issue a written statement to the applicant of its determination.
3. The written statement issued to the applicant pursuant to
subsection 2 must include:
(a) If the Board determines that the qualifications of the
applicant are insufficient for licensure, a detailed explanation of the
reasons for that determination.
(b) If the applicant has not earned a doctorate in psychology from
an accredited educational institution approved by the Board and the Board
determines that his doctorate-level training from an accredited
educational institution is not equivalent in subject matter and extent of
training, a detailed explanation of the reasons for that determination.
(Added to NRS by 1963, 191; A 1971, 221; 1977, 1567; 1987, 2081;
1989, 1541; 1995, 2494)
[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 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 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 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, 2152; A 2005, 2756 , 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 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 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, 2152; A 2005, 2756 , 2757 , 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)
1. Except as otherwise provided in this section and NRS 641.190
, each applicant for a license must pass
the Examination for the Professional Practice of Psychology in the form
administered by the Association of State and Provincial Psychology Boards
and approved for use in this State by the Board. In addition to this
written examination, the Board may require an oral examination in
whatever applied or theoretical fields it deems appropriate.
2. The examination must be given at least once a year, and may be
given more often if deemed necessary by the Board. The examination must
be given at a time and place, and under such supervision, as the Board
may determine.
3. The Board shall notify each applicant of the results of his
written examination and supply him with a copy of all material
information about those results provided to the Board by the Association
of State and Provincial Psychology Boards.
4. If an applicant fails the examination, he may request in
writing that the Board review his examination.
5. The Board may waive the requirement of a written examination
for a person who:
(a) Is licensed in another state;
(b) Has 10 years experience; and
(c) Is a diplomate in the American Board of Professional Psychology
or a fellow in the American Psychological Association, or who has other
equivalent status as determined by the Board.
(Added to NRS by 1963, 191; A 1979, 1352; 1987, 2081; 1989, 1541;
1995, 2494; 1999, 205 )
The Board may:
1. Grant a license without any examination to any person certified
or licensed by a board of psychological examiners of another state if the
Board determines that the requirements in that state are at least
equivalent to the requirements of this chapter.
2. Authorize a psychologist licensed or certified pursuant to the
laws of another state to practice psychology for 1 year or less if the
psychologist has:
(a) Made application to the Board for licensure;
(b) Met the requirements of education and experience for licensure
in this State; and
(c) Not been disciplined in another state in connection with his
license to practice psychology or has not committed any act in another
state which is a violation of this chapter.
(Added to NRS by 1963, 191; A 1989, 1542; 1995, 2495)
1. To renew a license issued pursuant to this chapter, each person
must, on or before the first day of January of each odd-numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license;
(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. Upon renewing his license, the holder of the license shall
declare his areas of competence, as determined in accordance with NRS
641.112 .
3. 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 1963, 192; A 1985, 548, 1911; 1989, 1542; 1995,
2495; 1997, 2153; 2005, 2757 , 2807 )
1. Except as otherwise provided in subsection 2, a psychologist
may practice only under the name that appears on the license to practice
psychology issued to him by the Board.
2. A psychologist may associate himself with a firm, partnership
or corporation which engages in or offers to engage in the practice of
psychology if:
(a) The firm, partnership or corporation is registered with the
Board; and
(b) The name and license of each psychologist associated with the
firm, partnership or corporation is displayed conspicuously at the place
where he practices psychology.
(Added to NRS by 1995, 2492)
DENIAL, SUSPENSION AND REVOCATION OF LICENSES
The Board may
suspend the license of a psychologist, place a psychologist on probation,
revoke the license of a psychologist, require remediation for a
psychologist or take any other action specified by regulation if the
Board finds by substantial evidence that the psychologist has:
1. Been convicted of a felony relating to the practice of
psychology.
2. Been convicted of any crime or offense that reflects the
inability of the psychologist to practice psychology with due regard for
the health and safety of others.
3. Been convicted of violating any of the provisions of NRS
616D.200 , 616D.220 , 616D.240 or 616D.300 to 616D.440 , inclusive.
4. Engaged in gross malpractice or repeated malpractice or gross
negligence in the practice of psychology.
5. Aided or abetted the practice of psychology by a person not
licensed by the Board.
6. Made any fraudulent or untrue statement to the Board.
7. Violated a regulation adopted by the Board.
8. Had his license to practice psychology suspended or revoked or
has had any other disciplinary action taken against him by another state
or territory of the United States, the District of Columbia or a foreign
country, if at least one of the grounds for discipline is the same or
substantially equivalent to any ground contained in this chapter.
9. Failed to report to the Board within 30 days the revocation,
suspension or surrender of, or any other disciplinary action taken
against, a license or certificate to practice psychology issued to him by
another state or territory of the United States, the District of Columbia
or a foreign country.
