2022 Nevada Revised Statutes
Chapter 641D - Applied Behavior Analysis
NRS 641D.800 - Authority of Board to require examinations; licensee or registrant deemed to consent to examination; testimony or information received during examination not privileged; effect of failure to submit to examination; cost of examination.

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any behavior analyst, assistant behavior analyst or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Board may, to assist the Board or its designee in determining competence, require the behavior analyst, assistant behavior analyst or registered behavior technician to undergo:

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

(b) An examination testing his or her competence to practice applied behavior analysis; or

(c) Any other examination designated by the Board to be necessary to determine his or her competence to practice applied behavior analysis.

2. If an examination is required by the Board pursuant to subsection 1, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst or registered behavior technician being examined.

3. An applicant or person who holds a license or registration pursuant to this chapter is deemed to consent to submit to an examination required pursuant to subsection 1 when the Board provides a written order for such an examination.

4. Any testimony, report or other information of the examining provider of health care received during an examination administered pursuant to subsection 1 is not a privileged communication.

5. Except in extraordinary circumstances, as determined by the Board, a behavior analyst, assistant behavior analyst or registered behavior technician who fails to submit to an examination required pursuant to subsection 1 after the Board provides a written order for such an examination shall be deemed to have admitted to the charge of the Board against him or her.

6. The Board may require a behavior analyst, assistance behavior analyst or registered behavior technician to pay the cost of an examination administered pursuant to subsection 1.

7. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 2017, 4234; A 2019, 2549; 2021, 1640)—(Substituted in revision for NRS 437.450)