USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 641C - ALCOHOL, DRUG AND GAMBLING COUNSELORS AND DETOXIFICATION TECHNICIANS
The practice of counseling
alcohol and drug abusers and the practice of counseling problem gamblers
are hereby declared to be learned professions affecting public health,
safety and welfare and are subject to regulation to protect the public
from the practice of counseling alcohol and drug abusers and the practice
of counseling problem gamblers by unqualified persons and from
unprofessional conduct by persons who are licensed or certified to engage
in the practice of counseling alcohol and drug abusers or certified to
engage in the practice of counseling problem gamblers.
(Added to NRS by 1999, 3050 ; A 2003, 1419 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 641C.030
to 641C.110 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1999, 3049 ; A 2003, 1419 )
“Board” means the Board of
Examiners for Alcohol, Drug and Gambling Counselors.
(Added to NRS by 1999, 3049 ; A 2003, 1419 )
“Certificate” means a
certificate issued to a person who is certified as an alcohol and drug
abuse counselor, an alcohol and drug abuse counselor intern, a problem
gambling counselor or a problem gambling counselor intern.
(Added to NRS by 1999, 3049 ; A 2003, 1419 )
“Certified counselor”
means a person who is certified as an alcohol and drug abuse counselor or
a problem gambling counselor pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3049 ; A 2003, 1419 )
“Certified intern” means
a person who is certified as an alcohol and drug abuse counselor intern
or a problem gambling counselor intern pursuant to the provisions of this
chapter.
(Added to NRS by 1999, 3049 ; A 2003, 1419 )
“Habitual use” means the use
of alcohol and drugs that endangers the health, safety or welfare of the
user or any other person.
(Added to NRS by 1999, 3049 )
“License” means a license issued
to a person who is licensed as an alcohol and drug abuse counselor
pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3049 )
“Licensed counselor”
means a person who is licensed as an alcohol and drug abuse counselor
pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3049 )
“Practice of counseling alcohol and drug abusers” means the
application of counseling to reduce or eliminate the habitual use of
alcohol or other drugs, other than any maintenance dosage of a narcotic
or habit-forming drug administered pursuant to chapter 453 of NRS.
(Added to NRS by 1999, 3049 )
“Practice of counseling problem gamblers” means the application of
counseling to reduce or eliminate problem gambling.
(Added to NRS by 2003, 1417 )
“Problem gambling” means
persistent and recurrent maladaptive behavior relating to gambling that
causes disruptions in any major area of life, including, without
limitation, the psychological, social or vocational areas of life.
(Added to NRS by 2003, 1417 )
The provisions of this chapter do not
apply to:
1. A physician who is licensed pursuant to the provisions of
chapter 630 or 633 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter
632 of NRS and is authorized by the State
Board of Nursing to engage in the practice of counseling alcohol and drug
abusers or the practice of counseling problem gamblers;
3. A psychologist who is licensed pursuant to the provisions of
chapter 641 of NRS;
4. A marriage and family therapist who is licensed pursuant to the
provisions of chapter 641A of NRS and is
authorized by the Board of Examiners for Marriage and Family Therapists
to engage in the practice of counseling alcohol and drug abusers or the
practice of counseling problem gamblers; or
5. A person who is licensed as a clinical social worker pursuant
to the provisions of chapter 641B of NRS
and is authorized by the Board of Examiners for Social Workers to engage
in the practice of counseling alcohol and drug abusers or the practice of
counseling problem gamblers.
(Added to NRS by 1999, 3050 ; A 2003, 1176 , 1419 )
BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS
1. The Board of Examiners for Alcohol, Drug and Gambling
Counselors, consisting of seven members appointed by the Governor, is
hereby created.
2. The Board must consist of:
(a) Three members who are licensed as alcohol and drug abuse
counselors pursuant to the provisions of this chapter.
(b) One member who is certified as an alcohol and drug abuse
counselor pursuant to the provisions of this chapter.
(c) Two members who are licensed pursuant to chapter 630 , 632 , 641 , 641A or 641B of NRS and certified as problem gambling
counselors pursuant to the provisions of this chapter.
(d) One member who is a representative of the general public. This
member must not be:
(1) A licensed or certified alcohol and drug abuse counselor
or problem gambling counselor; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a licensed or certified alcohol and drug abuse counselor or
problem gambling counselor.
