Chapter 641A — Marriage and Family Therapists


CHAPTER 641A - MARRIAGE AND FAMILY THERAPISTS

GENERAL PROVISIONS

NRS 641A.010         Legislative declaration.

NRS 641A.020         Definitions.

NRS 641A.030         “Board” defined.

NRS 641A.040         “License” defined.

NRS 641A.050         “Licensee” defined.

NRS 641A.060         “Marriage and family therapist” defined.

NRS 641A.080         “Practice of marriage and family therapy” defined.

BOARD OF EXAMINERS FOR MARRIAGE AND FAMILY THERAPISTS

NRS 641A.090         Creation; number and appointment of members.

NRS 641A.100         Qualifications of members; representative of general public not to participate in examination; removal for misconduct.

NRS 641A.110         Eligibility for membership.

NRS 641A.130         Meetings; quorum.

NRS 641A.140         Officers.

NRS 641A.150         Duties of Secretary-Treasurer.

NRS 641A.160         Regulations.

NRS 641A.170         General powers.

NRS 641A.180         Courses of study: Regulations specifying criteria; evaluation.

NRS 641A.185         Subpoenas: Issuance; enforcement; penalty for failure to obey.

NRS 641A.191         Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; communication and cooperation with other agencies.

NRS 641A.200         Compensation of members and employees.

LICENSING; FEES

NRS 641A.210         Application and fee.

NRS 641A.215         Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [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.]

NRS 641A.215         Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [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.]

NRS 641A.220         Qualifications of applicant.

NRS 641A.230         Examinations.

NRS 641A.235         License: Issuance; expiration; proration of fee.

NRS 641A.260         Renewal: Application; fee; continuing education.

NRS 641A.265         Waiver of requirements for continuing education.

NRS 641A.270         Automatic revocation of license for failure to pay biennial fee for registration; reinstatement.

NRS 641A.280         Reinstatement of license after lapse.

NRS 641A.285         Inactive license.

NRS 641A.290         Fees.

NRS 641A.300         Deposit and expenditure of money.

DISCIPLINARY ACTION

NRS 641A.310         Grounds for denial, suspension or revocation of license.

NRS 641A.313         Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [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.]

NRS 641A.315         Examination to determine competence.

NRS 641A.320         Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641A.330         Filing of complaint.

NRS 641A.340         Notice of hearing.

NRS 641A.360         Decision of Board.

NRS 641A.370         Rehearing: Time for application.

NRS 641A.400         Reinstatement of license after revocation.

UNLAWFUL ACTS; PENALTIES

NRS 641A.410         Unlawful representation and practice as marriage and family therapist without license; exceptions.

NRS 641A.430         Unlawful to use certain terms without license.

NRS 641A.440         Penalty.

NRS 641A.450         Injunctive relief.

_________

 

GENERAL PROVISIONS

      NRS 641A.010  Legislative declaration.  The practice of marriage and family therapy is hereby declared a learned profession, profoundly affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.

      (Added to NRS by 1973, 486; A 1987, 2124)

      NRS 641A.020  Definitions.  As used in this chapter, unless the context otherwise requires, words and terms defined in NRS 641A.030 to 641A.080, inclusive, have the meanings assigned to them in such sections.

      (Added to NRS by 1973, 486)

      NRS 641A.030  “Board” defined.  “Board” means the Board of Examiners for Marriage and Family Therapists.

      (Added to NRS by 1973, 486; A 1987, 2124)

      NRS 641A.040  “License” defined.  “License” means a license issued by the Board pursuant to this chapter to practice as a marriage and family therapist.

      (Added to NRS by 1973, 486; A 1987, 2124)

      NRS 641A.050  “Licensee” defined.  “Licensee” means a person licensed as a marriage and family therapist by the Board.

      (Added to NRS by 1973, 486; A 1987, 2124)

      NRS 641A.060  “Marriage and family therapist” defined.  “Marriage and family therapist” means a person who describes himself or his services to the public by any title or description which incorporates the term “marriage and family therapist” or “marriage and family counselor,” and under such a title offers to render or renders services to any person.

      (Added to NRS by 1973, 486; A 1987, 2124)

      NRS 641A.080  “Practice of marriage and family therapy” defined.

      1.  “Practice of marriage and family therapy” means the application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marriage and family therapy. The application of these principles includes:

      (a) Diagnosis, therapy, treatment, counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.

      (b) Conducting research concerning problems related to marital relationships and human behavior.

      (c) Consultation with other persons engaged in the practice of marriage and family therapy if the consultation is determined by the Board to include the application of any of these principles.

      2.  The term does not include:

      (a) The diagnosis or treatment of a psychotic disorder; or

      (b) The use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude, interests or addictions.