10. Violated or attempted to violate, directly or indirectly, or
assisted in or abetted the violation of or conspired to violate a
provision of this chapter.
11. Performed or attempted to perform any professional service
while impaired by alcohol, drugs or by a mental or physical illness,
disorder or disease.
12. Engaged in sexual activity with a patient.
13. Been convicted of abuse or fraud in connection with any state
or federal program which provides medical assistance.
14. Been convicted of submitting a false claim for payment to the
insurer of a patient.
(Added to NRS by 1963, 192; A 1985, 1912; 1987, 1570; 1989, 1542;
1993, 795; 1995, 2495; 1999, 205 ; 2003, 2715 ; 2005, 787 )
1. If the Board, a panel of its members or a hearing officer
appointed by the Board finds a person guilty in a disciplinary
proceeding, it may:
(a) Administer a public reprimand.
(b) Limit his practice.
(c) Suspend his license for a period of not more than 1 year.
(d) Revoke his license.
(e) Impose a fine of not more than $5,000.
(f) Revoke or suspend his license and impose a monetary penalty.
(g) Suspend the enforcement of any penalty by placing him on
probation. The Board may revoke the probation if the person does not
follow any conditions imposed.
(h) Require the person to submit to the supervision of or
counseling or treatment by a person designated by the Board. The person
named in the complaint is responsible for any expense incurred.
(i) Impose and modify any conditions of probation for the
protection of the public or the rehabilitation of the probationer.
(j) Require the person to pay for the costs of remediation or
restitution.
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 1963, 192; A 1985, 1913; 1989, 1543; 2003, 3457
; 2005, 788 )
[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 issued pursuant to this chapter, 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 issued pursuant to this
chapter 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, 2153; A 2005, 2807 )
Except as
otherwise provided in chapter 622A of NRS:
1. Service of process made under this chapter must be either upon
the person or by registered or certified mail with return receipt
requested, addressed to the psychologist at his last known address, as
indicated on the records of the Board, if possible. If personal service
cannot be made and if notice by mail is returned undelivered, the Board
shall cause notice of hearing to be published once a week for 4
consecutive weeks in a newspaper published in the county of the
psychologist’s last known address or, if no newspaper is published in
that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under
this chapter must be filed with the Board and must be recorded in the
minutes of the Board.
(Added to NRS by 1985, 1909; A 2005, 789 )
1. The Board, any member thereof, a panel of its members or a
hearing officer may issue subpoenas to compel the attendance of witnesses
and the production of books, papers, documents, the records of patients,
and any other article related to the practice of psychology.
2. If any witness refuses to attend or testify or produce any
article as required by the subpoena, the Board may file a petition with
the district court stating that:
(a) Due notice has been given for the time and place of attendance
of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to attend or produce the
articles required by the subpoena or has refused to answer questions
propounded to him,
Ê and asking for an order of the court compelling the witness to attend
and testify before the Board, a panel of its members or a hearing
officer, or produce the articles as required by the subpoena.
3. Upon such a petition, the court shall enter an order directing
the witness to appear before the court at a time and place to be fixed by
the court in its order, the time to be not more than 10 days after the
date of the order, and then and there show cause why he has not attended
or testified or produced the articles. A certified copy of the order must
be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued, the court shall enter an order that the witness appear before the
Board, a panel of its members or a hearing officer at the time and place
fixed in the order and testify or produce the required articles, and upon
failure to obey the order the witness must be dealt with as for contempt
of court.
(Added to NRS by 1985, 1910)
The Board or any of its members,
any review panel of a hospital or an association of psychologists which
becomes aware that any one or combination of the grounds for initiating
disciplinary action may exist as to a person practicing psychology in
this State shall, and any other person who is so aware may, file a
written complaint specifying the relevant facts with the Board.
(Added to NRS by 1963, 192; A 1985, 1913)
Repealed. (See chapter 225, Statutes of Nevada 2005, at
page 807 .)
When a complaint is
filed with the Board, it shall review the complaint. If, from the
complaint or from other official records, it appears that the complaint
is not frivolous, the Board shall transmit the original complaint, along
with further facts or information derived from the review, to the
Attorney General.
(Added to NRS by 1963, 192; A 1985, 1913)
1. The Attorney General shall conduct an investigation of each
complaint transmitted to him by the Board to determine whether it
warrants proceedings for the modification, suspension or revocation of
the certificate. If he determines that further proceedings are warranted,
he shall report the results of his investigation together with his
recommendation to the Board in a manner which does not violate the right
of the person charged in the complaint to due process in any later
hearing on the complaint.
2. The Board shall promptly make a determination with respect to
each complaint reported to it by the Attorney General. The Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
(Added to NRS by 1985, 1907)
1. Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in
a complaint to submit to a mental examination conducted by a panel of
three psychologists designated by the Board or a physical examination
conducted by a physician designated by the Board.
