NRS 641C.160 Termsof office; removal of members; election of officers; meetings; limitations onexpenses; maintenance of records; adoption of seal; quorum.

NRS 641C.170 Compensationof members; payment of per diem allowance and travel expenses.

NRS 641C.180 Locationof offices; employment of attorneys, investigators and other persons.

NRS 641C.190 Paymentof expenses; deposit of money; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; presentment of claims for attorneysfees and costs of investigation.

NRS 641C.200 Adoptionof regulations.

NRS 641C.210 Dutiesof Secretary-Treasurer.

NRS 641C.220 Interlocalagreements with Indian tribes.

LICENSURE AND CERTIFICATION OF COUNSELORS AND COUNSELORINTERNS

General Provisions

NRS 641C.250 Licenseor certificate is revocable privilege; holder acquires no vested right.

NRS 641C.260 Applicationrequired for license or certificate; submission of fingerprints; payment ofapplication fee.

NRS 641C.270 Applicationmust include social security number of applicant. [Repealed.]

NRS 641C.280 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 641C.280 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 641C.290 Examinationrequired for license or certificate.

NRS 641C.300 Waiverof examination for person who holds license or certificate in anotherjurisdiction.

NRS 641C.310 Investigationand hearings related to applications for license or certificate; grounds fordenial of license or certificate.

NRS 641C.320 Issuanceof provisional license or certificate; period provisional license orcertificate is valid; prohibition on renewal.

License as Alcohol and Drug Abuse Counselor

NRS 641C.350 Requirementsfor issuance of license.

NRS 641C.360 Periodlicense is valid; scope of practice authorized by license.

Certificate as Alcohol and Drug Abuse Counselor

NRS 641C.390 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

Certificate as Alcohol and Drug Abuse Counselor Intern

NRS 641C.420 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

Certificate as Problem Gambling Counselor

NRS 641C.430 Requirementsfor issuance of certificate.

NRS 641C.435 Periodcertificate is valid; scope of practice authorized by certificate.

Certificate as Problem Gambling Counselor Intern

NRS 641C.440 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

Expiration and Renewal; Fees

NRS 641C.450 Procedurefor renewal on or before date of expiration.

NRS 641C.460 Procedurefor renewal or restoration after date of expiration.

NRS 641C.470 Fees.

CERTIFICATION OF DETOXIFICATION TECHNICIANS

NRS 641C.500 Adoptionof regulations governing certification; scope of regulations; prohibitions;inapplicability of certain provisions of chapter.

ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION

NRS 641C.530 Reportsof criminal history: Use by Board in making determinations concerning licensureand certification; power of Board to require submission of fingerprints toobtain reports.

DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS

NRS 641C.700 Groundsfor disciplinary action.

NRS 641C.710 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 641C.720 Filingof complaint; authorized disciplinary action; reinstatement of suspended orrevoked license or certificate; private reprimands prohibited; orders imposingdiscipline deemed public records.

NRS 641C.730 Subpoenas:Issuance; enforcement; penalty for failure to obey.

NRS 641C.740 Paymentof fees and mileage for witnesses.

NRS 641C.750 Depositionof witnesses; taking of evidence in another jurisdiction. [Repealed.]

NRS 641C.760 Confidentialityof certain records of Board; exceptions.

UNLAWFUL ACTS; REMEDIES; PENALTIES

NRS 641C.900 Unlawfulto engage in practice of counseling alcohol and drug abusers or problemgamblers without being licensed or certified; exceptions.

NRS 641C.910 Unlawfulto engage in certain acts, use certain titles or make certain representations withoutbeing licensed or certified; civil action for injunctive relief.

NRS 641C.950 Penalties.

_________

GENERAL PROVISIONS

NRS 641C.010 Legislativedeclaration. The practice of counselingalcohol and drug abusers and the practice of counseling problem gamblers arehereby declared to be learned professions affecting public health, safety andwelfare and are subject to regulation to protect the public from the practiceof counseling alcohol and drug abusers and the practice of counseling problemgamblers by unqualified persons and from unprofessional conduct by persons whoare licensed or certified to engage in the practice of counseling alcohol anddrug abusers or certified to engage in the practice of counseling problemgamblers.

(Added to NRS by 1999, 3050; A 2003, 1419)

NRS 641C.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS641C.030 to 641C.110, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 3049; A 2003, 1419)

NRS 641C.030 Boarddefined. Board means the Board of Examinersfor Alcohol, Drug and Gambling Counselors.

