2005 Nevada Revised Statutes - Chapter 641A — Marriage and Family Therapists

CHAPTER 641A - MARRIAGE AND FAMILYTHERAPISTS

GENERAL PROVISIONS

NRS 641A.010 Legislativedeclaration.

NRS 641A.020 Definitions.

NRS 641A.030 Boarddefined.

NRS 641A.040 Licensedefined.

NRS 641A.050 Licenseedefined.

NRS 641A.060 Marriageand family therapist defined.

NRS 641A.080 Practiceof 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 Qualificationsof members; representative of general public not to participate in examination;removal for misconduct.

NRS 641A.110 Eligibilityfor membership.

NRS 641A.130 Meetings;quorum.

NRS 641A.140 Officers.

NRS 641A.150 Dutiesof Secretary-Treasurer.

NRS 641A.160 Regulations.

NRS 641A.170 Generalpowers.

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

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

NRS 641A.191 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; communication and cooperationwith other agencies.

NRS 641A.200 Compensationof members and employees.

LICENSING; FEES

NRS 641A.210 Applicationand fee.

NRS 641A.215 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 641A.215 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 641A.220 Qualificationsof 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 Waiverof requirements for continuing education.

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

NRS 641A.280 Reinstatementof license after lapse.

NRS 641A.285 Inactivelicense.

NRS 641A.290 Fees.

NRS 641A.300 Depositand expenditure of money.

DISCIPLINARY ACTION

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

NRS 641A.313 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 641A.315 Examinationto determine competence.

NRS 641A.320 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 641A.330 Filingof complaint.

NRS 641A.340 Noticeof hearing.

NRS 641A.360 Decisionof Board.

NRS 641A.370 Rehearing:Time for application.

NRS 641A.400 Reinstatementof license after revocation.

UNLAWFUL ACTS; PENALTIES

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

NRS 641A.430 Unlawfulto use certain terms without license.

NRS 641A.440 Penalty.

NRS 641A.450 Injunctiverelief.

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GENERAL PROVISIONS

NRS 641A.010 Legislativedeclaration. The practice of marriage and familytherapy is hereby declared a learned profession, profoundly affecting publicsafety and welfare and charged with the public interest, and therefore subjectto 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 otherwiserequires, words and terms defined in NRS641A.030 to 641A.080, inclusive,have the meanings assigned to them in such sections.

(Added to NRS by 1973, 486)

NRS 641A.030 Boarddefined. Board means the Board of Examinersfor Marriage and Family Therapists.

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

NRS 641A.040 Licensedefined. License means a license issued bythe Board pursuant to this chapter to practice as a marriage and familytherapist.

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

NRS 641A.050 Licenseedefined. Licensee means a person licensed asa marriage and family therapist by the Board.

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

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

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

NRS 641A.080 Practiceof marriage and family therapy defined.

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

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

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

(c) Consultation with other persons engaged in thepractice of marriage and family therapy if the consultation is determined bythe 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 psychometricassessment test to determine intelligence, personality, aptitude, interests oraddictions.

(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 Boardof Examiners for Marriage and Family Therapists, consisting of six membersappointed by the Governor, is hereby created.

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

NRS 641A.100 Qualificationsof 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 familytherapists and are in good standing with or acceptable for membership in theirlocal or state societies and associations when they exist; and

(b) Two members who are representatives of the generalpublic. 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 generalpublic shall not participate in preparing, conducting or grading anyexamination required by the Board.

3. The Governor may, after notice and hearing, removeany member of the Board for misconduct in office, incompetence, neglect of dutyor other sufficient cause.

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

NRS 641A.110 Eligibilityfor membership. A person is not eligible forappointment 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 onceevery 6 months at a time and place fixed by the Board. The Board shall hold aspecial meeting upon a call of the President or upon a request by a majority ofthe 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 itsmembership a President, a Vice President and a Secretary-Treasurer, who shallhold office for 1 year and until the election and qualification of theirsuccessors.

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

NRS 641A.150 Dutiesof Secretary-Treasurer. TheSecretary-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 ofthe State in the Boards possession.

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

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

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

NRS 641A.170 Generalpowers. The Board shall under the provisionsof this chapter:

1. Examine and pass upon the qualifications of theapplicants 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 tothis chapter.

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

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

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

2. Determine which schools in and out of this Statehave courses of study for the preparation of marriage and family therapy whichare sufficient for the purposes of licensing. Published lists of educationalinstitutions accredited by recognized accrediting organizations may be used inthe 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 subpoenasfor the attendance of witnesses and the production of books and papers.

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

3. If any witness refuses to attend or testify orproduce 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 or 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 then and there to show cause why he hasnot attended or testified or produced the books or papers before the Board. Thetime may not be more than 10 days after the date of the order. A certified copyof the order must be served upon the witness.

5. If the court determines that the subpoena wasregularly issued by the Board, the court shall thereupon enter an order thatthe 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 orderis a contempt of the court that issued the order.

(Added to NRS by 1999, 794)

NRS 641A.191 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records; communication and cooperationwith other agencies.

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

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

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

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

NRS 641A.200 Compensationof 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 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 andpenalties paid or transmitted to the Board pursuant to the provisions of thischapter, 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 Applicationand fee. Each person desiring a license mustapply to the Board upon a form, and in a manner, prescribed by the Board. The applicationmust be accompanied by the application fee prescribed by the Board and allinformation required to complete the application.