3. A person may not be appointed to the Board unless he is:
(a) A citizen of the United States or is lawfully entitled to
remain and work in the United States; and
(b) A resident of this State.
4. No member of the Board may be held liable in a civil action for
any act that he performs in good faith in the execution of his duties
pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3050 ; A 2003, 1198 , 1420 )
1. After the initial terms, the members of the Board must be
appointed to terms of 4 years and may not serve more than two consecutive
terms.
2. Upon the expiration of his term, a member continues to serve on
the Board until a qualified person has been appointed as his successor.
3. The Governor may, after notice and hearing, remove any member
of the Board for misconduct, incompetence, neglect of duty or any other
sufficient cause.
4. The Board shall:
(a) Elect annually from its members a President, Vice President and
Secretary-Treasurer. If the President, Vice President or
Secretary-Treasurer is replaced by another person appointed by the
Governor, the Board shall elect from its members a replacement for the
President, Vice President or Secretary-Treasurer.
(b) Meet not less than twice a year and may meet at other times at
the call of the President or a majority of its members.
(c) Not incur any expenses that exceed the money received from time
to time as fees provided by the provisions of this chapter.
(d) Prepare and maintain a record of its transactions and
proceedings.
(e) Adopt a seal of which each court of this State shall take
judicial notice.
5. A majority of the members of the Board constitutes a quorum to
transact the business of the Board.
(Added to NRS by 1999, 3050 )
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 officers and employees of this State
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 officers and employees of this State generally.
(Added to NRS by 1999, 3051 )
The Board may:
1. Maintain offices in as many locations in this State as it
considers necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other persons necessary to
carry out its duties.
(Added to NRS by 1999, 3051 )
1. Except as otherwise provided in subsection 4, all expenses
incurred by the Board in carrying out the provisions of this chapter must
be paid from the money which it receives. No part of the salaries or
expenses of the Board may be paid out of the State General Fund.
2. All money received by the Board must be deposited in a bank,
credit union or other financial institution in this State and paid out on
its order for its expenses.
3. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect fines and penalties therefor and
deposit the money therefrom in a bank, credit union or other financial
institution in this State.
4. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 3, the Board shall deposit the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund. If money is so deposited, the Board may
present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is needed to pay attorney’s fees or
the costs of an investigation, or both.
(Added to NRS by 1999, 3051 ; A 2001, 91 , 101 ; 2005, 793 )
1. The Board shall adopt such regulations as are necessary to
carry out the provisions of this chapter, including, without limitation,
regulations that prescribe:
(a) The ethical standards for licensed and certified counselors and
certified interns; and
(b) The requirements for continuing education for the renewal,
restoration or reinstatement of a license or certificate.
2. The Board may adopt regulations that prescribe:
(a) The contents of a written examination concerning the practice
of counseling problem gamblers;
(b) The grounds for initiating disciplinary action against a
certified problem gambling counselor or certified problem gambling
counselor intern; and
(c) Disciplinary procedures for certified problem gambling
counselors and certified problem gambling counselor interns, including
the suspension, revocation and reinstatement of a certificate as a
problem gambling counselor or problem gambling counselor intern.
3. Any regulations adopted by the Board pursuant to this section
must be consistent with the provisions of chapter 622A of NRS.
(Added to NRS by 1999, 3058 ; A 2001, 219 ; 2003, 1420 ; 2005, 793 )
The
Secretary-Treasurer of the Board shall prepare and maintain:
1. A separate list of the names and addresses of:
(a) The applicants for a license;
(b) The applicants for a certificate;
(c) The licensed counselors;
(d) The certified counselors; and
(e) The certified interns.
2. A record of each examination conducted by the Board.
3. An inventory of:
(a) The property of the Board; and
(b) The property of this State that is in the possession of the
Board.
(Added to NRS by 1999, 3051 )
The Board
may enter into an interlocal agreement with an Indian tribe to provide to
members of the tribe training in the practice of counseling alcohol and
drug abusers to assist those persons in obtaining licenses and
certificates as alcohol and drug abuse counselors.
(Added to NRS by 2003, 1164 )
LICENSURE AND CERTIFICATION OF COUNSELORS AND COUNSELOR INTERNS
General Provisions
A license or certificate issued pursuant to
the provisions of this chapter is a privilege that may be revoked in
accordance with the disciplinary procedures set forth in this chapter and
in regulations adopted by the Board pursuant thereto, and no holder of
such a license or certificate acquires thereby any vested right.