(Added to NRS by 1999, 3049; A 2003, 1419)

NRS 641C.040 Certificatedefined. Certificate means a certificate issuedto a person who is certified as an alcohol and drug abuse counselor, an alcoholand drug abuse counselor intern, a problem gambling counselor or a problem gamblingcounselor intern.

(Added to NRS by 1999, 3049; A 2003, 1419)

NRS 641C.050 Certifiedcounselor defined. Certified counselormeans a person who is certified as an alcohol and drug abuse counselor or aproblem gambling counselor pursuant to the provisions of this chapter.

(Added to NRS by 1999, 3049; A 2003, 1419)

NRS 641C.060 Certifiedintern defined. Certified intern means a personwho is certified as an alcohol and drug abuse counselor intern or a problem gamblingcounselor intern pursuant to the provisions of this chapter.

(Added to NRS by 1999, 3049; A 2003, 1419)

NRS 641C.070 Habitualuse defined. Habitual use means the use ofalcohol and drugs that endangers the health, safety or welfare of the user orany other person.

(Added to NRS by 1999, 3049)

NRS 641C.080 Licensedefined. License means a license issued to aperson who is licensed as an alcohol and drug abuse counselor pursuant to theprovisions of this chapter.

(Added to NRS by 1999, 3049)

NRS 641C.090 Licensedcounselor defined. Licensed counselor meansa person who is licensed as an alcohol and drug abuse counselor pursuant to theprovisions of this chapter.

(Added to NRS by 1999, 3049)

NRS 641C.100 Practiceof counseling alcohol and drug abusers defined. Practiceof counseling alcohol and drug abusers means the application of counseling to reduceor eliminate the habitual use of alcohol or other drugs, other than anymaintenance dosage of a narcotic or habit-forming drug administered pursuant tochapter 453 of NRS.

(Added to NRS by 1999, 3049)

NRS 641C.105 Practiceof counseling problem gamblers defined. Practiceof counseling problem gamblers means the application of counseling to reduceor eliminate problem gambling.

(Added to NRS by 2003, 1417)

NRS 641C.110 Problemgambling defined. Problem gambling meanspersistent and recurrent maladaptive behavior relating to gambling that causesdisruptions in any major area of life, including, without limitation, thepsychological, social or vocational areas of life.

(Added to NRS by 2003, 1417)

NRS 641C.130 Applicability. The provisions of this chapter do not apply to:

1. A physician who is licensed pursuant to theprovisions of chapter 630 or 633 of NRS;

2. A nurse who is licensed pursuant to the provisionsof chapter 632 of NRS and is authorized by theState Board of Nursing to engage in the practice of counseling alcohol and drugabusers or the practice of counseling problem gamblers;

3. A psychologist who is licensed pursuant to theprovisions of chapter 641 of NRS;

4. A marriage and family therapist who is licensedpursuant to the provisions of chapter 641Aof NRS and is authorized by the Board of Examiners for Marriage and FamilyTherapists to engage in the practice of counseling alcohol and drug abusers orthe practice of counseling problem gamblers; or

5. A person who is licensed as a clinical socialworker pursuant to the provisions of chapter641B of NRS and is authorized by the Board of Examiners for Social Workersto engage in the practice of counseling alcohol and drug abusers or thepractice of counseling problem gamblers.

(Added to NRS by 1999, 3050; A 2003, 1176, 1419)

BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLINGCOUNSELORS

NRS 641C.150 Creation;appointment and qualifications of members; limitations on civil liability.

1. The Board of Examiners for Alcohol, Drug andGambling Counselors, consisting of seven members appointed by the Governor, ishereby created.

2. The Board must consist of:

(a) Three members who are licensed as alcohol and drugabuse counselors pursuant to the provisions of this chapter.

(b) One member who is certified as an alcohol and drugabuse counselor pursuant to the provisions of this chapter.

(c) Two members who are licensed pursuant to chapter 630, 632,641, 641Aor 641B of NRS and certified as problemgambling counselors pursuant to the provisions of this chapter.

(d) One member who is a representative of the generalpublic. This member must not be:

(1) A licensed or certified alcohol and drugabuse 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 abusecounselor or problem gambling counselor.

3. A person may not be appointed to the Board unlesshe is:

(a) A citizen of the United States or is lawfullyentitled 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 acivil action for any act that he performs in good faith in the execution of hisduties pursuant to the provisions of this chapter.

(Added to NRS by 1999, 3050; A 2003, 1198, 1420)

NRS 641C.160 Termsof office; removal of members; election of officers; meetings; limitations onexpenses; maintenance of records; adoption of seal; quorum.

1. After the initial terms, the members of the Boardmust be appointed to terms of 4 years and may not serve more than twoconsecutive terms.

