NRS 641.175 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 641.175 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 641.180 Examinations;waiver.

NRS 641.190 Licensingof psychologist licensed or certified in another state.

NRS 641.220 Renewal:Application; fee; declaration of areas of competence; continuing education.

NRS 641.225 Psychologistrequired to practice under name that appears on license; affiliation with firm,partnership or corporation authorized under certain circumstances.

DENIAL, SUSPENSION AND REVOCATION OF LICENSES

NRS 641.230 Groundsfor disciplinary action.

NRS 641.240 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 641.242 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate 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 641.243 Serviceof process; publication of notice.

NRS 641.245 Subpoenas.

NRS 641.250 Filingof complaint.

NRS 641.255 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records. [Repealed.]

NRS 641.270 Reviewof complaint by Board.

NRS 641.271 Investigationof complaint by Attorney General; recommendation to Board; action by Board.

NRS 641.272 Mentalor physical examination required by Board; consent to examination;confidentiality of reports; immediate suspension for failure to submit toexamination.

NRS 641.273 Examinationregarding competency to practice psychology.

NRS 641.274 Timelimited after suspension of license pending proceedings.

NRS 641.275 Appointmentof hearing officer or panel to conduct hearing or investigation; appeal toBoard; action by Board. [Repealed.]

NRS 641.2755 Rightsof person named in complaint; notification of rights. [Repealed.]

NRS 641.276 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act.

NRS 641.280 Conductof hearing; rights of person named in complaint; continuance. [Repealed.]

NRS 641.285 Proofof actual injury; evidence of conviction or suspension or revocation oflicense; plea of nolo contendere.

NRS 641.300 Rehearing:Time for application. [Repealed.]

NRS 641.310 Rehearing:Notice; procedure; decision. [Repealed.]

NRS 641.312 Judicialreview.

NRS 641.314 Temporaryrestraining order or preliminary injunction pending disciplinary proceedings.

NRS 641.316 Injunction.

NRS 641.318 Immunityof certain persons from civil liability.

NRS 641.320 Procedurefor removing limitation, terminating probation or reinstating license.

FEES AND REVENUE

NRS 641.350 Automaticsuspension of license for failure to pay biennial fee for renewal of license;reinstatement; notice of suspension.

NRS 641.370 Fees.

NRS 641.380 Depositand expenditure of money.

SCOPE OF REGULATION

NRS 641.390 Representationor practice as psychologist without license prohibited; exceptions.

NRS 641.410 Practiceby nonresident as consultant.

UNLAWFUL ACTS

NRS 641.440 Penalty.

_________

GENERAL PROVISIONS

NRS 641.010 Legislativedeclaration. The practice of psychology ishereby declared to be a learned profession, affecting public safety, health andwelfare and subject to regulation to protect the public from the practice ofpsychology by unqualified persons and from unprofessional conduct by personslicensed to practice psychology.

(Added to NRS by 1963, 187; A 1989, 1539)

NRS 641.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS641.021 to 641.027, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1963, 187; A 1973, 787; 1985, 535,1911; 1989, 1540; 1995, 2492)

NRS 641.021 Boarddefined. Board means the Board ofPsychological Examiners.

(Added to NRS by 1985, 1905)

NRS 641.022 Communitydefined. Community means the entire areacustomarily served by psychologists among whom a patient may reasonably choose,not merely the particular area inhabited by the patients of an individualpsychologist or the particular city or place where he has his office.

(Added to NRS by 1985, 1905)

NRS 641.023 Grossmalpractice defined. Gross malpracticemeans malpractice where the failure to exercise the requisite degree of care,diligence or skill consists of:

1. Practicing psychology or psychotherapy with apatient while the psychologist is under the influence of an alcoholic beverageas defined in NRS 202.015 or anycontrolled substance;

2. Gross negligence;

3. Willful disregard of established methods andprocedures in the practice of psychology; or

4. Willful and consistent use of methods and proceduresconsidered by psychologists in the community to be inappropriate or unnecessaryin the cases where used.

(Added to NRS by 1985, 1905; A 1987, 483, 1570, 1576)

NRS 641.024 Malpracticedefined. Malpractice means failure on thepart of a psychologist to exercise the degree of care, diligence and skillordinarily exercised by psychologists in good standing in the community.

(Added to NRS by 1985, 1905)

NRS 641.0245 Patientdefined. Patient means a person who consultsor is examined or interviewed by a psychologist for purposes of diagnosis ortreatment.