(Added to NRS by 1999, 3050 )
Each applicant
for a license or certificate must submit to the Board:
1. An application on a form provided by the Board;
2. A complete set of fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
3. The application fee prescribed in NRS 641C.470 .
(Added to NRS by 1999, 3052 ; A 2003, 1164 , 2862 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[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 or certificate shall
include the social security number of the applicant in the application
submitted to the Board.
(b) An applicant for the issuance, renewal, reinstatement or
restoration of a license or certificate 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, renewal, reinstatement or restoration of the license or
certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be issued, renewed, reinstated
or restored 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 notify 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 1999, 3052 ; A 2005, 2761 , 2809 )
[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, renewal, reinstatement or
restoration of a license or certificate 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, renewal, reinstatement or restoration of the license or
certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be issued, renewed, reinstated
or restored 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 notify 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 1999, 3052 ; A 2005, 2761 , 2762 , 2809 , 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. Each applicant for a license or certificate as an alcohol and
drug abuse counselor must pass a written and oral examination concerning
his knowledge of the practice of counseling alcohol and drug abusers, the
applicable provisions of this chapter and any applicable regulations
adopted by the Board pursuant to the provisions of this chapter.
2. Each applicant for a certificate as a problem gambling
counselor must pass a written examination concerning his knowledge of the
practice of counseling problem gamblers, the applicable provisions of
this chapter and any applicable regulations adopted by the Board pursuant
to the provisions of this chapter.
3. The Board shall:
(a) Examine applicants at least two times each year.
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the
examinations.
(d) Establish, by regulation, the requirements for passing the
examination.
4. The Board may employ other persons to conduct the examinations.
(Added to NRS by 1999, 3054 ; A 2003, 1420 )
The Board shall issue a license or
certificate without examination to a person who holds a license or
certificate as an alcohol and drug abuse counselor in another state, a
territory or possession of the United States or the District of Columbia
if the requirements of that jurisdiction at the time the license or
certificate was issued are deemed by the Board to be substantially
equivalent to the requirements set forth in the provisions of this
chapter.
(Added to NRS by 1999, 3055 )
1. The Board may hold hearings and conduct investigations
concerning any matter related to an application for a license or
certificate. In the hearings and investigations, the Board may require
the presentation of evidence.
2. The Board may refuse to issue a license or certificate to an
applicant if the Board determines that the applicant:
(a) Is not of good moral character as it relates to the practice of
counseling alcohol and drug abusers;
(b) Has submitted a false credential to the Board;
(c) Has been disciplined in another state, a possession or
territory of the United States or the District of Columbia in connection
with the practice of counseling alcohol and drug abusers;
(d) Has committed an act in another state, a possession or
territory of the United States or the District of Columbia in connection
with the practice of counseling alcohol and drug abusers that would be a
violation of the provisions of this chapter if the act were committed in
this State; or
(e) Has failed to comply with any of the requirements for a license
or certificate.
(Added to NRS by 1999, 3055 )
1. The Board may issue a provisional license or certificate as an
alcohol and drug abuse counselor to a person who has applied to the Board
to take the examination for a license or certificate as an alcohol and
drug abuse counselor and is otherwise eligible for that license or
certificate pursuant to NRS 641C.350
or 641C.390 .
2. A provisional license or certificate is valid for not more than
1 year and may not be renewed.
(Added to NRS by 1999, 3055 )
License as Alcohol and Drug Abuse Counselor
The Board
shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Has received a master’s degree or a doctoral degree from an
accredited college or university in a field of social science approved by
the Board;
(d) Has completed 4,000 hours of supervised counseling of alcohol
and drug abusers;
(e) Passes the written and oral examinations prescribed by the
Board pursuant to NRS 641C.290 ;
(f) Pays the fees required pursuant to NRS 641C.470 ; and
(g) Submits all information required to complete an application for
a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Is:
(1) Licensed as a clinical social worker pursuant to chapter
641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to
chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a
doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of
alcohol and drug abusers approved by the Board;
(e) Passes the written and oral examinations prescribed by the
Board pursuant to NRS 641C.290 ;
(f) Pays the fees required pursuant to NRS 641C.470 ; and
(g) Submits all information required to complete an application for
a license.
(Added to NRS by 1999, 3053 ; A 2005, 2762 )
1. A license as an alcohol and drug abuse counselor is valid for 2
years and may be renewed.