2. Upon the expiration of his term, a member continuesto serve on the Board until a qualified person has been appointed as hissuccessor.

3. The Governor may, after notice and hearing, removeany member of the Board for misconduct, incompetence, neglect of duty or anyother sufficient cause.

4. The Board shall:

(a) Elect annually from its members a President, VicePresident and Secretary-Treasurer. If the President, Vice President orSecretary-Treasurer is replaced by another person appointed by the Governor,the Board shall elect from its members a replacement for the President, VicePresident or Secretary-Treasurer.

(b) Meet not less than twice a year and may meet atother times at the call of the President or a majority of its members.

(c) Not incur any expenses that exceed the moneyreceived from time to time as fees provided by the provisions of this chapter.

(d) Prepare and maintain a record of its transactionsand proceedings.

(e) Adopt a seal of which each court of this Stateshall take judicial notice.

5. A majority of the members of the Board constitutesa quorum to transact the business of the Board.

(Added to NRS by 1999, 3050)

NRS 641C.170 Compensationof members; payment of per diem allowance and travel expenses.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses, at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for officers and employees of this Stategenerally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for officers and employees of this State generally.

(Added to NRS by 1999, 3051)

NRS 641C.180 Locationof offices; employment of attorneys, investigators and other persons. The Board may:

1. Maintain offices in as many locations in this Stateas it considers necessary to carry out the provisions of this chapter.

2. Employ attorneys, investigators and other personsnecessary to carry out its duties.

(Added to NRS by 1999, 3051)

1. Except as otherwise provided in subsection 4, allexpenses incurred by the Board in carrying out the provisions of this chaptermust be paid from the money which it receives. No part of the salaries orexpenses of the Board may be paid out of the State General Fund.

2. All money received by the Board must be depositedin a bank, credit union or other financial institution in this State and paidout on its order for its expenses.

3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect fines and penalties therefor anddeposit the money therefrom in a bank, credit union or other financialinstitution in this State.

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3, the Board shall deposit themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund. If money is so deposited, the Board maypresent a claim to the State Board of Examiners for recommendation to theInterim Finance Committee if money is needed to pay attorneys fees or thecosts of an investigation, or both.

(Added to NRS by 1999, 3051; A 2001, 91, 101; 2005, 793)

NRS 641C.200 Adoptionof regulations.

1. The Board shall adopt such regulations as arenecessary to carry out the provisions of this chapter, including, withoutlimitation, regulations that prescribe:

(a) The ethical standards for licensed and certified counselorsand certified interns; and

(b) The requirements for continuing education for therenewal, restoration or reinstatement of a license or certificate.

2. The Board may adopt regulations that prescribe:

(a) The contents of a written examination concerningthe practice of counseling problem gamblers;

(b) The grounds for initiating disciplinary actionagainst a certified problem gambling counselor or certified problem gamblingcounselor intern; and

(c) Disciplinary procedures for certified problemgambling counselors and certified problem gambling counselor interns, includingthe suspension, revocation and reinstatement of a certificate as a problemgambling counselor or problem gambling counselor intern.

3. Any regulations adopted by the Board pursuant tothis 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)

NRS 641C.210 Dutiesof Secretary-Treasurer. TheSecretary-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;

(d) The certified counselors; and

(e) The certified interns.

2. A record of each examination conducted by theBoard.

3. An inventory of:

(a) The property of the Board; and

(b) The property of this State that is in thepossession of the Board.

(Added to NRS by 1999, 3051)

NRS 641C.220 Interlocalagreements with Indian tribes. The Board mayenter into an interlocal agreement with an Indian tribe to provide to membersof the tribe training in the practice of counseling alcohol and drug abusers toassist those persons in obtaining licenses and certificates as alcohol and drugabuse counselors.

(Added to NRS by 2003, 1164)

LICENSURE AND CERTIFICATION OF COUNSELORS AND COUNSELORINTERNS

General Provisions

NRS 641C.250 Licenseor certificate is revocable privilege; holder acquires no vested right. A license or certificate issued pursuant to the provisionsof this chapter is a privilege that may be revoked in accordance with thedisciplinary procedures set forth in this chapter and in regulations adopted bythe Board pursuant thereto, and no holder of such a license or certificateacquires thereby any vested right.

(Added to NRS by 1999, 3050)

NRS 641C.260 Applicationrequired for license or certificate; submission of fingerprints; payment ofapplication fee. Each applicant for a licenseor certificate must submit to the Board:

1. An application on a form provided by the Board;

2. A complete set of fingerprints and writtenpermission authorizing the Board to forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau 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)

NRS 641C.270 Applicationmust include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license orcertificate shall include the social security number of the applicant in theapplication submitted to the Board.