(Added to NRS by 1995, 2492)

NRS 641.025 Practiceof psychology defined. Practice ofpsychology means the observation, description, evaluation, interpretation ormodification of human behavior by the application of psychological principles,methods or procedures to prevent or eliminate problematic, unhealthy orundesired behavior and to enhance personal relationships and behavioral andmental health. The term includes, without limitation, such specialized areas ofcompetence as:

1. Psychological testing and the evaluation ofpersonal characteristics, including, without limitation, intelligence,personality, abilities, interests, aptitudes and neuropsychologicalfunctioning;

2. Counseling;

3. Psychoanalysis;

4. Psychotherapy;

5. Hypnosis;

6. Biofeedback;

7. Analysis and therapy relating to behavior;

8. Diagnosis and treatment of mental or emotionaldisorders, alcoholism and substance abuse, including, without limitation,disorders of habit or conduct;

9. Psychological aspects of physical injury, illness,accident or disability; and

10. Evaluation, therapy, remediation and consultationrelating to the academic performance of the patient.

(Added to NRS by 1985, 1906; A 1995, 2493; 1999, 204)

NRS 641.026 Professionalincompetence defined. Professional incompetencemeans lack of ability to practice psychology safely and skillfully arisingfrom:

1. Lack of knowledge or training;

2. Impaired physical or mental ability; or

3. Dependence upon an alcoholic beverage as defined inNRS 202.015 or any controlled substance.

(Added to NRS by 1985, 1906; A 1987, 483, 1570, 1577)

NRS 641.027 Psychologistdefined. Psychologist means a person who:

1. Is a graduate of an academic program approved bythe Board and is qualified to practice psychology by reason of education,practical training and experience determined by the Board to be satisfactory;and

2. Has received from the Board a license to practicepsychology.

(Added to NRS by 1985, 1906; A 1989, 1540)

NRS 641.029 Applicabilityof chapter. The provisions of this chapter donot apply to:

1. A physician who is licensed to practice in thisState;

2. A person who is licensed to practice dentistry inthis State;

3. A person who is licensed as a marriage and familytherapist pursuant to chapter 641A of NRS;

4. A person who is licensed to engage in social workpursuant to chapter 641B of NRS;

5. A person who is licensed as an occupationaltherapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

6. A person who is licensed or certified as an alcoholand drug abuse counselor or certified as an alcohol and drug abuse counselorintern, a problem gambling counselor or a problem gambling counselor internpursuant to chapter 641C of NRS; or

7. Any clergyman,

if such aperson does not commit an act described in NRS641.440 or represent himself as a psychologist.

(Added to NRS by 1985, 1906; A 1987, 1122, 2123,2134; 1989, 1540; 1991, 991; 1993, 1890; 1995, 2493; 1999, 1887, 3060; 2003, 1416)

BOARD OF PSYCHOLOGICAL EXAMINERS

NRS 641.030 Creation;number and appointment of members. The Boardof Psychological Examiners, consisting of five members appointed by theGovernor, is hereby created.

(Added to NRS by 1963, 188; A 1977, 1258)

NRS 641.035 Termsof members; limitation on consecutive terms. Afterthe initial term, the Governor shall appoint each member of the Board to a termof 4 years. No member of the Board may serve more than two consecutive terms.

(Added to NRS by 1989, 1539; A 1991, 495)

NRS 641.040 Qualificationsof members; representative of general public; conflict of interest.

1. The Governor shall appoint to the Board:

(a) Four members who are licensed psychologists in theState of Nevada with at least 5 years of experience in the practice ofpsychology after being licensed.

(b) One member who is a representative of the generalpublic.

2. A person is not eligible for appointment unless heis:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada.

3. The member who is a representative of the generalpublic:

(a) Shall not participate in preparing, conducting orgrading any examination required by the Board.

(b) Must not be a psychologist, an applicant or formerapplicant for licensure as a psychologist, a member of a health profession, thespouse or the parent or child, by blood, marriage or adoption, of apsychologist, or a member of a household that includes a psychologist.

4. Board members must not have any conflicts ofinterest or the appearance of such conflicts in the performance of their dutiesas members of the Board.

(Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540;2003, 1197)

NRS 641.070 Meetings;quorum. The Board shall hold a regular meetingat least once a year. The Board shall hold a special meeting upon a call of thePresident or upon the request of a majority of the members. A majority of theBoard constitutes a quorum.

(Added to NRS by 1963, 188; A 1999, 204)

NRS 641.080 Officers. At the regular annual meeting, the Board shall elect fromits membership a President and a Secretary-Treasurer, who shall hold office for1 year and until the election and qualification of their successors.

(Added to NRS by 1963, 188)

NRS 641.085 Seal. The Board shall procure a seal.

