2005 Nevada Revised Statutes - Chapter 641B — Social Workers

CHAPTER 641B - SOCIAL WORKERS

GENERAL PROVISIONS

NRS 641B.020 Legislativedeclaration.

NRS 641B.030 Definitions.

NRS 641B.040 Applicabilityof chapter.

BOARD OF EXAMINERS FOR SOCIAL WORKERS

NRS 641B.100 Appointmentby Governor; qualifications.

NRS 641B.110 Expirationof term; replacement.

NRS 641B.120 Officers;elections; meetings; quorum.

NRS 641B.130 Listof licensed social workers to be maintained by Board.

NRS 641B.140 Compensationof members and employees.

NRS 641B.150 Paymentof expenses; deposit of money; delegation of authority to hearing officer orpanel; claim for attorneys fees or costs of investigation.

NRS 641B.160 Regulations.

NRS 641B.170 Confidentialityof certain records of Board; exceptions.

LICENSING; FEES

NRS 641B.200 Preliminaryqualifications.

NRS 641B.202 Submissionof fingerprints.

NRS 641B.203 Applicationto include social security number of applicant. [Repealed.]

NRS 641B.206 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 641B.206 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 641B.210 Associatein social work: Restriction on issuance of new licenses; conditions for renewalof license; supervision of another social worker; promotion.

NRS 641B.220 Socialworker: Qualifications; licensing of associate; supervision of another socialworker.

NRS 641B.230 Independentsocial worker: Qualifications; practice.

NRS 641B.240 Clinicalsocial worker: Qualifications; practice.

NRS 641B.250 Examination;representative of public not to participate in grading.

NRS 641B.260 Hearingon application; refusal to issue license.

NRS 641B.270 Licensingof person licensed in another state.

NRS 641B.275 Provisionallicensure.

NRS 641B.280 Renewal:Application; fee; continuing education.

NRS 641B.290 Delinquentlicenses: Date; notice; renewal; expiration; restoration.

NRS 641B.300 Fees.[Effective until the date 2 years after the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 641B.300 Fees.[Effective on the date 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

DISCIPLINARY ACTION

NRS 641B.400 Groundsfor disciplinary action.

NRS 641B.405 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 641B.410 Filingof written complaint.

NRS 641B.420 Dateof hearing; notice. [Repealed.]

NRS 641B.425 Subpoenas:Issuance; enforcement.

NRS 641B.430 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 641B.440 Rehearing.[Repealed.]

NRS 641B.450 Reinstatementafter revocation.

UNLAWFUL ACTS; PENALTIES

NRS 641B.500 Representationas social worker without license.

NRS 641B.505 Independentand clinical practice of social work without license.

NRS 641B.510 Useof title of licensee or otherwise implying licensure.

NRS 641B.520 Penalty.

NRS 641B.530 Injunctiverelief.

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GENERAL PROVISIONS

NRS 641B.020 Legislativedeclaration. The practice of social work ishereby declared a learned profession, affecting public safety and welfare andcharged with the public interest, and is therefore subject to protection andregulation by the State.

(Added to NRS by 1987, 1116)

NRS 641B.030 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Board means the Board of Examiners for SocialWorkers.

2. Social work means the application of methods,principles and techniques of case work, group work, community organization,administration, planning, consultation and research to assist persons, groupsor communities to enhance or restore their ability to function physically,socially and economically.

3. Clinical social work means the application ofmethods, principles and techniques of case work, group work, communityorganization, administration, planning, consultation, research andpsychotherapeutic methods and techniques to persons, families and groups tohelp in the diagnosis and treatment of mental and emotional conditions.