2. A licensed counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic or abuser of
drugs; and
(c) Supervise certified interns.
(Added to NRS by 1999, 3053 )
Certificate as Alcohol and Drug Abuse Counselor
1. The Board shall issue a certificate as an alcohol and drug
abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Except as otherwise provided in subsection 2, has received a
bachelor’s degree from an accredited college or university in a field of
social science approved by the Board;
(d) Has completed 4,000 hours of supervised counseling of alcohol
and drug abusers;
(e) Passes the written and oral examinations prescribed by the
Board pursuant to NRS 641C.290 ;
(f) Pays the fees required pursuant to NRS 641C.470 ; and
(g) Submits all information required to complete an application for
a certificate.
2. The Board may waive the educational requirement set forth in
paragraph (c) of subsection 1 if an applicant for a certificate has
contracted with or receives a grant from the Federal Government to
provide services as an alcohol and drug abuse counselor to persons who
are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et
seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor
certified pursuant to this section for whom the educational requirement
set forth in paragraph (c) of subsection 1 is waived may provide services
as an alcohol and drug abuse counselor only to those persons who are
authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq.
or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug abuse counselor is valid
for 2 years and may be renewed.
4. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
and
(b) Diagnose or classify a person as an alcoholic or abuser of
drugs.
(Added to NRS by 1999, 3053 ; A 2003, 1165 ; 2005, 2763 )
Certificate as Alcohol and Drug Abuse Counselor Intern
1. The Board shall issue a certificate as an alcohol and drug
abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to NRS 641C.470 ;
(e) Submits proof to the Board that he:
(1) Is enrolled in a program from which he will receive an
associate’s degree, bachelor’s degree, master’s degree or doctoral degree
in a field of social science approved by the Board; or
(2) Has received an associate’s degree, bachelor’s degree,
master’s degree or doctoral degree in a field of social science approved
by the Board; and
(f) Submits all information required to complete an application for
a certificate.
2. A certificate as an alcohol and drug abuse counselor intern is
valid for 1 year and may be renewed. The Board may waive any requirement
for the renewal of a certificate upon good cause shown by the holder of
the certificate.
3. A certified intern may, under the supervision of a licensed
counselor:
(a) Engage in the practice of counseling alcohol and drug abusers;
and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
(Added to NRS by 1999, 3054 ; A 2003, 1165 ; 2005, 2763 )
Certificate as Problem Gambling Counselor
The Board
may issue a certificate as a problem gambling counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Has received a bachelor’s degree, master’s degree or a doctoral
degree from an accredited college or university in a field of social
science approved by the Board;
(d) Has completed not less than 60 hours of training specific to
problem gambling approved by the Board;
(e) Has completed at least 2,000 hours of supervised counseling of
problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by the Board pursuant
to NRS 641C.290 ;
(g) Presents himself when scheduled for an interview at a meeting
of the Board;
(h) Pays the fees required pursuant to NRS 641C.470 ; and
(i) Submits all information required to complete an application for
a certificate.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Is licensed as:
(1) A clinical social worker pursuant to chapter 641B of NRS;
(2) A marriage and family therapist pursuant to chapter 641A
of NRS;
(3) A physician pursuant to chapter 630 of NRS;
(4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a
doctoral degree from an accredited college or university;
(5) A psychologist pursuant to chapter 641 of NRS; or
(6) An alcohol and drug abuse counselor pursuant to this
chapter;
(d) Has completed not less than 60 hours of training specific to
problem gambling approved by the Board;
(e) Has completed at least 1,000 hours of supervised counseling of
problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by the Board pursuant
to NRS 641C.290 ;
(g) Pays the fees required pursuant to NRS 641C.470 ; and
(h) Submits all information required to complete an application for
a certificate.
(Added to NRS by 2003, 1417 ; A 2005, 2764 , 2814 )
1. A certificate as a problem gambling counselor is valid for 2
years and may be renewed.
2. A certified problem gambling counselor may:
(a) Engage in the practice of counseling problem gamblers;
(b) Assess and evaluate a person as a problem gambler; and
(c) If approved by the Board, supervise certified problem gambling
counseling interns.