(b) An applicant for the issuance, renewal,reinstatement or restoration of a license or certificate shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance, renewal, reinstatement or restoration of thelicense 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 tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to notify the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1999, 3052; A 2005, 2761, 2809)

NRS 641C.280 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance, renewal, reinstatement orrestoration of a license or certificate shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance, renewal, reinstatement or restoration of thelicense 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 tosubsection 1; or

(Added to NRS by 1999, 3052; A 2005, 2761, 2762, 2809, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 641C.290 Examinationrequired for license or certificate.

1. Each applicant for a license or certificate as analcohol and drug abuse counselor must pass a written and oral examinationconcerning his knowledge of the practice of counseling alcohol and drugabusers, the applicable provisions of this chapter and any applicableregulations adopted by the Board pursuant to the provisions of this chapter.

2. Each applicant for a certificate as a problemgambling counselor must pass a written examination concerning his knowledge ofthe practice of counseling problem gamblers, the applicable provisions of thischapter and any applicable regulations adopted by the Board pursuant to theprovisions 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.

(d) Establish, by regulation, the requirements forpassing the examination.

4. The Board may employ other persons to conduct theexaminations.

(Added to NRS by 1999, 3054; A 2003, 1420)

NRS 641C.300 Waiverof examination for person who holds license or certificate in anotherjurisdiction. The Board shall issue a licenseor certificate without examination to a person who holds a license orcertificate as an alcohol and drug abuse counselor in another state, aterritory or possession of the United States or the District of Columbia if therequirements of that jurisdiction at the time the license or certificate wasissued are deemed by the Board to be substantially equivalent to therequirements set forth in the provisions of this chapter.

(Added to NRS by 1999, 3055)

NRS 641C.310 Investigationand hearings related to applications for license or certificate; grounds fordenial of license or certificate.

1. The Board may hold hearings and conductinvestigations concerning any matter related to an application for a license orcertificate. In the hearings and investigations, the Board may require thepresentation of evidence.

2. The Board may refuse to issue a license orcertificate to an applicant if the Board determines that the applicant:

(a) Is not of good moral character as it relates to thepractice of counseling alcohol and drug abusers;

(b) Has submitted a false credential to the Board;

(c) Has been disciplined in another state, a possessionor territory of the United States or the District of Columbia in connectionwith the practice of counseling alcohol and drug abusers;

(d) Has committed an act in another state, a possessionor territory of the United States or the District of Columbia in connectionwith the practice of counseling alcohol and drug abusers that would be aviolation of the provisions of this chapter if the act were committed in thisState; or

(e) Has failed to comply with any of the requirementsfor a license or certificate.

(Added to NRS by 1999, 3055)

NRS 641C.320 Issuanceof provisional license or certificate; period provisional license orcertificate is valid; prohibition on renewal.

1. The Board may issue a provisional license or certificateas an alcohol and drug abuse counselor to a person who has applied to the Boardto take the examination for a license or certificate as an alcohol and drugabuse counselor and is otherwise eligible for that license or certificatepursuant to NRS 641C.350 or 641C.390.

2. A provisional license or certificate is valid fornot more than 1 year and may not be renewed.

(Added to NRS by 1999, 3055)

License as Alcohol and Drug Abuse Counselor

NRS 641C.350 Requirementsfor issuance of license. The Board shall issuea 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 lawfullyentitled to remain and work in the United States;

(c) Has received a masters degree or a doctoral degreefrom an accredited college or university in a field of social science approvedby the Board;

(d) Has completed 4,000 hours of supervised counselingof alcohol and drug abusers;

(e) Passes the written and oral examinations prescribedby 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 anapplication 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 lawfullyentitled to remain and work in the United States;

(1) Licensed as a clinical social workerpursuant to chapter 641B of NRS;

(2) Licensed as a marriage and family therapistpursuant to chapter 641A of NRS; or

(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a mastersdegree or a doctoral degree from an accredited college or university;

(d) Has completed at least 6 months of supervisedcounseling of alcohol and drug abusers approved by the Board;

(e) Passes the written and oral examinations prescribedby 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 anapplication for a license.

(Added to NRS by 1999, 3053; A 2005, 2762)

NRS 641C.360 Periodlicense is valid; scope of practice authorized by license.