(Added to NRS by 1987, 1116)

NRS 641B.040 Applicabilityof chapter. The provisions of this chapter donot apply to:

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

2. A nurse who is licensed to practice in this State;

3. A person who is licensed as a psychologist pursuantto chapter 641 of NRS;

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

7. Any clergyman;

8. A county welfare director;

9. Any person who may engage in social work orclinical social work in his regular governmental employment but does not holdhimself out to the public as a social worker; or

10. A student of social work and any other personpreparing for the profession of social work under the supervision of aqualified social worker in a training institution or facility recognized by theBoard, unless the student or other person has been issued a provisional licensepursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must bedesignated by the title student of social work or trainee in social work,or any other title which clearly indicates his training status.

(Added to NRS by 1987, 1116; A 1989, 1549; 1991, 992;1993, 131, 1890; 1995, 634; 1999, 1888, 3061; 2003, 1417)

BOARD OF EXAMINERS FOR SOCIAL WORKERS

NRS 641B.100 Appointmentby Governor; qualifications.

1. The Board of Examiners for Social Workers consistsof five members appointed by the Governor.

2. Four members appointed to the Board must belicensed or eligible for licensure pursuant to this chapter, except the initialmembers who must be eligible for licensure.

3. One member appointed to the Board must be arepresentative of the general public. This member must not be:

(a) Licensed or eligible for licensure pursuant to thischapter; or

(b) The spouse or the parent or child, by blood,marriage or adoption, of a person who is licensed or eligible for licensurepursuant to this chapter.

(Added to NRS by 1987, 1117; A 2003, 1198)

NRS 641B.110 Expirationof term; replacement.

1. Upon expiration of his term of office, a membershall continue to serve until a person qualified pursuant to this chapter isappointed as his successor.

2. If a member fails to attend meetings of the Boardor a member fails to attend to the business of the Board, as determinednecessary in the discretion of the Board, the Board shall so notify theGovernor, and the Governor shall appoint a person qualified pursuant to thischapter to replace the member for the remainder of the unexpired term.

(Added to NRS by 1987, 1117)

NRS 641B.120 Officers;elections; meetings; quorum.

1. The Board shall elect from its members a President,a Vice President and a Secretary-Treasurer, who hold their respective officesat its pleasure.

2. An election of officers must be held annually.

3. The Board shall meet at least once in each quarterof the year and may meet at other times at the call of the President or amajority of its members.

4. A majority of the Board constitutes a quorum totransact all business.

(Added to NRS by 1987, 1117)

NRS 641B.130 Listof licensed social workers to be maintained by Board. TheBoard shall maintain a list of the name and address of each person licensed pursuantto the provisions of this chapter.

(Added to NRS by 1987, 1117)

NRS 641B.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.

(Added to NRS by 1987, 1117; A 1989, 1703)

NRS 641B.150 Paymentof expenses; deposit of money; delegation of authority to hearing officer orpanel; claim for attorneys fees or costs of investigation.

1. Except as otherwise provided in subsection 4, allreasonable expenses incurred by the Board in carrying out the provisions ofthis chapter must be paid from the money which it receives. No part of thesalaries or expenses of the Board may be paid out of the State General Fund.

2. All money received by the Board must be depositedin qualified banks, credit unions or savings and loan associations in this Stateand paid out on its order for its expenses.

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

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isneeded to pay attorneys fees or the costs of an investigation, or both.

(Added to NRS by 1987, 1117; A 1993, 889; 1999, 1536; 2005, 791)

NRS 641B.160 Regulations. The Board shall adopt such regulations as are necessary ordesirable to enable it to carry out the provisions of this chapter.

(Added to NRS by 1987, 1117)

NRS 641B.170 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, anyrecords or information received by the Board relating to a licensee or anapplicant for a license is confidential.

2. 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.

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

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

(Added to NRS by 1995, 448; A 2005, 791)

LICENSING; FEES

NRS 641B.200 Preliminaryqualifications. Each applicant for a licenseshall furnish evidence satisfactory to the Board that he is:

1. At least 21 years of age.

2. A citizen of the United States, or is lawfullyentitled to remain and work in the United States.

(Added to NRS by 1987, 1117)

NRS 641B.202 Submissionof fingerprints. Each applicant for a licensemust submit to the Board a complete set of his fingerprints which the Board mayforward to the Central Repository for Nevada Records of Criminal History for submissionto the Federal Bureau of Investigation for its report.