(Added to NRS by 2003, 1418 )
Certificate as Problem Gambling Counselor Intern
1. The Board may issue a certificate as a problem gambling
counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States;
(c) Submits proof to the Board that he:
(1) Has received a bachelor’s degree, master’s degree or a
doctoral degree from an accredited college or university in a field of
social science approved by the Board; or
(2) Is enrolled in a program at an accredited college or
university from which he will receive a bachelor’s degree, master’s
degree or a doctoral degree in a field of social science approved by the
Board;
(d) Has completed not less than 30 hours of training specific to
problem gambling approved by the Board;
(e) Demonstrates that a certified problem gambling counselor
approved by the Board has agreed to supervise him in a setting approved
by the Board;
(f) Pays the fees required pursuant to NRS 641C.470 ; and
(g) Submits all information required to complete an application for
a certificate.
2. A certificate as a problem gambling counselor intern is valid
for 1 year and, except as otherwise provided in subsection 3, may be
renewed.
3. A certificate as a problem gambling counselor intern issued to
a person on the basis that he is enrolled in a program at an accredited
college or university from which he will receive a bachelor’s degree,
master’s degree or a doctoral degree in a field of social science
approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor intern may, under the
supervision of a certified problem gambling counselor:
(a) Engage in the practice of counseling problem gamblers; and
(b) Assess and evaluate a person as a problem gambler.
(Added to NRS by 2003, 1418 ; A 2005, 2765 , 2814 )
Expiration and Renewal; Fees
Except as otherwise provided in NRS 641C.320 , 641C.440 and 641C.530 , a person may renew his license or
certificate by submitting to the Board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed
in NRS 641C.470 ;
3. Evidence of his completion of the continuing education required
by the Board;
4. If the applicant is a certified intern, the name of the
licensed or certified counselor who supervises him; and
5. All information required to complete the renewal.
(Added to NRS by 1999, 3055 ; A 2003, 1166 , 1421 ; 2005, 2765 , 2814 )
1. A license or certificate that is not renewed on or before the
date on which it expires is delinquent. The Board shall, within 30 days
after the license or certificate becomes delinquent, send a notice to the
licensed or certified counselor or certified intern by certified mail,
return receipt requested, to the address of the counselor or intern as
indicated in the records of the Board.
2. A licensed or certified counselor or certified intern may renew
a delinquent license or certificate within 60 days after the license or
certificate becomes delinquent by complying with the requirements of NRS
641C.450 and paying, in addition to
the fee for the renewal of the license or certificate, the fee for the
renewal of a delinquent license or certificate prescribed in NRS 641C.470
.
3. A license or certificate expires 60 days after it becomes
delinquent if it is not renewed within that period.
4. Except as otherwise provided in NRS 641C.530 , a license or certificate that has expired
may be restored if the applicant:
(a) Submits to the Board an application to restore the license or
certificate;
(b) Pays the renewal fees for the period during which the license
or certificate was expired and the fee for the restoration of a license
or certificate prescribed in NRS 641C.470 ;
(c) Passes the oral and written examinations prescribed by the
Board;
(d) Submits to the Board evidence of his completion of the
continuing education required by the Board; and
(e) Submits all information required to complete the application.
(Added to NRS by 1999, 3056 ; A 2003, 1166 ; 2005, 2766 )
1. The Board shall charge and collect not more than the following
fees:
For the initial application for a license or
certificate......................................... $150
For the issuance of a provisional license or
certificate...................................... 125
For the issuance of an initial license or
certificate................................................ 60
For the renewal of a license or certificate as an alcohol and drug abuse
counselor or a certificate as a problem gambling
counselor..................................................................
.......................................... 300
For the renewal of a certificate as an alcohol and drug abuse counselor
intern or a problem gambling counselor intern 75
For the renewal of a delinquent license or
certificate........................................... 75
For the restoration of an expired license or
certificate....................................... 150
For the restoration or reinstatement of a suspended or revoked license or
certificate 300
For the issuance of a license or certificate without
examination...................... 150
For an
examination................................................................
................................... 150
For the approval of a course of continuing
education....................................... 150
2. The fees charged and collected pursuant to this section are not
refundable.
(Added to NRS by 1999, 3056 ; A 2001, 219 ; 2003, 1166 , 1421 )
CERTIFICATION OF DETOXIFICATION TECHNICIANS
1. The Board may, by regulation, provide for the certification of
a person as a detoxification technician.