1. A license as an alcohol and drug abuse counselor isvalid for 2 years and may be renewed.

2. A licensed counselor may:

(a) Engage in the practice of counseling alcohol anddrug abusers;

(b) Diagnose or classify a person as an alcoholic orabuser of drugs; and

(Added to NRS by 1999, 3053)

Certificate as Alcohol and Drug Abuse Counselor

NRS 641C.390 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

1. The Board shall issue a certificate as an alcoholand 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 lawfullyentitled to remain and work in the United States;

(c) Except as otherwise provided in subsection 2, hasreceived a bachelors degree from an accredited college or university in afield of social science approved by the Board;

(d) Has completed 4,000 hours of supervised counselingof alcohol and drug abusers;

(e) Passes the written and oral examinations prescribedby 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 anapplication for a certificate.

2. The Board may waive the educational requirement setforth in paragraph (c) of subsection 1 if an applicant for a certificate hascontracted with or receives a grant from the Federal Government to provideservices as an alcohol and drug abuse counselor to persons who are authorizedto 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 thissection for whom the educational requirement set forth in paragraph (c) ofsubsection 1 is waived may provide services as an alcohol and drug abusecounselor only to those persons who are authorized to receive those servicespursuant to 25 U.S.C. 450 et seq. or 25 U.S.C. 1601 et seq.

3. A certificate as an alcohol and drug abusecounselor 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 anddrug abusers; and

(b) Diagnose or classify a person as an alcoholic orabuser of drugs.

(Added to NRS by 1999, 3053; A 2003, 1165; 2005, 2763)

Certificate as Alcohol and Drug Abuse Counselor Intern

NRS 641C.420 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

1. The Board shall issue a certificate as an alcoholand 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 lawfullyentitled to remain and work in the United States;

(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 willreceive an associates degree, bachelors degree, masters degree or doctoraldegree in a field of social science approved by the Board; or

(2) Has received an associates degree,bachelors degree, masters degree or doctoral degree in a field of socialscience approved by the Board; and

(f) Submits all information required to complete anapplication for a certificate.

2. A certificate as an alcohol and drug abusecounselor intern is valid for 1 year and may be renewed. The Board may waiveany requirement for the renewal of a certificate upon good cause shown by theholder of the certificate.

3. A certified intern may, under the supervision of alicensed counselor:

(a) Engage in the practice of counseling alcohol anddrug abusers; and

(b) Diagnose or classify a person as an alcoholic ordrug abuser.

(Added to NRS by 1999, 3054; A 2003, 1165; 2005, 2763)

Certificate as Problem Gambling Counselor

NRS 641C.430 Requirementsfor issuance of certificate. The Board mayissue 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 lawfullyentitled to remain and work in the United States;

(c) Has received a bachelors degree, masters degreeor a doctoral degree from an accredited college or university in a field ofsocial science approved by the Board;

(d) Has completed not less than 60 hours of trainingspecific to problem gambling approved by the Board;

(e) Has completed at least 2,000 hours of supervisedcounseling of problem gamblers in a setting approved by the Board;

(f) Passes the written examination prescribed by theBoard pursuant to NRS 641C.290;

(g) Presents himself when scheduled for an interview ata meeting of the Board;

(h) Pays the fees required pursuant to NRS 641C.470; and

(i) Submits all information required to complete anapplication 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 lawfullyentitled to remain and work in the United States;

(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 masters degreeor 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 pursuantto this chapter;

(d) Has completed not less than 60 hours of trainingspecific to problem gambling approved by the Board;

(e) Has completed at least 1,000 hours of supervisedcounseling of problem gamblers in a setting approved by the Board;

(f) Passes the written examination prescribed by theBoard pursuant to NRS 641C.290;

(g) Pays the fees required pursuant to NRS 641C.470; and

(h) Submits all information required to complete anapplication for a certificate.

(Added to NRS by 2003, 1417; A 2005, 2764, 2814)

NRS 641C.435 Periodcertificate is valid; scope of practice authorized by certificate.

1. A certificate as a problem gambling counselor isvalid for 2 years and may be renewed.

2. A certified problem gambling counselor may:

(a) Engage in the practice of counseling problemgamblers;

(b) Assess and evaluate a person as a problem gambler;and

(Added to NRS by 2003, 1418)

Certificate as Problem Gambling Counselor Intern

NRS 641C.440 Requirementsfor issuance of certificate; period certificate is valid; scope of practiceauthorized by certificate.