(Added to NRS by 2003, 2862)

NRS 641B.203 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 641B.206 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 toengage in social work as an associate in social work, a social worker, anindependent social worker or a clinical social worker shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) An applicant for the renewal of a license to engagein social work as an associate in social work or the issuance or renewal of alicense to engage in social work as a social worker, an independent socialworker or a clinical social worker 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 to engage in social work as an associatein social work, a social worker, an independent social worker or a clinicalsocial worker may not 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, 2155; A 2005, 2759, 2807)

NRS 641B.206 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 renewal of a license to engage in socialwork as an associate in social work or the issuance or renewal of a license toengage in social work as a social worker, an independent social worker or aclinical social worker shall submit to the Board the statement prescribed bythe Division of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.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 to engage in social work as an associatein social work, a social worker, an independent social worker or a clinicalsocial worker may not 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, 2155; A 2005, 2759, 2760, 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 641B.210 Associatein social work: Restriction on issuance of new licenses; conditions for renewalof license; supervision of another social worker; promotion.

1. The Board shall not grant a license to engage insocial work as an associate in social work to any person on or after June 19,1995.

2. The Board shall renew the license of any person whowas granted a license to engage in social work as an associate in social workif he complies with the provisions of NRS641B.280.

3. A person who is granted a license to engage insocial work as an associate in social work may supervise another person engagedin the practice of social work.

4. The provisions of this section do not prohibit asocial worker, supervisor of social work or administrator of social work who isemployed by a public employer on July 1, 1988, and who is granted a license toengage in social work as an associate in social work, from being promoted toany position for which he would qualify but for the provisions of this chapter.

(Added to NRS by 1987, 1117; A 1989, 2198; 1995, 449;2001 SpecialSession, 54)

NRS 641B.220 Socialworker: Qualifications; licensing of associate; supervision of another socialworker.

1. The Board shall grant a license to engage in socialwork as a social worker to any applicant who possesses the preliminaryqualifications set forth in NRS 641B.200and who:

(a) Possesses a baccalaureate degree or masters degreein social work from a college or university accredited by the Council on SocialWork Education or which is a candidate for such accreditation.

(b) Passes an examination prescribed by the Board.

2. The Board shall grant a license to engage in socialwork as a social worker to an applicant licensed as an associate in social workwho:

(a) Possesses the preliminary qualifications set forthin NRS 641B.200;

(b) Possesses a baccalaureate degree or masters degreein a related field, or has completed equivalent course work in a related field;

(c) Completes 3,000 hours of employment in Nevada as anassociate in social work; and

(d) Passes an examination prescribed by the Board.

3. A person who is granted a license to engage insocial work as a social worker pursuant to subsection 1 or 2 may superviseanother person engaged in the practice of social work.

(Added to NRS by 1987, 1118; A 1989, 2198)

NRS 641B.230 Independentsocial worker: Qualifications; practice.

1. The Board shall grant a license to engage in socialwork as an independent social worker to any applicant who possesses thepreliminary qualifications set forth in NRS641B.200 and who:

(a) Possesses a masters or doctoral degree in socialwork from a college or university accredited by the Council on Social WorkEducation or which is a candidate for such accreditation.

(b) Completes 3,000 hours of supervised, postgraduatesocial work approved by the Board.

(c) Passes an examination prescribed by the Board.

2. A person licensed as an independent social workermay:

(a) Engage in social work independently or within anagency; and

(b) Supervise other persons engaging in the practice ofsocial work.

(Added to NRS by 1987, 1118)

NRS 641B.240 Clinicalsocial worker: Qualifications; practice.

1. The Board shall grant a license to engage in socialwork as a clinical social worker to any applicant who possesses the preliminaryqualifications set forth in NRS 641B.200and who:

(a) Possesses a masters or doctoral degree in socialwork from a college or university accredited by the Council on Social WorkEducation or which is a candidate for such accreditation.