      (Added to NRS by 1973, 486; A 1987, 2124; 1989, 1202; 1999, 795)

BOARD OF EXAMINERS FOR MARRIAGE AND FAMILY THERAPISTS

      NRS 641A.090  Creation; number and appointment of members.  The Board of Examiners for Marriage and Family Therapists, consisting of six members appointed by the Governor, is hereby created.

      (Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124)

      NRS 641A.100  Qualifications of members; representative of general public not to participate in examination; removal for misconduct.

      1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and

      (b) Two members who are representatives of the general public. These members must not be:

             (1) A marriage and family therapist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist.

      2.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      3.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.

      (Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124; 2003, 1198)

      NRS 641A.110  Eligibility for membership.  A person is not eligible for appointment or to hold office as a member of the Board unless he is:

      1.  A citizen of the United States.

      2.  A resident of Nevada.

      (Added to NRS by 1973, 487; A 1977, 1259)

      NRS 641A.130  Meetings; quorum.  The Board shall meet at least once every 6 months at a time and place fixed by the Board. The Board shall hold a special meeting upon a call of the President or upon a request by a majority of the members. Three members of the Board constitute a quorum.

      (Added to NRS by 1973, 487; A 1987, 2125)

      NRS 641A.140  Officers.  At the regular meeting the Board shall elect from its membership a President, a Vice President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      (Added to NRS by 1973, 487; A 1987, 2125)

      NRS 641A.150  Duties of Secretary-Treasurer.  The Secretary-Treasurer shall make and keep on behalf of the Board, the following:

      1.  A record of all meetings and proceedings.

      2.  A record of all examinations and applicants.

      3.  A register of all licenses and licensees.

      4.  An inventory of the property of the Board and of the State in the Board’s possession.

      (Added to NRS by 1973, 487; A 1987, 2125)

      NRS 641A.160  Regulations.  The Board shall adopt regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensing of applicants, the granting, refusal, revocation or suspension of licenses and the practice of marriage and family therapy as it applies to this chapter.

      (Added to NRS by 1973, 487; A 1987, 2125)

      NRS 641A.170  General powers.  The Board shall under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of the applicants for licensing.

      2.  License qualified applicants.

      3.  Revoke or suspend licenses.

      4.  Establish requirements for continuing education.

      5.  Collect all fees and make disbursements pursuant to this chapter.

      (Added to NRS by 1973, 487; A 1987, 2125)

      NRS 641A.180  Courses of study: Regulations specifying criteria; evaluation.  The Board shall:

      1.  Adopt regulations specifying the criteria for courses of study that are sufficient for the purposes of licensing; and

      2.  Determine which schools in and out of this State have courses of study for the preparation of marriage and family therapy which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.

      (Added to NRS by 1973, 487; A 1987, 2126; 1989, 1570)

      NRS 641A.185  Subpoenas: Issuance; enforcement; penalty for failure to obey.

      1.  The Board or any member thereof may issue subpoenas for the attendance of witnesses and the production of books and papers.

      2.  The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.

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

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

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

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

      (d) The Board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.

      4.  The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and then and there to show cause why he has not attended or testified or produced the books or papers before the Board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.

      5.  If the court determines that the subpoena was regularly issued by the Board, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order, and testify or produce the required books or papers. Failure to obey the order is a contempt of the court that issued the order.

      (Added to NRS by 1999, 794)

      NRS 641A.191  Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; communication and cooperation with other agencies.

      1.  Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  This section does not prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.

      (Added to NRS by 1989, 1569; A 2003, 3458)

      NRS 641A.200  Compensation of members and employees.

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

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

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees and penalties paid or transmitted to the Board pursuant to the provisions of this chapter, and no part thereof may be paid out of the State Treasury.

      (Added to NRS by 1973, 488; A 1975, 306; 1981, 1994; 1989, 1703)

LICENSING; FEES

      NRS 641A.210  Application and fee.  Each person desiring a license must apply to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and all information required to complete the application.

      (Added to NRS by 1973, 488; A 1987, 2126; 1997, 2154; 2005, 2757, 2807)

      NRS 641A.215  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license as a marriage and family therapist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a marriage and family therapist shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a marriage and family therapist may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2154; A 2005, 2758, 2807)

      NRS 641A.215  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a marriage and family therapist shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a marriage and family therapist may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2154; A 2005, 2758, 2807, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 641A.220  Qualifications of applicant.  Each applicant must furnish evidence satisfactory to the Board that he:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has completed his residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

      5.  Has at least 1 year of postgraduate experience in marriage and family therapy deemed satisfactory to the Board; and

      6.  Holds an undergraduate degree from an accredited institution approved by the Board.

      (Added to NRS by 1973, 488; A 1977, 1567; 1987, 2126; 1989, 1570)

      NRS 641A.230  Examinations.

      1.  Except as otherwise provided in subsection 2, each qualified applicant for a license must be given a written examination by the Board on his knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine. A grade of 70 percent is a passing grade.