(Added to NRS by 1985, 1906)

NRS 641.090 Records:Duties of Secretary-Treasurer; custody and inspection; confidentiality;exceptions.

1. The Secretary-Treasurer shall make and keep onbehalf of the Board:

(a) A record of all its meetings and proceedings.

(b) A record of all violations and prosecutions underthe provisions of this chapter.

(d) A register of all licenses.

(e) A register of all holders of licenses.

(f) An inventory of the property of the Board and ofthe State in the Boards possession.

2. These records must be kept in the office of theBoard and, except as otherwise provided in this section, are subject to publicinspection during normal working hours upon reasonable notice.

3. The Board may keep the personnel records ofapplicants confidential.

4. 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.

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

6. 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 is investigatinga person, including, without limitation, a law enforcement agency.

(Added to NRS by 1963, 188; A 1979, 1352; 1989, 1540;2003, 3457; 2005, 787)

NRS 641.100 Rulesand regulations. The Board may make andpromulgate rules and regulations not inconsistent with the provisions of thischapter governing its procedure, the examination and licensure of applicants,the granting, refusal, revocation or suspension of licenses, and the practiceof psychology.

(Added to NRS by 1963, 189; A 1989, 1541)

NRS 641.110 Generalpowers. The Board may, under the provisions ofthis chapter:

1. Examine and pass upon the qualifications of theapplicants for licensure.

2. License qualified applicants.

3. Revoke or suspend licenses.

4. Collect all fees and make disbursements pursuant tothis chapter.

(Added to NRS by 1963, 189; A 1989, 1541)

NRS 641.112 Dutyof licensee to limit practice to areas of competence; enforcement andregulation by Board.

1. A licensed psychologist shall limit his practice ofpsychology to his areas of competence, as documented by education, training andexperience.

2. The Board shall ensure, by adopting regulations andenforcing the provisions of this chapter, that licensees limit their practiceof psychology to their areas of competence.

(Added to NRS by 1989, 1539; A 1995, 2494)

NRS 641.113 Registrationof firm, partnership or corporation which engages in or offers to engage in practiceof psychology; regulations; penalty.

1. A firm, partnership or corporation which engages inor offers to engage in the practice of psychology shall register with theBoard.

2. The Board shall adopt regulations which prescribethe requirements for such registration.

3. Any firm, partnership or corporation which violatesthe provisions of subsection 1 is guilty of a gross misdemeanor.

(Added to NRS by 1995, 2492)

NRS 641.115 Offices;employees; payment of expenses.

1. The Board may:

(a) Maintain offices in as many localities in the Stateas it considers necessary to carry out the provisions of this chapter.

(b) Employ attorneys, investigators, consultants,hearings officers and employees necessary to the discharge of its duties.

2. Any expense incurred by the Board may not be paidout of the State General Fund.

(Added to NRS by 1985, 1906)

NRS 641.125 Hearingsand investigations; taking evidence. In amanner consistent with the provisions of chapter622A of NRS, the Board may hold hearings and conduct investigations relatedto its duties under this chapter and take evidence on any matter under inquirybefore it.

(Added to NRS by 1985, 1908; A 2005, 787)

NRS 641.135 Civilliability. A member of the Board or anemployee or agent of the Board is not liable in a civil action for any actperformed in good faith and within the scope of the duties of the Boardpursuant to the provisions of this chapter.

(Added to NRS by 1989, 1539)

NRS 641.140 Compensationof members and employees.

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 state officers and employees generally.

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 state officers and employees generally.

3. Compensation and expenses of the members andemployees of the Board are payable out of the money derived from fees paid ortransmitted to the Board pursuant to the provisions of this chapter, and nopart thereof may be paid out of the State Treasury.

(Added to NRS by 1963, 189; A 1975, 305; 1981, 1994;1985, 1911; 1989, 1702)

LICENSING

NRS 641.160 Applicationand fee. Each person desiring a license mustmake application to the Board upon a form, and in a manner, prescribed by theBoard. The application must be accompanied by the application fee prescribed bythe Board and include all information required to complete the application.

(Added to NRS by 1963, 191; A 1989, 1541; 1997, 2153;2005, 2756, 2807)

NRS 641.170 Qualificationsof applicant; Board to evaluate application and issue statement ofdetermination; contents of statement.

1. Each application must be accompanied by evidencesatisfactory to the Board that the applicant:

(a) Is at least 21 years of age.

(b) Is of good moral character as determined by theBoard.

(d) Has earned a doctorate in psychology from anaccredited educational institution approved by the Board, or has otherdoctorate-level training from an accredited educational institution deemedequivalent by the Board in both subject matter and extent of training.