(b) Completes 3,000 hours of supervised, postgraduate,clinical social work approved by the Board.

(c) Passes an examination prescribed by the Board.

2. A person licensed as a clinical social worker may:

(a) Engage in social work independently or within anagency; and

(b) Supervise other persons engaging in the practice ofsocial work.

(Added to NRS by 1987, 1118)

NRS 641B.250 Examination;representative of public not to participate in grading.

1. Except as otherwise provided in NRS 641B.275, before the issuance of alicense, each applicant, otherwise eligible for licensure, who has paid the feeand presented the required credentials, other than an applicant for a licenseto engage in social work as an associate in social work, must appear personallyand pass an examination concerning his knowledge of the practice of socialwork.

2. Any such examination must be fair and impartial,practical in character with questions designed to discover the applicantsfitness.

3. The Board may employ specialists and otherprofessional consultants or examining services in conducting the examination.

4. The member of the Board who is the representativeof the general public shall not participate in the grading of the examination.

5. The Board shall examine applicants for licensure atleast twice a year.

(Added to NRS by 1987, 1119; A 1993, 131; 1995, 450)

NRS 641B.260 Hearingon application; refusal to issue license.

1. The Board may hold hearings and conductinvestigations into any matter related to an application for licensure. TheBoard may require the presentation of evidence.

2. The Board may refuse to issue a license to anapplicant if he:

(a) Is not of good moral character as it relates to thepractice of social work;

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

(c) Has been disciplined in another state in connectionwith the practice of social work or has committed any act in another statewhich is a violation of this chapter; or

(d) Fails to comply with any other requirements forlicensure.

(Added to NRS by 1987, 1119; A 1995, 450)

NRS 641B.270 Licensingof person licensed in another state. The Boardmay grant a license without examination to a person who holds a current licenseto engage in the practice of social work in a state whose licensingrequirements at the time the license was issued are deemed by the Board to besubstantially equivalent to the requirements set forth in this chapter.

(Added to NRS by 1987, 1119)

NRS 641B.275 Provisionallicensure.

1. The Board shall grant a provisional license toengage in social work as a social worker to a person:

(a) Who applies to take the next available examinationand who is otherwise eligible to be a social worker pursuant to subsection 1 ofNRS 641B.220; or

(b) Who:

(1) Possesses a baccalaureate degree or amasters degree in a related field of study from an accredited college oruniversity recognized by the Board; and

(2) Presents evidence that he is enrolled in aprogram of study leading to a degree in social work at a college or universityaccredited by the Council on Social Work Education or which is a candidate forsuch accreditation and which is approved by the Board.

2. The Board shall grant a provisional license toengage in social work as an independent social worker to a person who appliesto take the next available examination and who is otherwise eligible to be anindependent social worker pursuant to subsection 1 of NRS 641B.230.

3. The Board shall grant a provisional license toengage in social work as a clinical social worker to a person who applies totake the next available examination and who is otherwise eligible to be aclinical social worker pursuant to subsection 1 of NRS 641B.240.

4. The Board shall establish by regulation the periodduring which a provisional license issued pursuant to this section will bevalid. The period must be:

(a) No longer than 9 months for a person who is granteda provisional license to engage in social work pursuant to paragraph (a) ofsubsection 1 or subsection 2 or 3; and

(b) No longer than 3 years for a person who is granteda provisional license to engage in social work pursuant to paragraph (b) of subsection1.

(Added to NRS by 1993, 130)

NRS 641B.280 Renewal:Application; fee; continuing education.

1. Every holder of a license issued pursuant to thischapter may renew his license annually by:

(a) Applying to the Board for renewal;

(b) Paying the annual renewal fee set by the Board;

(c) Submitting evidence to the Board of his completionof the required continuing education; and

(d) Submitting all information required to complete therenewal.

2. The Board shall, as a prerequisite for the renewalof a license, require the holder to comply with the requirements for continuingeducation adopted by the Board.