1. The Board may issue a certificate as a problemgambling 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 lawfullyentitled to remain and work in the United States;

(1) Has received a bachelors degree, mastersdegree or a doctoral degree from an accredited college or university in a fieldof social science approved by the Board; or

(2) Is enrolled in a program at an accreditedcollege or university from which he will receive a bachelors degree, mastersdegree or a doctoral degree in a field of social science approved by the Board;

(d) Has completed not less than 30 hours of trainingspecific to problem gambling approved by the Board;

(e) Demonstrates that a certified problem gamblingcounselor approved by the Board has agreed to supervise him in a settingapproved by the Board;

(f) Pays the fees required pursuant to NRS 641C.470; and

(g) Submits all information required to complete anapplication for a certificate.

2. A certificate as a problem gambling counselor internis valid for 1 year and, except as otherwise provided in subsection 3, may berenewed.

3. A certificate as a problem gambling counselorintern issued to a person on the basis that he is enrolled in a program at anaccredited college or university from which he will receive a bachelorsdegree, masters degree or a doctoral degree in a field of social scienceapproved 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 problemgamblers; 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

NRS 641C.450 Procedurefor renewal on or before date of expiration. Exceptas otherwise provided in NRS 641C.320,641C.440 and 641C.530, a person may renew his licenseor certificate by submitting to the Board:

1. An application for the renewal of his license orcertificate;

2. The fee for the renewal of a license or certificateprescribed in NRS 641C.470;

3. Evidence of his completion of the continuingeducation required by the Board;

4. If the applicant is a certified intern, the name ofthe 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)

NRS 641C.460 Procedurefor renewal or restoration after date of expiration.

1. A license or certificate that is not renewed on orbefore the date on which it expires is delinquent. The Board shall, within 30days after the license or certificate becomes delinquent, send a notice to thelicensed or certified counselor or certified intern by certified mail, returnreceipt requested, to the address of the counselor or intern as indicated in therecords of the Board.

2. A licensed or certified counselor or certifiedintern may renew a delinquent license or certificate within 60 days after thelicense or certificate becomes delinquent by complying with the requirements ofNRS 641C.450 and paying, in additionto the fee for the renewal of the license or certificate, the fee for therenewal of a delinquent license or certificate prescribed in NRS 641C.470.

3. A license or certificate expires 60 days after itbecomes delinquent if it is not renewed within that period.

4. Except as otherwise provided in NRS 641C.530, a license or certificatethat has expired may be restored if the applicant:

(a) Submits to the Board an application to restore thelicense or certificate;

(b) Pays the renewal fees for the period during whichthe license or certificate was expired and the fee for the restoration of alicense or certificate prescribed in NRS641C.470;

(d) Submits to the Board evidence of his completion ofthe continuing education required by the Board; and

(e) Submits all information required to complete theapplication.

(Added to NRS by 1999, 3056; A 2003, 1166; 2005, 2766)

NRS 641C.470 Fees.

1. The Board shall charge and collect not more thanthe following fees:

For the initialapplication for a license or certificate......................................... $150

For the issuance of aprovisional license or certificate...................................... 125

For the issuance ofan initial license or certificate................................................ 60

For the renewal of alicense or certificate as an alcohol and drug abuse counselor or a certificateas a problem gambling counselor............................................................................................................ 300

For the renewal of acertificate as an alcohol and drug abuse counselor intern or a problem gamblingcounselor intern 75

For the renewal of adelinquent license or certificate........................................... 75

For the restorationof an expired license or certificate....................................... 150

For the restorationor reinstatement of a suspended or revoked license or certificate 300

For the issuance of alicense or certificate without examination...................... 150

For an examination................................................................................................... 150

For the approval of acourse of continuing education....................................... 150

2. The fees charged and collected pursuant to thissection are not refundable.

(Added to NRS by 1999, 3056; A 2001, 219; 2003, 1166, 1421)

CERTIFICATION OF DETOXIFICATION TECHNICIANS

NRS 641C.500 Adoptionof regulations governing certification; scope of regulations; prohibitions;inapplicability of certain provisions of chapter.

1. The Board may, by regulation, provide for thecertification of a person as a detoxification technician.

2. Any regulation adopted pursuant to subsection 1must be consistent with the provisions of chapter622A of NRS and must include, without limitation, provisions relating to:

(a) The requirements for submitting an application fora certificate, including, without limitation, the submission of a complete setof fingerprints pursuant to NRS 641C.260;

(b) The scope of practice for a person who is issued acertificate;

(d) The examination of an applicant for a certificateor a waiver of examination for an applicant;

(e) The requirements for issuing a certificate orprovisional 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 otheradministrative proceeding relating to a person who is issued a certificate;

(i) The filing of a complaint against a person who isissued a certificate;

(j) The issuance of a subpoena for the attendance ofwitnesses and the production of books, papers and records;

(k) The payment of fees for:

(1) Witnesses, mileage and attendance at ahearing or deposition; and

(2) The issuance, renewal, restoration orreinstatement of a certificate;

(l) The imposition of a penalty for a violation of anyprovision of the regulations; and

(m) The confidentiality of any record or otherinformation maintained by the Board relating to an applicant or the holder of acertificate.