(e) Has at least 2 years of experience satisfactory tothe Board, 1 year of which must be postdoctoral experience in accordance withthe requirements established by regulations of the Board.

2. Within 120 days after receiving an application andthe accompanying evidence from an applicant, the Board shall:

(a) Evaluate the application and accompanying evidenceand determine whether the applicant is qualified pursuant to this section forlicensure as a psychologist; and

(b) Issue a written statement to the applicant of itsdetermination.

3. The written statement issued to the applicantpursuant to subsection 2 must include:

(a) If the Board determines that the qualifications ofthe applicant are insufficient for licensure, a detailed explanation of thereasons for that determination.

(b) If the applicant has not earned a doctorate inpsychology from an accredited educational institution approved by the Board andthe Board determines that his doctorate-level training from an accreditededucational institution is not equivalent in subject matter and extent oftraining, a detailed explanation of the reasons for that determination.

(Added to NRS by 1963, 191; A 1971, 221; 1977, 1567;1987, 2081; 1989, 1541; 1995, 2494)

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

(a) An applicant for the issuance of a license shallinclude the social security number of the applicant in the applicationsubmitted to the Board.

(b) An applicant for the issuance or renewal of alicense shall submit to the Board the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust 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 or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license may not be issued or renewed by the Boardif 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 contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2152; A 2005, 2756, 2807)

NRS 641.175 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings and expires by limitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand 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 or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license may not be issued or renewed by the Boardif the applicant:

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

(Added to NRS by 1997, 2152; A 2005, 2756, 2757, 2807, 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 641.180 Examinations;waiver.

1. Except as otherwise provided in this section and NRS 641.190, each applicant for a licensemust pass the Examination for the Professional Practice of Psychology in theform administered by the Association of State and Provincial Psychology Boardsand approved for use in this State by the Board. In addition to this writtenexamination, the Board may require an oral examination in whatever applied ortheoretical fields it deems appropriate.

2. The examination must be given at least once a year,and may be given more often if deemed necessary by the Board. The examinationmust be given at a time and place, and under such supervision, as the Board maydetermine.

3. The Board shall notify each applicant of theresults of his written examination and supply him with a copy of all materialinformation about those results provided to the Board by the Association ofState and Provincial Psychology Boards.

4. If an applicant fails the examination, he mayrequest in writing that the Board review his examination.

5. The Board may waive the requirement of a writtenexamination for a person who:

(a) Is licensed in another state;

(b) Has 10 years experience; and

(c) Is a diplomate in the American Board ofProfessional Psychology or a fellow in the American Psychological Association,or who has other equivalent status as determined by the Board.

(Added to NRS by 1963, 191; A 1979, 1352; 1987, 2081;1989, 1541; 1995, 2494; 1999,205)

NRS 641.190 Licensingof psychologist licensed or certified in another state. The Board may:

1. Grant a license without any examination to anyperson certified or licensed by a board of psychological examiners of anotherstate if the Board determines that the requirements in that state are at leastequivalent to the requirements of this chapter.

2. Authorize a psychologist licensed or certifiedpursuant to the laws of another state to practice psychology for 1 year or lessif the psychologist has:

(a) Made application to the Board for licensure;

(b) Met the requirements of education and experiencefor licensure in this State; and

(c) Not been disciplined in another state in connectionwith his license to practice psychology or has not committed any act in anotherstate which is a violation of this chapter.

(Added to NRS by 1963, 191; A 1989, 1542; 1995, 2495)

NRS 641.220 Renewal:Application; fee; declaration of areas of competence; continuing education.

1. To renew a license issued pursuant to this chapter,each person must, on or before the first day of January of each odd-numberedyear:

(a) Apply to the Board for renewal;

(b) Pay the biennial fee for the renewal of a license;

(d) Submit all information required to complete therenewal.

2. Upon renewing his license, the holder of thelicense shall declare his areas of competence, as determined in accordance withNRS 641.112.

3. The Board shall, as a prerequisite for the renewalof a license, require each holder to comply with the requirements forcontinuing education adopted by the Board.

(Added to NRS by 1963, 192; A 1985, 548, 1911; 1989,1542; 1995, 2495; 1997, 2153; 2005, 2757, 2807)

NRS 641.225 Psychologistrequired to practice under name that appears on license; affiliation with firm,partnership or corporation authorized under certain circumstances.

1. Except as otherwise provided in subsection 2, apsychologist may practice only under the name that appears on the license topractice psychology issued to him by the Board.

2. A psychologist may associate himself with a firm,partnership or corporation which engages in or offers to engage in the practiceof psychology if:

(a) The firm, partnership or corporation is registeredwith the Board; and

(b) The name and license of each psychologistassociated with the firm, partnership or corporation is displayed conspicuouslyat the place where he practices psychology.