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

NRS 641A.215 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.]

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

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

(b) An applicant for the issuance or renewal of a licenseas a marriage and family therapist 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 or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license as a marriage and family therapist maynot be issued or renewed 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 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, 2154; A 2005, 2758, 2807)

NRS 641A.215 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 supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license as amarriage and family therapist 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 required pursuantto 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 as a marriage and family therapist maynot be issued or renewed 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 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, 2154; A 2005, 2758, 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 641A.220 Qualificationsof applicant. Each applicant must furnishevidence 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 lawfullyentitled to remain and work in the United States;

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

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

6. Holds an undergraduate degree from an accreditedinstitution 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, eachqualified applicant for a license must be given a written examination by theBoard on his knowledge of marriage and family therapy. Examinations must begiven at a time and place and under such supervision as the Board maydetermine. A grade of 70 percent is a passing grade.

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

3. In addition to the requirements of subsections 1and 2, the Board may require an oral examination. The Board may examine inwhatever 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 whomeets 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 whichexpires 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 ofthe requirements for continuing education; and

(d) Submit all information required to complete therenewal.

2. 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 1973, 489, 490; A 1985, 548; 1987,2127; 1997, 2155; 2005,2759, 2807)

NRS 641A.265 Waiverof requirements for continuing education. TheBoard may waive all or part of the requirement of continuing education in aparticular year if the marriage and family therapist was prevented fromfulfilling the requirement by circumstances beyond his control.

(Added to NRS by 1989, 1202)

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

1. Written application;

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

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

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

NRS 641A.280 Reinstatementof license after lapse. After a license haslapsed continuously for 5 years, a person applying for reinstatement of alicense must reapply under the laws and regulations in effect at the time ofapplication.

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

NRS 641A.285 Inactivelicense.

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

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

2. Any license that remains inactive for a periodwhich 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 forthe purposes of NRS 641A.280.

3. The Board may adopt such regulations as it deemsnecessary to carry out the provisions of this section, including withoutlimitation, regulations governing the renewal of inactive licenses and anyrequirement 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 thefollowing fees, respectively:

 

For application for alicense................................................................................... $75

For examination of anapplicant for a license....................................................... 200

For issuance of alicense.......................................................................................... 50

For annual renewal ofa license.............................................................................. 150

For reinstatement of a license revoked for nonpayment of thefee for renewal 100

For an inactivelicense............................................................................................. 150

 

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

NRS 641A.300 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 1973, 490; A 1999, 1536)

DISCIPLINARY ACTION

NRS 641A.310 Groundsfor denial, suspension or revocation of license. TheBoard may refuse to grant a license or may suspend or revoke a license for anyof the following reasons:

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

2. Habitual drunkenness or addiction to the use of acontrolled substance.

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

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

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

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

7. Unprofessional conduct as determined by the Board.

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

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

NRS 641A.313 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.]

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

2. The Board shall reinstate a license as a marriageand family therapist 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, 2154; A 2005, 2807)

NRS 641A.315 Examinationto determine competence.

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

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

(b) An examination testing his competence to practicetherapy; or

(c) Any other examination designated by the Board,

to assistthe Board or committee in determining the fitness of the marriage and family therapistto practice therapy.

2. For the purposes of this section:

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

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

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

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

(Added to NRS by 1989, 1201)

 

NRS 641A.320 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. The Board may discipline the holder of any licensewhose default has been entered or who has been heard by the Board and foundguilty, by any of the following methods:

(a) Placing him upon probation for a period to bedetermined 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 anotherexamination.

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 1973, 489; A 1987, 2128; 1999, 79; 2003, 3459)

NRS 641A.330 Filingof complaint.

1. A complaint may be made against a licensee by anagency or inspector employed by the Board, any other licensee or any aggrievedperson, charging one or more of the causes for which the license may be revokedor suspended with such particularity as to enable the defendant to prepare adefense thereto.

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

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

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

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

NRS 641A.360 Decisionof Board. Upon conclusion of the hearing or assoon 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 orsuspends a license for a fixed time, the licensee may apply for a rehearingwithin 10 days after the date of the suspension or revocation and the Board maygrant the application upon the terms and conditions it deems appropriate within30 days after the application.

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

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

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

UNLAWFUL ACTS; PENALTIES

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

1. It is unlawful for any person to engage in thepractice of marriage and family therapy unless he is licensed under theprovisions 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 otherperson licensed or certified by the State from carrying out the functionspermitted by his respective license or certification if the person does nothold himself out to the public by any title and description of service likelyto cause confusion with the titles and descriptions of service set forth inthis chapter.

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

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

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

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

NRS 641A.430 Unlawfulto use certain terms without license. It isunlawful for any person, other than a person licensed under this chapter, toemploy or use the term marriage and family counselor, marriage and familytherapist, marital adviser, marital therapist, or marital consultant, orany similar title in connection with his work, or in any way imply that he islicensed 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 thischapter or, having had his license suspended or revoked, continues to representhimself as a marriage and family therapist shall be punished by imprisonment inthe 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 Injunctiverelief. A violation of this chapter by aperson unlawfully representing himself as a marriage and family therapist maybe enjoined by a district court on petition by the Board. In any suchproceeding 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 familytherapist, the court shall enjoin him from making such a representation untilhe has been licensed. Procedure in such cases is the same as in any otherapplication for an injunction. The remedy by injunction is in addition tocriminal prosecution and punishment.

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

 

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