3. A person shall not engage in any activity for whichthe Board requires a certificate as a detoxification technician pursuant tothis section unless the person is the holder of such a certificate.

4. In addition to the provisions of subsection 2, aregulation adopted pursuant to this section must include provisions that aresubstantially similar to the requirements set forth in NRS 641C.280 and 641C.710. Any provision included in aregulation pursuant to this subsection remains effective until the provisionsof 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 chapterdo not apply to the holder of a certificate that is issued in accordance with aregulation adopted pursuant to this section.

6. As used in this section, detoxificationtechnician means a person who is certified by the Board to provide screeningfor the safe withdrawal from alcohol and other drugs.

(Added to NRS by 2003, 1163; A 2005, 794, 2766)

ADDITIONAL PROVISIONS GOVERNING LICENSURE AND CERTIFICATION

NRS 641C.530 Reportsof criminal history: Use by Board in making determinations concerning licensureand certification; power of Board to require submission of fingerprints to obtainreports.

1. The Board may use any information included in areport of criminal history that is obtained pursuant to this section or NRS 641C.260 in determining whether:

(a) To issue, renew, restore, suspend, revoke orreinstate a license or certificate pursuant to this chapter; or

(b) Any ground for imposing any disciplinary actionexists pursuant to NRS 641C.700.

2. Before renewing, restoring or reinstating thelicense or certificate of a licensed counselor, certified counselor orcertified intern, the Board may, by regulation, require the licensed counselor,certified counselor or certified intern to submit to the Board a complete setof his fingerprints and written permission authorizing the Board to forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report.

3. A regulation adopted pursuant to subsection 2 mustset forth the circumstances under which the Board will require a detoxificationtechnician to submit his fingerprints and written authorization specified inthat subsection before renewing, restoring or reinstating his certificate.

(Added to NRS by 2003, 1164)

DISCIPLINARY ACTION AND ADMINISTRATIVE PROCEEDINGS

NRS 641C.700 Groundsfor disciplinary action. The grounds forinitiating disciplinary action pursuant to the provisions of this chapterinclude:

1. Conviction of:

(a) A felony relating to the practice of counselingalcohol 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 regulatingthe possession, distribution or use of a controlled substance or dangerous drugas 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;

(d) Submitting a claim for payment to an insurer; or

(e) The practice of counseling alcohol and drugabusers;

3. Allowing the unauthorized use of a license orcertificate issued pursuant to this chapter;

4. Professional incompetence;

5. The habitual use of alcohol or any other drug thatimpairs the ability of a licensed or certified counselor or certified intern toengage in the practice of counseling alcohol and drug abusers;

6. Engaging in the practice of counseling alcohol anddrug abusers with an expired, suspended or revoked license or certificate; and

7. Engaging in behavior that is contrary to theethical standards as set forth in the regulations of the Board.

(Added to NRS by 1999, 3057; A 2003, 2716)

NRS 641C.710 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person, the Board shall deem thelicense or certificate to be suspended at the end of the 30th day after thedate on which the court order was issued unless the Board receives a letterissued to the person by the district attorney or other public agency pursuantto NRS 425.550 stating that the personhas complied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. Except as otherwise provided in NRS 641C.530, the Board shall reinstate alicense or certificate that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that theperson has complied with the subpoena or warrant or has satisfied the arrearagepursuant 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 ofany ground for initiating disciplinary action against a person engaging in thepractice of counseling alcohol and drug abusers in this State shall, and anyother person who is so aware may, file a written complaint specifying therelevant facts with the Board. The complaint must specifically charge one ormore 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 internhas violated a provision of this chapter or any regulation adopted pursuant tothis chapter, it may:

(a) Administer a public reprimand;

(b) Suspend his license or certificate and imposeconditions for the removal of the suspension;

(d) If he is a licensed or certified counselor, requirehim to be supervised by another person while he engages in the practice ofcounseling alcohol and drug abusers;

(e) Require him to participate in treatment orcounseling and pay the expenses of that treatment or counseling;

(f) Require him to pay restitution to any personadversely 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 byparagraphs (a) to (g), inclusive.