(Added to NRS by 1995, 2492)

DENIAL, SUSPENSION AND REVOCATION OF LICENSES

NRS 641.230 Groundsfor disciplinary action. The Board may suspendthe license of a psychologist, place a psychologist on probation, revoke thelicense of a psychologist, require remediation for a psychologist or take any otheraction specified by regulation if the Board finds by substantial evidence thatthe psychologist has:

1. Been convicted of a felony relating to the practiceof psychology.

2. Been convicted of any crime or offense thatreflects the inability of the psychologist to practice psychology with dueregard for the health and safety of others.

3. Been convicted of violating any of the provisionsof NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

4. Engaged in gross malpractice or repeatedmalpractice or gross negligence in the practice of psychology.

5. Aided or abetted the practice of psychology by aperson not licensed by the Board.

6. Made any fraudulent or untrue statement to theBoard.

7. Violated a regulation adopted by the Board.

8. Had his license to practice psychology suspended orrevoked or has had any other disciplinary action taken against him by anotherstate or territory of the United States, the District of Columbia or a foreigncountry, if at least one of the grounds for discipline is the same orsubstantially equivalent to any ground contained in this chapter.

9. Failed to report to the Board within 30 days therevocation, suspension or surrender of, or any other disciplinary action takenagainst, a license or certificate to practice psychology issued to him byanother state or territory of the United States, the District of Columbia or aforeign country.

10. Violated or attempted to violate, directly orindirectly, or assisted in or abetted the violation of or conspired to violatea provision of this chapter.

11. Performed or attempted to perform any professionalservice while impaired by alcohol, drugs or by a mental or physical illness,disorder or disease.

12. Engaged in sexual activity with a patient.

13. Been convicted of abuse or fraud in connectionwith any state or federal program which provides medical assistance.

14. Been convicted of submitting a false claim forpayment to the insurer of a patient.

(Added to NRS by 1963, 192; A 1985, 1912; 1987, 1570;1989, 1542; 1993, 795; 1995, 2495; 1999, 205; 2003, 2715; 2005, 787)

NRS 641.240 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board, a panel of its members or a hearingofficer appointed by the Board finds a person guilty in a disciplinaryproceeding, it may:

(a) Administer a public reprimand.

(b) Limit his practice.

(d) Revoke his license.

(e) Impose a fine of not more than $5,000.

(f) Revoke or suspend his license and impose a monetarypenalty.

(g) Suspend the enforcement of any penalty by placinghim on probation. The Board may revoke the probation if the person does notfollow any conditions imposed.

(h) Require the person to submit to the supervision ofor counseling or treatment by a person designated by the Board. The personnamed in the complaint is responsible for any expense incurred.

(i) Impose and modify any conditions of probation forthe protection of the public or the rehabilitation of the probationer.

(j) Require the person to pay for the costs ofremediation or restitution.

2. The Board shall not administer a private reprimand.

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

(Added to NRS by 1963, 192; A 1985, 1913; 1989, 1543;2003, 3457; 2005, 788)

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 who is the holder of alicense issued pursuant to this chapter, the Board shall deem the licenseissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the Board receives a letter issuedto the holder of the license by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license issued pursuantto this chapter 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 whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2153; A 2005, 2807)

NRS 641.243 Serviceof process; publication of notice. Except asotherwise provided in chapter 622A of NRS:

1. Service of process made under this chapter must beeither upon the person or by registered or certified mail with return receiptrequested, addressed to the psychologist at his last known address, asindicated on the records of the Board, if possible. If personal service cannotbe made and if notice by mail is returned undelivered, the Board shall causenotice of hearing to be published once a week for 4 consecutive weeks in anewspaper published in the county of the psychologists last known address or,if no newspaper is published in that county, then in a newspaper widelydistributed in that county.

2. Proof of service of process or publication ofnotice made under this chapter must be filed with the Board and must berecorded in the minutes of the Board.

(Added to NRS by 1985, 1909; A 2005, 789)

NRS 641.245 Subpoenas.

1. The Board, any member thereof, a panel of itsmembers or a hearing officer may issue subpoenas to compel the attendance ofwitnesses and the production of books, papers, documents, the records ofpatients, and any other article related to the practice of psychology.

2. If any witness refuses to attend or testify orproduce any article as required by the subpoena, the Board may file a petitionwith the district court stating that:

(a) Due notice has been given for the time and place ofattendance of the witness or the production of the required articles;

(b) The witness has been subpoenaed pursuant to thissection; and

(c) The witness has failed or refused to attend orproduce the articles required by the subpoena or has refused to answerquestions propounded to him,

and askingfor an order of the court compelling the witness to attend and testify beforethe Board, a panel of its members or a hearing officer, or produce the articlesas required by the subpoena.