      2.  The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the American Association for Marriage and Family Therapy in lieu of requiring a written examination pursuant to subsection 1.

      3.  In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine in whatever applied or theoretical fields it deems appropriate.

      (Added to NRS by 1973, 488; A 1987, 2126; 1989, 1203; 1991, 379)

      NRS 641A.235  License: Issuance; expiration; proration of fee.

      1.  The Board shall issue a license to an applicant who meets the requirements imposed pursuant to this chapter.

      2.  A license expires on January 1 of each year.

      3.  The Board may prorate the fee for a license which expires less than 6 months after the date of issuance.

      (Added to NRS by 1987, 2123; A 1989, 1570)

      NRS 641A.260  Renewal: Application; fee; continuing education.

      1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for renewal set by the Board;

      (c) Submit evidence to the Board of his completion of the requirements for continuing education; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

      (Added to NRS by 1973, 489, 490; A 1985, 548; 1987, 2127; 1997, 2155; 2005, 2759, 2807)

      NRS 641A.265  Waiver of requirements for continuing education.  The Board may waive all or part of the requirement of continuing education in a particular year if the marriage and family therapist was prevented from fulfilling the requirement by circumstances beyond his control.

      (Added to NRS by 1989, 1202)

      NRS 641A.270  Automatic revocation of license for failure to pay biennial fee for registration; reinstatement.  Failure to pay the fee for renewal automatically effects a revocation of the license on the date of expiration of the license. The license may not be reinstated except upon:

      1.  Written application;

      2.  Submission of evidence of the completion of the required continuing education for the period the license was revoked; and

      3.  The payment of the fee for renewal and the fee for reinstatement required by this chapter.

      (Added to NRS by 1973, 490; A 1987, 2127; 1989, 1570)

      NRS 641A.280  Reinstatement of license after lapse.  After a license has lapsed continuously for 5 years, a person applying for reinstatement of a license must reapply under the laws and regulations in effect at the time of application.

      (Added to NRS by 1973, 490; A 1987, 2127)

      NRS 641A.285  Inactive license.

      1.  Upon written request to the Board and payment of the fee prescribed by the Board, a licensee in good standing may have his name and license transferred to an inactive list for a period not to exceed 3 continuous years. A licensee shall not practice marriage and family therapy during the time his license is inactive. If an inactive licensee desires to resume the practice of marriage and family therapy, the Board must reactivate the license upon the:

      (a) Completion of an application for reactivation;

      (b) Payment of the fee for renewal of the license; and

      (c) Demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice.

Ê Except as otherwise provided in subsection 2, the licensee is not required to pay the delinquency fee or the renewal fee for any year while the license was inactive.

      2.  Any license that remains inactive for a period which exceeds 3 continuous years is deemed:

      (a) To effect a revocation for the purposes of NRS 641A.270.

      (b) To have lapsed at the beginning of that period for the purposes of NRS 641A.280.

      3.  The Board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of inactive licenses and any requirement of continuing education for inactive licensees.

      (Added to NRS by 1989, 1201)

      NRS 641A.290  Fees.  The Board shall charge and collect not more than the following fees, respectively:

 

For application for a license................................................................................... $75

For examination of an applicant for a license....................................................... 200

For issuance of a license.......................................................................................... 50

For annual renewal of a license.............................................................................. 150

For reinstatement of a license revoked for nonpayment of the fee for renewal 100

For an inactive license............................................................................................. 150

 

      (Added to NRS by 1973, 490; A 1985, 651; 1987, 2127; 1989, 1202)

      NRS 641A.300  Deposit and expenditure of money.  All money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of Board members and for other necessary or proper purposes in the administration of this chapter.

      (Added to NRS by 1973, 490; A 1999, 1536)

DISCIPLINARY ACTION

      NRS 641A.310  Grounds for denial, suspension or revocation of license.  The Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:

      1.  Conviction of a felony relating to the practice of marriage and family therapy or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

      2.  Habitual drunkenness or addiction to the use of a controlled substance.

      3.  Impersonating a licensed marriage and family therapist or allowing another person to use his license.

      4.  Using fraud or deception in applying for a license or in passing the examination provided for in this chapter.

      5.  Rendering or offering to render services outside the area of his training, experience or competence.

      6.  Committing unethical practices contrary to the interest of the public as determined by the Board.

      7.  Unprofessional conduct as determined by the Board.

      8.  Negligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.

      (Added to NRS by 1973, 489; A 1987, 1571, 2127; 2003, 2716)

      NRS 641A.313  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Expires by limitation 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a marriage and family therapist, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license as a marriage and family therapist that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2154; A 2005, 2807)

      NRS 641A.315  Examination to determine competence.