2. Every psychologist licensed under this chapter who accepts the
privilege of practicing psychology in this State shall be deemed to have
given his consent to submit to a mental or physical examination when
directed to do so in writing by the Board. The testimony or reports of
the examining psychologists or physician are privileged communications,
except as to proceedings conducted pursuant to this chapter.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a psychologist to submit to an examination as
provided in this section constitutes grounds for the immediate suspension
of his license.
(Added to NRS by 1985, 1907; A 1989, 1544; 2005, 789 )
Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that
the conduct of any psychologist has raised a reasonable question as to
his competence to practice psychology with reasonable skill and safety to
patients, the Board may require him to take a written or oral examination
to determine whether he is competent to practice psychology. If an
examination is required, the reasons therefor must be documented and made
available to the psychologist being examined.
(Added to NRS by 1985, 1908; A 2005, 789 )
Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a
hearing officer issues an order suspending the license of a psychologist
pending proceedings for disciplinary action and requires the psychologist
to submit to a mental or physical examination or an examination of his
competency to practice psychology, the examination must be conducted and
the results obtained within 60 days after the Board, panel of its members
or hearing officer issues the order.
(Added to NRS by 1985, 1908; A 1989, 1544; 2005, 789 )
Repealed.
(See chapter 225, Statutes of Nevada 2005, at page 807 .)
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807
.)
Notwithstanding the
provisions of chapter 622A of NRS, if the
Board receives a report pursuant to subsection 5 of NRS 228.420 , a disciplinary proceeding regarding the
report must be commenced within 30 days after the Board receives the
report.
(Added to NRS by 1985, 1909; A 1989, 1544; 1993, 796; 2005, 790
)
Repealed. (See chapter 225, Statutes of Nevada
2005, at page 807 .)
Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the
Board, a panel of its members or a hearing officer:
1. Proof of actual injury need not be established where the
complaint charges deceptive or unethical professional conduct or practice
of psychology harmful to the public.
2. A certified copy of the record of a court or a licensing agency
showing a conviction or the suspension or revocation of a license to
practice psychology is conclusive evidence of its occurrence.
3. The entering of a plea of nolo contendere in a court of
competent jurisdiction shall be deemed a conviction of the offense
charged.
(Added to NRS by 1985, 1909; A 2005, 790 )
Repealed. (See
chapter 225, Statutes of Nevada 2005, at page 807 .)
Repealed.
(See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. Any person who has been placed on probation or whose license
has been limited, suspended or revoked is entitled to judicial review of
the order.
2. Every order which limits the practice of psychology or suspends
or revokes a license is effective from the date the Board certifies the
order until the date the order is modified or reversed by a final
judgment of the court.
3. The district court shall give a petition for judicial review of
the order priority over other civil matters which are not expressly given
priority by law.
(Added to NRS by 1985, 1909; A 1989, 1545, 1659)
Notwithstanding the provisions of
chapter 622A of NRS:
1. Pending disciplinary proceedings before the Board, a panel of
its members or a hearing officer, the court may, upon application by the
Board or the Attorney General, issue a temporary restraining order or a
preliminary injunction to enjoin any unprofessional conduct of a
psychologist which is harmful to the public, to limit the psychologist’s
practice or to suspend his license to practice psychology, without proof
of actual damage sustained by any person, this provision being a
preventive as well as a punitive measure.
2. The disciplinary proceedings before the Board, a panel of its
members or a hearing officer must be instituted and determined as
promptly as the requirements for investigation of the case reasonably
allow.
(Added to NRS by 1985, 1908; A 1989, 1545; 2005, 790 )
1. The Board through its President or Secretary-Treasurer or the
Attorney General may maintain in any court of competent jurisdiction a
suit for an injunction against any person practicing psychology without a
license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve any person from criminal prosecution for
practicing without a license.
(Added to NRS by 1985, 1911; A 1989, 1546)
In
addition to any other immunity provided by the provisions of chapter 622A
of NRS, the Board, a review panel of a
hospital, an association of psychologists or any other person who or
organization which initiates a complaint or assists in any lawful
investigation or proceeding concerning the licensing of a psychologist or
the discipline of a psychologist for gross malpractice, repeated
malpractice, professional incompetence or unprofessional conduct is
immune from any civil action for that initiation or assistance or any
consequential damages, if the person or organization acted without
malicious intent.
(Added to NRS by 1985, 1910; A 1989, 1546; 2005, 790 )
1. Any person:
(a) Whose practice of psychology has been limited;
(b) Whose license has been revoked; or
(c) Who has been placed on probation,
Ê by an order of the Board, a panel of its members or a hearing officer
may apply to the Board after 1 year for removal of the limitation or
termination of the probation or may apply to the Board pursuant to the
provisions of chapter 622A of NRS for
reinstatement of his revoked license.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical
examination conducted by psychologists or by physicians whom it
designates and submit such other evidence of changed conditions and of
fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time of
the application is reasonable.