3. Upon such a petition, the court shall enter anorder directing the witness to appear before the court at a time and place tobe fixed by the court in its order, the time to be not more than 10 days afterthe date of the order, and then and there show cause why he has not attended ortestified or produced the articles. A certified copy of the order must beserved upon the witness.

4. If it appears to the court that the subpoena wasregularly issued, the court shall enter an order that the witness appear beforethe Board, a panel of its members or a hearing officer at the time and placefixed in the order and testify or produce the required articles, and uponfailure to obey the order the witness must be dealt with as for contempt ofcourt.

(Added to NRS by 1985, 1910)

NRS 641.250 Filingof complaint. The Board or any of its members,any review panel of a hospital or an association of psychologists which becomesaware that any one or combination of the grounds for initiating disciplinaryaction may exist as to a person practicing psychology in this State shall, andany other person who is so aware may, file a written complaint specifying therelevant facts with the Board.

(Added to NRS by 1963, 192; A 1985, 1913)

NRS 641.255 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records. Repealed. (See chapter225, Statutes ofNevada 2005, at page 807.)

NRS 641.270 Reviewof complaint by Board. When a complaint isfiled with the Board, it shall review the complaint. If, from the complaint orfrom other official records, it appears that the complaint is not frivolous,the Board shall transmit the original complaint, along with further facts orinformation derived from the review, to the Attorney General.

(Added to NRS by 1963, 192; A 1985, 1913)

NRS 641.271 Investigationof complaint by Attorney General; recommendation to Board; action by Board.

1. The Attorney General shall conduct an investigationof each complaint transmitted to him by the Board to determine whether itwarrants proceedings for the modification, suspension or revocation of thecertificate. If he determines that further proceedings are warranted, he shallreport the results of his investigation together with his recommendation to theBoard in a manner which does not violate the right of the person charged in thecomplaint to due process in any later hearing on the complaint.

2. The Board shall promptly make a determination withrespect to each complaint reported to it by the Attorney General. The Boardshall:

(a) Dismiss the complaint; or

(b) Proceed with appropriate disciplinary action.

(Added to NRS by 1985, 1907)

NRS 641.272 Mentalor physical examination required by Board; consent to examination;confidentiality of reports; immediate suspension for failure to submit toexamination.

1. Notwithstanding the provisions of chapter 622A of NRS, the Board may require theperson named in a complaint to submit to a mental examination conducted by apanel of three psychologists designated by the Board or a physical examinationconducted by a physician designated by the Board.

2. Every psychologist licensed under this chapter whoaccepts the privilege of practicing psychology in this State shall be deemed tohave given his consent to submit to a mental or physical examination whendirected to do so in writing by the Board. The testimony or reports of theexamining psychologists or physician are privileged communications, except asto proceedings conducted pursuant to this chapter.

3. Except in extraordinary circumstances, asdetermined by the Board, the failure of a psychologist to submit to anexamination as provided in this section constitutes grounds for the immediatesuspension of his license.

(Added to NRS by 1985, 1907; A 1989, 1544; 2005, 789)

NRS 641.273 Examinationregarding competency to practice psychology. Notwithstandingthe provisions of chapter 622A of NRS, ifthe Board has reason to believe that the conduct of any psychologist has raiseda reasonable question as to his competence to practice psychology withreasonable skill and safety to patients, the Board may require him to take awritten or oral examination to determine whether he is competent to practicepsychology. If an examination is required, the reasons therefor must bedocumented and made available to the psychologist being examined.

(Added to NRS by 1985, 1908; A 2005, 789)

NRS 641.274 Timelimited after suspension of license pending proceedings. Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel ofits members or a hearing officer issues an order suspending the license of a psychologistpending proceedings for disciplinary action and requires the psychologist tosubmit to a mental or physical examination or an examination of his competencyto practice psychology, the examination must be conducted and the resultsobtained within 60 days after the Board, panel of its members or hearingofficer issues the order.

(Added to NRS by 1985, 1908; A 1989, 1544; 2005, 789)

NRS 641.275 Appointmentof hearing officer or panel to conduct hearing or investigation; appeal toBoard; action by Board. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

NRS 641.2755 Rightsof person named in complaint; notification of rights. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

NRS 641.276 Commencementof disciplinary proceedings required for certain violations of IndustrialInsurance Act. Notwithstanding the provisionsof chapter 622A of NRS, if the Boardreceives a report pursuant to subsection 5 of NRS228.420, a disciplinary proceeding regarding the report must be commencedwithin 30 days after the Board receives the report.