      1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist has raised a reasonable question as to his competence to practice therapy with reasonable skill and safety, it may order the marriage and family therapist to undergo:

      (a) A mental or physical examination administered by an appropriately licensed provider of health care;

      (b) An examination testing his competence to practice therapy; or

      (c) Any other examination designated by the Board,

Ê to assist the Board or committee in determining the fitness of the marriage and family therapist to practice therapy.

      2.  For the purposes of this section:

      (a) Every therapist who applies for a license or who is licensed pursuant to this chapter is deemed to have given his consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.

      (b) The testimony and reports of the examining provider of health care are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a therapist licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him.

      4.  The Board may require the marriage and family therapist to pay the cost of the examination.

      (Added to NRS by 1989, 1201)

 

      NRS 641A.320  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  The Board may discipline the holder of any license whose default has been entered or who has been heard by the Board and found guilty, by any of the following methods:

      (a) Placing him upon probation for a period to be determined by the Board.

      (b) Suspending his license for not more than 1 year.

      (c) Revoking his license.

      (d) Administering a public reprimand.

      (e) Limiting his practice.

      (f) Imposing an administrative fine of not more than $5,000.

      (g) Requiring him to complete successfully another examination.

      2.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1973, 489; A 1987, 2128; 1999, 79; 2003, 3459)

      NRS 641A.330  Filing of complaint.

      1.  A complaint may be made against a licensee by an agency or inspector employed by the Board, any other licensee or any aggrieved person, charging one or more of the causes for which the license may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.

      2.  A complaint must be made in writing and signed and verified by the person making it. The original complaint and two copies must be filed with the Secretary-Treasurer.

      (Added to NRS by 1973, 489; A 1987, 2128)

      NRS 641A.340  Notice of hearing.  As soon as practicable after the filing of a complaint, the Board shall fix a date for the hearing on the matter, which date must not be less than 30 days after the filing of the complaint. The Secretary-Treasurer shall immediately notify the licensee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint must be attached to the notice.

      (Added to NRS by 1973, 489; A 1987, 2128)

      NRS 641A.360  Decision of Board.  Upon conclusion of the hearing or as soon as practicable thereafter, the Board shall make and announce its decision.

      (Added to NRS by 1973, 490)

      NRS 641A.370  Rehearing: Time for application.  If the Board revokes or suspends a license for a fixed time, the licensee may apply for a rehearing within 10 days after the date of the suspension or revocation and the Board may grant the application upon the terms and conditions it deems appropriate within 30 days after the application.

      (Added to NRS by 1973, 490; A 1987, 2128)

      NRS 641A.400  Reinstatement of license after revocation.  One year after the date of a revocation of a license, application may be made to the Board for reinstatement. The Board has complete discretion to accept or reject an application for reinstatement and may require examination for reinstatement.

      (Added to NRS by 1973, 490; A 1987, 2129)

UNLAWFUL ACTS; PENALTIES

      NRS 641A.410  Unlawful representation and practice as marriage and family therapist without license; exceptions.

      1.  It is unlawful for any person to engage in the practice of marriage and family therapy unless he is licensed under the provisions of this chapter.

      2.  The provisions of this chapter do not:

      (a) Prevent any licensed physician, licensed nurse, licensed psychologist, certified alcohol or drug abuse counselor or other person licensed or certified by the State from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.

      (b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the Board if the activity or service constitutes a part of the student’s supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title “intern in marriage and family therapy” or any other title which clearly indicates his status as a student.

      (c) Apply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist.

      (d) Apply to a licensed or ordained minister in good standing with his denomination whose duty is primarily to serve his congregation and whose practice of marriage and family therapy is incidental to his other duties if he does not hold himself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.

      (Added to NRS by 1973, 490; A 1987, 2129; 1989, 1548, 1570)

      NRS 641A.430  Unlawful to use certain terms without license.  It is unlawful for any person, other than a person licensed under this chapter, to employ or use the term “marriage and family counselor,” “marriage and family therapist,” “marital adviser,” “marital therapist,” or “marital consultant,” or any similar title in connection with his work, or in any way imply that he is licensed by the Board, unless he is licensed under this chapter.

      (Added to NRS by 1973, 491; A 1987, 2130)

      NRS 641A.440  Penalty.  Any person who violates any of the provisions of this chapter or, having had his license suspended or revoked, continues to represent himself as a marriage and family therapist shall be punished by imprisonment in the county jail for not more than 1 year or by a fine of not more than $5,000, or by both fine and imprisonment. Each violation is a separate offense.

      (Added to NRS by 1973, 491; A 1987, 2130)

      NRS 641A.450  Injunctive relief.  A violation of this chapter by a person unlawfully representing himself as a marriage and family therapist may be enjoined by a district court on petition by the Board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself as a marriage and family therapist, the court shall enjoin him from making such a representation until he has been licensed. Procedure in such cases is the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.

      (Added to NRS by 1973, 491; A 1987, 2130)