(Added to NRS by 1987, 1119; A 1997, 2156; 2005, 2760, 2807)

NRS 641B.290 Delinquentlicenses: Date; notice; renewal; expiration; restoration.

1. If a licensee fails to comply with the requirementsof NRS 641B.280, the license becomesdelinquent and the Board shall, within 30 days after the license becomesdelinquent, send a notice to that effect by certified mail, return receipt requested,to his last known address according to the records of the Board.

2. A licensee may renew his license within 60 daysafter the license becomes delinquent if he complies with the requirements of NRS 641B.280 and pays, in addition to thefee for the annual renewal of a license, the fee for the renewal of a delinquentlicense.

3. If the license is not renewed within 60 days afterthe license becomes delinquent, the license expires without any further noticeor a hearing.

4. A person whose license expires pursuant tosubsection 3 may apply to the Board for restoration of his license by:

(a) Submitting a written application for restoration;

(b) Submitting all information required to complete therestoration;

(c) Paying all past due renewal fees and the fee forrestoration prescribed by the Board; and

(d) Passing the examination deemed necessary by theBoard.

(Added to NRS by 1987, 1119; A 1995, 450; 1997, 2156;2005, 2761, 2807)

NRS 641B.300 Fees.[Effective until the date 2 years after the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.] TheBoard shall charge and collect fees not to exceed the following amounts for:

 

Initial application...................................................................................................... $40

Provisional license..................................................................................................... 75

Initial issuance of a license..................................................................................... 100

Annual renewal of a license................................................................................... 150

Restoration of asuspended license or reinstatement of a revoked license.... 150

Restoration of an expired license........................................................................... 200

Renewal of a delinquent license............................................................................ 100

Reciprocal license withoutexamination................................................................ 100

 

(Added to NRS by 1987, 1120; A 1993, 132; 1995, 451;1997, 2157; 2005, 792,2807)

NRS 641B.300 Fees. [Effective on the date 2 yearsafter the date of the repeal of the federal law requiring each state toestablish 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.] The Board shallcharge and collect fees not to exceed the following amounts for:

 

Initial application...................................................................................................... $40

Provisional license..................................................................................................... 75

Initial issuance of a license..................................................................................... 100

Annual renewal of a license................................................................................... 150

Reinstatement of a revoked license....................................................................... 150

Restoration of an expired license........................................................................... 200

Renewal of a delinquent license............................................................................ 100

Reciprocal license withoutexamination................................................................ 100

 

(Added to NRS by 1987, 1120; A 1993, 132; 1995, 451;1997, 2157; 2005, 792,2807, effectiveon the date 2 years after the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

DISCIPLINARY ACTION

NRS 641B.400 Groundsfor disciplinary action. The grounds for initiatingdisciplinary action pursuant to this chapter are:

1. Unprofessional conduct;

2. Conviction of:

(a) A felony relating to the practice of social work;

(b) Any offense involving moral turpitude; or

(c) A violation of any federal or state law regulatingthe possession, distribution or use of any controlled substance or dangerousdrug as defined in chapter 454 of NRS;

3. Use of fraud or deception in:

(a) Applying for a license;

(b) Undergoing the initial licensing examination; or

(c) Rendering services as a social worker;

4. Allowing unauthorized use of a license issuedpursuant to this chapter;

5. Professional incompetence;

6. Practicing social work without a license; and

7. The habitual use of alcohol or any controlledsubstance which impairs the ability to practice social work.

(Added to NRS by 1987, 1120; A 1995, 451; 2003, 2716)

NRS 641B.405 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 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 to engage in social work, the Board shall deem the license issued tothat person to be suspended at the end of the 30th day after the date on whichthe court 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 to engage insocial work that has been suspended by a district court pursuant to NRS 425.540 if:

(a) The Board receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560; and

(b) The person whose license was suspended pays the feeestablished by the Board pursuant to NRS641B.300 for the restoration of a suspended license.