(Added to NRS by 1985, 1909; A 1989, 1544; 1993, 796;2005, 790)

NRS 641.280 Conductof hearing; rights of person named in complaint; continuance. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

NRS 641.285 Proofof actual injury; evidence of conviction or suspension or revocation oflicense; plea of nolo contendere. Notwithstandingthe provisions of chapter 622A of NRS, inany disciplinary proceeding before the Board, a panel of its members or ahearing officer:

1. Proof of actual injury need not be establishedwhere the complaint charges deceptive or unethical professional conduct orpractice of psychology harmful to the public.

2. A certified copy of the record of a court or alicensing agency showing a conviction or the suspension or revocation of alicense to practice psychology is conclusive evidence of its occurrence.

3. The entering of a plea of nolo contendere in acourt of competent jurisdiction shall be deemed a conviction of the offensecharged.

(Added to NRS by 1985, 1909; A 2005, 790)

NRS 641.300 Rehearing:Time for application. Repealed. (See chapter225, Statutes ofNevada 2005, at page 807.)

NRS 641.310 Rehearing:Notice; procedure; decision. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

NRS 641.312 Judicialreview.

1. Any person who has been placed on probation orwhose license has been limited, suspended or revoked is entitled to judicialreview of the order.

2. Every order which limits the practice of psychologyor suspends or revokes a license is effective from the date the Board certifiesthe order until the date the order is modified or reversed by a final judgmentof the court.

3. The district court shall give a petition forjudicial review of the order priority over other civil matters which are notexpressly given priority by law.

(Added to NRS by 1985, 1909; A 1989, 1545, 1659)

NRS 641.314 Temporaryrestraining order or preliminary injunction pending disciplinary proceedings. Notwithstanding the provisions of chapter 622A of NRS:

1. Pending disciplinary proceedings before the Board,a panel of its members or a hearing officer, the court may, upon application bythe Board or the Attorney General, issue a temporary restraining order or apreliminary injunction to enjoin any unprofessional conduct of a psychologistwhich is harmful to the public, to limit the psychologists practice or tosuspend his license to practice psychology, without proof of actual damagesustained by any person, this provision being a preventive as well as apunitive measure.

2. The disciplinary proceedings before the Board, apanel of its members or a hearing officer must be instituted and determined aspromptly as the requirements for investigation of the case reasonably allow.

(Added to NRS by 1985, 1908; A 1989, 1545; 2005, 790)

NRS 641.316 Injunction.

1. The Board through its President orSecretary-Treasurer or the Attorney General may maintain in any court of competentjurisdiction a suit for an injunction against any person practicing psychologywithout a license.

2. Such an injunction:

(a) May be issued without proof of actual damagesustained by any person, this provision being a preventive as well as a punitivemeasure.

(b) Does not relieve any person from criminalprosecution for practicing without a license.

(Added to NRS by 1985, 1911; A 1989, 1546)

NRS 641.318 Immunityof certain persons from civil liability. Inaddition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panelof a hospital, an association of psychologists or any other person who ororganization which initiates a complaint or assists in any lawful investigationor proceeding concerning the licensing of a psychologist or the discipline of apsychologist for gross malpractice, repeated malpractice, professionalincompetence or unprofessional conduct is immune from any civil action for thatinitiation or assistance or any consequential damages, if the person ororganization acted without malicious intent.

(Added to NRS by 1985, 1910; A 1989, 1546; 2005, 790)

NRS 641.320 Procedurefor removing limitation, terminating probation or reinstating license.

1. Any person:

(a) Whose practice of psychology has been limited;

(b) Whose license has been revoked; or

by an orderof the Board, a panel of its members or a hearing officer may apply to theBoard after 1 year for removal of the limitation or termination of theprobation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of hisrevoked license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental orphysical examination conducted by psychologists or by physicians whom it designatesand submit such other evidence of changed conditions and of fitness as itconsiders proper.

(b) Shall determine whether under all the circumstancesthe time of the application is reasonable.

(Added to NRS by 1963, 193; A 1985, 1914; 1989, 1546;2005, 791)

FEES AND REVENUE

NRS 641.350 Automaticsuspension of license for failure to pay biennial fee for renewal of license;reinstatement; notice of suspension.

1. The license of any person who fails to pay thebiennial fee for the renewal of a license within 60 days after the date when itis due is automatically suspended. The Board may, within 2 years after the datethe license is so suspended, reinstate the license upon payment to the Board ofthe amount of the then current biennial fee for the renewal of a license andthe amount of the fee for the restoration of a license so suspended. If thelicense is not reinstated within 2 years, the Board may reinstate the licenseonly if it also determines that the holder of the license is competent to practicepsychology.