2. Any regulation adopted pursuant to subsection 1 must be
consistent with the provisions of chapter 622A of NRS and must include, without limitation,
provisions relating to:
(a) The requirements for submitting an application for a
certificate, including, without limitation, the submission of a complete
set of fingerprints pursuant to NRS 641C.260 ;
(b) The scope of practice for a person who is issued a certificate;
(c) The conduct of any investigation or hearing relating to an
application for a certificate;
(d) The examination of an applicant for a certificate or a waiver
of examination for an applicant;
(e) The requirements for issuing a certificate or provisional
certificate;
(f) The duration, expiration, renewal, restoration, suspension,
revocation and reinstatement of a certificate;
(g) The grounds for refusing the issuance, renewal, restoration or
reinstatement of a certificate;
(h) The conduct of any disciplinary or other administrative
proceeding relating to a person who is issued a certificate;
(i) The filing of a complaint against a person who is issued a
certificate;
(j) The issuance of a subpoena for the attendance of witnesses and
the production of books, papers and records;
(k) The payment of fees for:
(1) Witnesses, mileage and attendance at a hearing or
deposition; and
(2) The issuance, renewal, restoration or reinstatement of a
certificate;
(l) The imposition of a penalty for a violation of any provision of
the regulations; and
(m) The confidentiality of any record or other information
maintained by the Board relating to an applicant or the holder of a
certificate.
3. A person shall not engage in any activity for which the Board
requires a certificate as a detoxification technician pursuant to this
section unless the person is the holder of such a certificate.
4. In addition to the provisions of subsection 2, a regulation
adopted pursuant to this section must include provisions that are
substantially similar to the requirements set forth in NRS 641C.280
and 641C.710 . Any provision included in a regulation
pursuant to this subsection remains effective until the provisions of NRS
641C.280 and 641C.710 expire by limitation.
5. Except as otherwise provided in this section and NRS 641C.900
, 641C.910 and 641C.950 , the provisions of this chapter do not apply
to the holder of a certificate that is issued in accordance with a
regulation adopted pursuant to this section.
6. As used in this section, “detoxification technician” means a
person who is certified by the Board to provide screening for the safe
withdrawal from alcohol and other drugs.
(Added to NRS by 2003, 1163 ; A 2005, 794 , 2766 )
ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION
1. The Board may use any information included in a report of
criminal history that is obtained pursuant to this section or NRS
641C.260 in determining whether:
(a) To issue, renew, restore, suspend, revoke or reinstate a
license or certificate pursuant to this chapter; or
(b) Any ground for imposing any disciplinary action exists pursuant
to NRS 641C.700 .
2. Before renewing, restoring or reinstating the license or
certificate of a licensed counselor, certified counselor or certified
intern, the Board may, by regulation, require the licensed counselor,
certified counselor or certified intern to submit to the Board a complete
set of his fingerprints and written permission authorizing the Board to
forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation
for its report.
3. A regulation adopted pursuant to subsection 2 must set forth
the circumstances under which the Board will require a detoxification
technician to submit his fingerprints and written authorization specified
in that subsection before renewing, restoring or reinstating his
certificate.
(Added to NRS by 2003, 1164 )
DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS
The grounds for
initiating disciplinary action pursuant to the provisions of this chapter
include:
1. Conviction of:
(a) A felony relating to the practice of counseling alcohol and
drug abusers or the practice of counseling problem gamblers;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the
possession, distribution or use of a controlled substance or dangerous
drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
(c) Documenting the continuing education required to renew or
reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a license or certificate
issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any other drug that impairs the
ability of a licensed or certified counselor or certified intern to
engage in the practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling alcohol and drug abusers
with an expired, suspended or revoked license or certificate; and
7. Engaging in behavior that is contrary to the ethical standards
as set forth in the regulations of the Board.
(Added to NRS by 1999, 3057 ; A 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, the Board shall deem the
license or certificate to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Board receives a
letter issued to the person by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the person has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 .
2. Except as otherwise provided in NRS 641C.530 , the Board shall reinstate a license or
certificate that has been suspended by a district court pursuant to NRS
425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS
425.550 to the person stating that the
person has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560 .
(Added to NRS by 1999, 3059 ; A 2003, 1167 ; 2005, 2809 )
1. The Board or any of its members who become aware of any ground
for initiating disciplinary action against a person engaging in the
practice of counseling alcohol and drug abusers in this State shall, and
any other person who is so aware may, file a written complaint specifying
the relevant facts with the Board. The complaint must specifically charge
one or more of the grounds for initiating disciplinary action.