3. If his license or certificate is revoked orsuspended pursuant to subsection 2, the licensed or certified counselor orcertified intern may apply to the Board for reinstatement of the suspendedlicense or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of hisrevoked license or certificate. The Board may accept or reject the applicationand may require the successful completion of an examination as a condition ofreinstatement of the license or certificate.

4. The Board shall not administer a private reprimand.

5. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1999, 3057; A 2003, 3459; 2005, 795)

NRS 641C.730 Subpoenas:Issuance; enforcement; penalty for failure to obey.

1. The Board may issue subpoenas for the attendance ofwitnesses and the production of books and papers.

2. The district court, in and for the county in whicha hearing is held, may compel the attendance of witnesses, the giving oftestimony and the production of books and papers as required by a subpoenaissued by the Board.

3. If a witness refuses to attend or testify or toproduce any books or papers required by a subpoena, the Board may file apetition ex parte with the district court, setting forth that:

(a) Notice has been given of the time and place for theattendance of the witness or the production of the books or papers;

(b) The witness has been subpoenaed by the Boardpursuant to this section;

(c) The witness has failed or refused to attend orproduce the books or papers required by the subpoena before the Board in thecause or proceeding named in the subpoena, or has refused to answer questionspropounded to him in the course of the hearing; and

(d) The Board therefore requests an order of the courtcompelling the witness to attend and testify or produce the books and papersbefore the Board.

4. The court, upon such a petition, shall enter anorder directing the witness to appear before the court at a time and placefixed by the court in the order, and to show cause why he has not attended ortestified or produced the books or papers before the Board. The time may not bemore than 10 days after the date of the order. A certified copy of the ordermust be served upon the witness.

5. If the court determines that the subpoena wasregularly issued by the Board, the court shall enter an order that the witnessappear before the Board at the time and place fixed in the order, and testifyor produce the required books or papers. The failure to obey the order is acontempt of the court that issued it.

(Added to NRS by 1999, 3059)

NRS 641C.740 Paymentof fees and mileage for witnesses. Eachwitness who appears by an order of the Board is entitled to receive for hisattendance the same fees and mileage allowed by law to a witness in a civilcase. The amount must be paid by the party who requested the subpoena. If awitness who has not been required to attend at the request of any party issubpoenaed by the Board, his fees and mileage must be paid from the money ofthe Board.

(Added to NRS by 1999, 3059)

NRS 641C.750 Depositionof witnesses; taking of evidence in another jurisdiction. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

NRS 641C.760 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 1999, 3058; A 2003, 3460; 2005, 796)

UNLAWFUL ACTS; REMEDIES; PENALTIES

NRS 641C.900 Unlawfulto engage in practice of counseling alcohol and drug abusers or problemgamblers without being licensed or certified; exceptions.

1. Except as otherwise provided in subsection 2, aperson shall not engage in the practice of counseling alcohol and drug abusersor the practice of counseling problem gamblers unless he is a licensedcounselor, certified counselor or certified intern.

2. A person may engage in the practice of counselingalcohol and drug abusers under the supervision of a licensed counselor or thepractice of counseling problem gamblers under the supervision of a certifiedcounselor for not more than 30 days if that person:

(a) Is qualified to be licensed or certified pursuantto the provisions of this chapter; and

(b) Submits an application to the Board for a licenseor certificate pursuant to the provisions of this chapter.

(Added to NRS by 1999, 3054; A 2003, 1422)

NRS 641C.910 Unlawfulto engage in certain acts, use certain titles or make certain representationswithout being licensed or certified; civil action for injunctive relief.

1. A person shall not:

(a) Hold himself out to a member of the general publicas an alcohol and drug abuse counselor, alcohol and drug abuse counselorintern, 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, substanceabuse counselor, problem gambling counselor, problem gambling counselorintern, gambling counselor, detoxification technician or any similar titlein connection with his work; or

unless he islicensed or certified by the Board pursuant to the provisions of this chapteror a regulation adopted pursuant to NRS641C.500.

2. If the Board believes that any person has violatedor is about to violate any provision of this chapter or a regulation adoptedpursuant thereto, it may bring an action in a court of competent jurisdictionto enjoin the person from engaging in or continuing the violation. Aninjunction:

(a) May be issued without proof of actual damagesustained by any person.

(b) Does not prevent the criminal prosecution andpunishment of a person who violates a provision of this chapter or a regulationadopted pursuant thereto.

(Added to NRS by 1999, 3060; A 2003, 1167, 1422)

NRS 641C.950 Penalties. A person who violates any provision of this chapter or aregulation adopted pursuant thereto is guilty of a misdemeanor.

(Added to NRS by 1999, 3058; A 2003, 1168)

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.