2. A notice must be sent to any person who fails topay the biennial fee, informing him that his license is suspended.

(Added to NRS by 1963, 193; A 1985, 1915; 1989, 1547;1995, 2496)

NRS 641.370 Fees.

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

For the writtenexamination, in addition to the actual cost to the Board of the examination $100

For the special oralexamination, in addition to the actual costs to the Board of the examination 100

For the issuance ofan initial license...................................................................... 25

For the biennialrenewal of a license..................................................................... 500

For the restorationof a license suspended for the nonpayment of the biennial fee for the renewalof a license 100

For the registrationof a firm, partnership or corporation which engages in or offers to engage inthe practice of psychology.............................................................................................................................. 300

For the registrationof a nonresident to practice as a consultant..................... 100

2. An applicant who passes the examination and iseligible for a license shall pay the biennial fee for the renewal of a licensewhich must be prorated for the period from the date the license is issued tothe end of the biennium.

3. In addition to the fees set forth in subsection 1,the Board may charge and collect a fee for any other service it provides. Thefee must not exceed the cost to provide the service.

(Added to NRS by 1963, 193; A 1979, 1352; 1985, 1915;1989, 1547; 1995, 2496)

NRS 641.380 Depositand expenditure of money. All money cominginto possession of the Board must be kept or deposited by theSecretary-Treasurer in banks, credit unions or savings and loan associations inthe State of Nevada to be expended for payment of compensation and expenses ofboard members and for other necessary or proper purposes in the administrationof this chapter.

(Added to NRS by 1963, 194; A 1999, 1536)

SCOPE OF REGULATION

NRS 641.390 Representationor practice as psychologist without license prohibited; exceptions.

1. A person shall not represent himself as apsychologist within the meaning of this chapter or engage in the practice ofpsychology unless he is licensed under the provisions of this chapter, exceptthat any psychological scientist employed by an accredited educationalinstitution or public agency which has set explicit standards may representhimself by the title conferred upon him by such institution or agency.

2. This section does not grant approval for any personto offer his services as a psychologist to any other person as a consultant,and to accept remuneration for such psychological services, other than that ofhis institutional salary, unless he has been licensed under the provisions ofthis chapter.

3. This chapter does not prevent the teaching ofpsychology or psychological research, unless the teaching or research involvesthe delivery or supervision of direct psychological services to a person.Persons who have earned a doctoral degree in psychology from an accreditededucational institution may use the title psychologist in conjunction withthe activities permitted by this subsection.

4. A graduate student in psychology whose activitiesare part of the course of study for a graduate degree in psychology at anaccredited educational institution or a person pursuing postdoctoral trainingor experience in psychology to fulfill the requirements for licensure under theprovisions of this chapter may use the terms psychological trainee,psychological intern, psychological resident or psychological assistantif the activities are performed under the supervision of a licensedpsychologist in accordance with the regulations adopted by the Board.

5. A person who is certified as a school psychologistby the State Board of Education may use the title school psychologist orcertified school psychologist in connection with activities relating toschool psychologists.

(Added to NRS by 1963, 189; A 1973, 787; 1989, 1547)

NRS 641.410 Practiceby nonresident as consultant. A psychologist,not a resident of Nevada and not licensed in Nevada, who is certified orlicensed in another state whose requirements for certification or licensure areequivalent to the requirements of this chapter is not subject to the provisionsof this chapter if he does not practice psychology in the State of Nevada forover 30 days in any 1 calendar year, and if he is invited as a consultant by apsychologist licensed in Nevada.

(Added to NRS by 1963, 190; A 1989, 1548)

UNLAWFUL ACTS

NRS 641.440 Penalty. Any person who:

1. Presents as his own the diploma, license or credentialsof another;

2. Gives either false or forged evidence of any kindto the Board or any member thereof, in connection with an application for alicense;

3. Practices psychology under a false or assumed nameor falsely personates another psychologist of a like or different name;

4. Except as provided in NRS 641.390, 641.410 and 641A.410, represents himself as apsychologist, or uses any title or description which incorporates the wordpsychology, psychological, psychologist, psychometry, psychometrics,psychometrist or any other term indicating or implying that he is apsychologist, unless he has been issued a license; or

5. Practices psychology unless he has been issued alicense,

is guilty ofa gross misdemeanor.

(Added to NRS by 1963, 194; A 1967, 643; 1973, 789;1985, 1916; 1989, 1548)

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