2. If, after notice and a hearing as required by law, the Board
determines that a licensed or certified counselor or certified intern has
violated a provision of this chapter or any regulation adopted pursuant
to this chapter, it may:
(a) Administer a public reprimand;
(b) Suspend his license or certificate and impose conditions for
the removal of the suspension;
(c) Revoke his license or certificate and prescribe the
requirements for the reinstatement of the license or certificate;
(d) If he is a licensed or certified counselor, require him to be
supervised by another person while he engages in the practice of
counseling alcohol and drug abusers;
(e) Require him to participate in treatment or counseling and pay
the expenses of that treatment or counseling;
(f) Require him to pay restitution to any person adversely affected
by his acts or omissions;
(g) Impose a fine of not more than $5,000; or
(h) Take any combination of the actions authorized by paragraphs
(a) to (g), inclusive.
3. If his license or certificate is revoked or suspended pursuant
to subsection 2, the licensed or certified counselor or certified intern
may apply to the Board for reinstatement of the suspended license or
certificate or may apply to the Board pursuant to the provisions of
chapter 622A of NRS for reinstatement of
his revoked license or certificate. The Board may accept or reject the
application and may require the successful completion of an examination
as a condition of reinstatement of the license or certificate.
4. The Board shall not administer a private reprimand.
5. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1999, 3057 ; A 2003, 3459 ; 2005, 795 )
1. The Board 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 a hearing is
held, may compel the attendance of witnesses, the giving of testimony and
the production of books and papers as required by a subpoena issued by
the Board.
3. If a witness refuses to attend or testify or to 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 and 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 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 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. The failure to obey the order is a
contempt of the court that issued it.
(Added to NRS by 1999, 3059 )
Each
witness who appears by an order of the Board is entitled to receive for
his attendance the same fees and mileage allowed by law to a witness in a
civil case. The amount must be paid by the party who requested the
subpoena. If a witness who has not been required to attend at the request
of any party is subpoenaed by the Board, his fees and mileage must be
paid from the money of the Board.
(Added to NRS by 1999, 3059 )
Repealed. (See chapter 225, Statutes of Nevada
2005, at page 807 .)
1. 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.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. 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 1999, 3058 ; A 2003, 3460 ; 2005, 796 )
UNLAWFUL ACTS; REMEDIES; PENALTIES
1. Except as otherwise provided in subsection 2, a person shall
not engage in the practice of counseling alcohol and drug abusers or the
practice of counseling problem gamblers unless he is a licensed
counselor, certified counselor or certified intern.
2. A person may engage in the practice of counseling alcohol and
drug abusers under the supervision of a licensed counselor or the
practice of counseling problem gamblers under the supervision of a
certified counselor for not more than 30 days if that person:
(a) Is qualified to be licensed or certified pursuant to the
provisions of this chapter; and
(b) Submits an application to the Board for a license or
certificate pursuant to the provisions of this chapter.
(Added to NRS by 1999, 3054 ; A 2003, 1422 )
1. A person shall not:
(a) Hold himself out to a member of the general public as an
alcohol and drug abuse counselor, alcohol and drug abuse counselor
intern, problem gambling counselor or problem gambling counselor intern;
(b) Use the title “alcohol and drug abuse counselor,” “alcohol and
drug abuse counselor intern,” “drug abuse counselor,” “substance abuse
counselor,” “problem gambling counselor,” “problem gambling counselor
intern,” “gambling counselor,” “detoxification technician” or any similar
title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the Board,
Ê unless he is licensed or certified by the Board pursuant to the
provisions of this chapter or a regulation adopted pursuant to NRS
641C.500 .
2. If the Board believes that any person has violated or is about
to violate any provision of this chapter or a regulation adopted pursuant
thereto, it may bring an action in a court of competent jurisdiction to
enjoin the person from engaging in or continuing the violation. An
injunction:
(a) May be issued without proof of actual damage sustained by any
person.
(b) Does not prevent the criminal prosecution and punishment of a
person who violates a provision of this chapter or a regulation adopted
pursuant thereto.
(Added to NRS by 1999, 3060 ; A 2003, 1167 , 1422 )
A person who violates any provision of
this chapter or a regulation adopted pursuant thereto is guilty of a
misdemeanor.
(Added to NRS by 1999, 3058 ; A 2003, 1168 )