(Added to NRS by 1997, 2155; A 2005, 2807)

NRS 641B.410 Filingof written complaint. The Board, any of itsmembers or any member of a review panel of social workers who becomes awarethat any one or combination of the grounds for initiating disciplinary actionmay exist as to a person practicing social work in this State shall, and anyother person who is so aware may, file a written complaint specifying therelevant facts with the Board. The complaint must specifically charge one ormore of the grounds for initiating disciplinary action.

(Added to NRS by 1987, 1120)

NRS 641B.420 Dateof hearing; notice. Repealed. (See chapter225, Statutes of Nevada2005, at page 807.)

 

NRS 641B.425 Subpoenas:Issuance; enforcement.

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

2. The district court, in and for the county in 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 in the mannerprescribed by this chapter;

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

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

4. The court, upon such a petition, shall enter anorder directing the witness to appear before the court at a time and placefixed by the court in the order, and 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 which issued it.

(Added to NRS by 1995, 449)

NRS 641B.430 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board finds a person guilty in adisciplinary proceeding, the Board may, by order:

(a) Place the person on probation for a specifiedperiod or until further order of the Board.

(b) Administer to the person a public reprimand.

(c) Limit the practice of the person to, or byexclusion of, one or more specified branches of social work.

(d) Suspend the license of the person to practicesocial work for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice socialwork.

(f) Impose a fine of not more than $5,000, which mustbe deposited with the State Treasurer for credit to the State General Fund.

The order ofthe Board may contain other terms, provisions or conditions as the Board deemsproper and which are not inconsistent with law.

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 1987, 1120; A 1993, 889; 1995, 451; 2003, 3459; 2005, 792)

NRS 641B.440 Rehearing. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 641B.450 Reinstatementafter revocation. After a license is revoked,a licensee may apply to the Board pursuant to the provisions of chapter 622A of NRS for its reinstatement. TheBoard has complete discretion to accept or reject such an application and mayrequire successful completion of an examination as a condition ofreinstatement.

(Added to NRS by 1987, 1121; A 2005, 793)

UNLAWFUL ACTS; PENALTIES

NRS 641B.500 Representationas social worker without license. It isunlawful for any person to represent himself as a social worker within themeaning of this chapter unless he is licensed pursuant to the provisions ofthis chapter.

(Added to NRS by 1987, 1121)

NRS 641B.505 Independentand clinical practice of social work without license.

1. Except as otherwise provided in this chapter, it isunlawful for a person to engage in:

(a) The independent practice of social work unless heis licensed as a clinical social worker or an independent social workerpursuant to this chapter.

(b) The clinical practice of social work unless he islicensed as a clinical social worker pursuant to this chapter.

2. As used in this section, independent practice ofsocial work means the unsupervised practice of social work, other than for apublic employer, for compensation.

(Added to NRS by 1989, 2198; A 1995, 452)

NRS 641B.510 Useof title of licensee or otherwise implying licensure. Itis unlawful for any person, other than a person licensed pursuant to thischapter, to use the title of a licensee in connection with his work, or in anyother way imply that he is licensed by the Board, unless he is so licensed.

(Added to NRS by 1987, 1121)

NRS 641B.520 Penalty. Any person who violates any of the provisions of thischapter or, having had his license suspended or revoked, continues to representhimself as a social worker, is guilty of a misdemeanor.

(Added to NRS by 1987, 1121)

NRS 641B.530 Injunctiverelief. A violation of this chapter by aperson unlawfully representing himself as a social worker may be enjoined by adistrict court on petition by the Board. In any such proceeding it is notnecessary to show that any person is individually injured. If the respondent isfound guilty of misrepresenting himself as a social worker, the court shallenjoin him from such representations unless and until he has been licensed. Theprocedure in such proceedings must be the same as for any other application foran injunction. The remedy of an injunction is in addition to any applicablecriminal prosecution and punishment.

(Added to NRS by 1987, 1121)

 

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