(c) May deny the application or modify or rescind its order as it
considers the evidence and the public safety warrants.
(Added to NRS by 1963, 193; A 1985, 1914; 1989, 1546; 2005, 791
)
FEES AND REVENUE
1. The license of any person who fails to pay the biennial fee for
the renewal of a license within 60 days after the date when it is due is
automatically suspended. The Board may, within 2 years after the date the
license is so suspended, reinstate the license upon payment to the Board
of the amount of the then current biennial fee for the renewal of a
license and the amount of the fee for the restoration of a license so
suspended. If the license is not reinstated within 2 years, the Board may
reinstate the license only if it also determines that the holder of the
license is competent to practice psychology.
2. A notice must be sent to any person who fails to pay the
biennial fee, informing him that his license is suspended.
(Added to NRS by 1963, 193; A 1985, 1915; 1989, 1547; 1995, 2496)
1. The Board shall charge and collect not more than the following
fees respectively:
For the written examination, in addition to the actual cost to the Board
of the examination $100
For the special oral examination, in addition to the actual costs to the
Board of the examination 100
For the issuance of an initial
license....................................................................
.. 25
For the biennial renewal of a
license....................................................................
. 500
For the restoration of a license suspended for the nonpayment of the
biennial fee for the renewal of a license 100
For the registration of a firm, partnership or corporation which engages
in or offers to engage in the practice of
psychology.................................................................
............................................................. 300
For the registration of a nonresident to practice as a
consultant..................... 100
2. An applicant who passes the examination and is eligible for a
license shall pay the biennial fee for the renewal of a license which
must be prorated for the period from the date the license is issued to
the end of the biennium.
3. In addition to the fees set forth in subsection 1, the Board
may charge and collect a fee for any other service it provides. The fee
must not exceed the cost to provide the service.
(Added to NRS by 1963, 193; A 1979, 1352; 1985, 1915; 1989, 1547;
1995, 2496)
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 1963, 194; A 1999, 1536 )
SCOPE OF REGULATION
1. A person shall not represent himself as a psychologist within
the meaning of this chapter or engage in the practice of psychology
unless he is licensed under the provisions of this chapter, except that
any psychological scientist employed by an accredited educational
institution or public agency which has set explicit standards may
represent himself by the title conferred upon him by such institution or
agency.
2. This section does not grant approval for any person to offer
his services as a psychologist to any other person as a consultant, and
to accept remuneration for such psychological services, other than that
of his institutional salary, unless he has been licensed under the
provisions of this chapter.
3. This chapter does not prevent the teaching of psychology or
psychological research, unless the teaching or research involves the
delivery or supervision of direct psychological services to a person.
Persons who have earned a doctoral degree in psychology from an
accredited educational institution may use the title “psychologist” in
conjunction with the activities permitted by this subsection.
4. A graduate student in psychology whose activities are part of
the course of study for a graduate degree in psychology at an accredited
educational institution or a person pursuing postdoctoral training or
experience in psychology to fulfill the requirements for licensure under
the provisions of this chapter may use the terms “psychological trainee,”
“psychological intern,” “psychological resident” or “psychological
assistant” if the activities are performed under the supervision of a
licensed psychologist in accordance with the regulations adopted by the
Board.
5. A person who is certified as a school psychologist by the State
Board of Education may use the title “school psychologist” or “certified
school psychologist” in connection with activities relating to school
psychologists.
(Added to NRS by 1963, 189; A 1973, 787; 1989, 1547)
A
psychologist, not a resident of Nevada and not licensed in Nevada, who is
certified or licensed in another state whose requirements for
certification or licensure are equivalent to the requirements of this
chapter is not subject to the provisions of this chapter if he does not
practice psychology in the State of Nevada for over 30 days in any 1
calendar year, and if he is invited as a consultant by a psychologist
licensed in Nevada.
(Added to NRS by 1963, 190; A 1989, 1548)
UNLAWFUL ACTS
Any person who:
1. Presents as his own the diploma, license or credentials of
another;
2. Gives either false or forged evidence of any kind to the Board
or any member thereof, in connection with an application for a license;
3. Practices psychology under a false or assumed name or falsely
personates another psychologist of a like or different name;
4. Except as provided in NRS 641.390 , 641.410 and
641A.410 , represents himself as a
psychologist, or uses any title or description which incorporates the
word “psychology,” “psychological,” “psychologist,” “psychometry,”
“psychometrics,” “psychometrist” or any other term indicating or implying
that he is a psychologist, unless he has been issued a license; or
5. Practices psychology unless he has been issued a license,
Ê is guilty of a gross misdemeanor.
(Added to NRS by 1963, 194; A 1967, 643; 1973, 789; 1985, 1916;
1989, 1548)
