[Rev. 11/21/2013 12:53:10 PM--2013]

CHAPTER 641B - SOCIAL WORKERS

GENERAL PROVISIONS

NRS 641B.020        Legislative declaration.

NRS 641B.030        Definitions.

NRS 641B.040        Applicability of chapter.

BOARD OF EXAMINERS FOR SOCIAL WORKERS

NRS 641B.100        Appointment by Governor; qualifications.

NRS 641B.110        Expiration of term; replacement.

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

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

NRS 641B.140        Compensation of members and employees.

NRS 641B.150        Payment of expenses; deposit of money; delegation of authority to hearing officer or panel; claim for attorney’s fees or costs of investigation.

NRS 641B.160        Regulations.

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

LICENSING; FEES

NRS 641B.200        Preliminary qualifications.

NRS 641B.202        Submission of fingerprints.

NRS 641B.206        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 641B.206        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 641B.210        Associate in social work: Restriction on issuance of new licenses; conditions for renewal of license; supervision of another social worker; promotion.

NRS 641B.220        Social worker: Qualifications; licensing of associate; supervision of another social worker.

NRS 641B.230        Independent social worker: Qualifications; practice.

NRS 641B.240        Clinical social worker: Qualifications; practice.

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

NRS 641B.260        Hearing on application; refusal to issue license.

NRS 641B.270        Licensing of person licensed in another state.

NRS 641B.275        Provisional licensure.

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

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

NRS 641B.300        Fees. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 641B.300        Fees. [Effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

DISCIPLINARY ACTION

NRS 641B.400        Grounds for disciplinary action.

NRS 641B.405        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 641B.410        Complaints: Filing; retention.

NRS 641B.425        Subpoenas: Issuance; enforcement.

NRS 641B.430        Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641B.450        Reinstatement after revocation.

UNLAWFUL ACTS; PENALTIES

NRS 641B.500        Representation as social worker without license.

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

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

NRS 641B.520        Penalty.

NRS 641B.530        Injunctive relief.

_________

GENERAL PROVISIONS

      NRS 641B.020  Legislative declaration.  The practice of social work is hereby declared a learned profession, affecting public safety and welfare and charged with the public interest, and is therefore subject to protection and regulation by the State.

      (Added to NRS by 1987, 1116)

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

      1.  “Board” means the Board of Examiners for Social Workers.

      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, groups or communities to enhance or restore their ability to function physically, socially and economically.

      3.  “Clinical social work” means the application of methods, principles and techniques of case work, group work, community organization, administration, planning, consultation, research and psychotherapeutic methods and techniques to persons, families and groups to help in the diagnosis and treatment of mental and emotional conditions.

      (Added to NRS by 1987, 1116)

      NRS 641B.040  Applicability of chapter.  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

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

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

      4.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

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

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor, or certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

      8.  Any member of the clergy;

      9.  A county welfare director;

      10.  Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker; or

      11.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.

      (Added to NRS by 1987, 1116; A 1989, 1549; 1991, 992; 1993, 131, 1890; 1995, 634; 1999, 1888, 3061; 2003, 1417; 2007, 3062)

BOARD OF EXAMINERS FOR SOCIAL WORKERS

      NRS 641B.100  Appointment by Governor; qualifications.

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

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

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

      (a) Licensed or eligible for licensure pursuant to this chapter; or

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

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

      NRS 641B.110  Expiration of term; replacement.

      1.  Upon expiration of his or her term of office, a member shall continue to serve until a person qualified pursuant to this chapter is appointed as a successor.

      2.  If a member fails to attend meetings of the Board or a member fails to attend to the business of the Board, as determined necessary in the discretion of the Board, the Board shall so notify the Governor, and the Governor shall appoint a person qualified pursuant to this chapter 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 offices at its pleasure.

      2.  An election of officers must be held annually.

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

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

      (Added to NRS by 1987, 1117)

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

      (Added to NRS by 1987, 1117)

      NRS 641B.140  Compensation of members and employees.

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

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

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

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

      (Added to NRS by 1987, 1117; A 1989, 1703; 2007, 2956)

      NRS 641B.150  Payment of expenses; deposit of money; delegation of authority to hearing officer or panel; claim for attorney’s fees or costs of investigation.

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

      2.  All money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this State and 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 to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s 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 or desirable to enable it to carry out the provisions of this chapter.

      (Added to NRS by 1987, 1117)

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

      1.  Except as otherwise provided in this section and NRS 239.0115, any records or information received by the Board relating to a licensee or an applicant for a license is confidential.

      2.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 1995, 448; A 2005, 791; 2007, 2145)

LICENSING; FEES

      NRS 641B.200  Preliminary qualifications.  Each applicant for a license shall furnish evidence satisfactory to the Board that the applicant is:

      1.  At least 21 years of age.

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

      (Added to NRS by 1987, 1117)

      NRS 641B.202  Submission of fingerprints.  Each applicant for a license must submit to the Board a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 2003, 2862)

      NRS 641B.206  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the renewal of a license to engage in social work as an associate in social work or the issuance or renewal of a license to engage in social work as a social worker, an independent social worker or a clinical social worker shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2155; A 2005, 2759, 2807)

      NRS 641B.206  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2155; A 2005, 2759, 2760, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 641B.210  Associate in social work: Restriction on issuance of new licenses; conditions for renewal of license; supervision of another social worker; promotion.

      1.  The Board shall not grant a license to engage in social 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 who was granted a license to engage in social work as an associate in social work if the person complies with the provisions of NRS 641B.280.

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

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

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

      NRS 641B.220  Social worker: Qualifications; licensing of associate; supervision of another social worker.

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

      (a) Possesses a baccalaureate degree or master’s degree in social work from a college or university accredited by the Council on Social Work 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 social work as a social worker to an applicant licensed as an associate in social work who:

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

      (b) Possesses a baccalaureate degree or master’s degree in a related field, or has completed equivalent course work in a related field;

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

      (d) Passes an examination prescribed by the Board.

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

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

      NRS 641B.230  Independent social worker: Qualifications; practice.

      1.  The Board shall grant a license to engage in social work as an independent social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:

      (a) Possesses a master’s or doctoral degree in social work from a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation.

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

      (c) Passes an examination prescribed by the Board.

      2.  A person licensed as an independent social worker may:

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

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

      (Added to NRS by 1987, 1118)

      NRS 641B.240  Clinical social worker: Qualifications; practice.

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

      (a) Possesses a master’s or doctoral degree in social work from a college or university accredited by the Council on Social Work Education 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 an agency; and

      (b) Supervise other persons engaging in the practice of social 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 a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, must appear personally and pass an examination concerning his or her knowledge of the practice of social work.

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

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

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

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

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

      NRS 641B.260  Hearing on application; refusal to issue license.

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

      2.  The Board may refuse to issue a license to an applicant if the applicant:

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

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

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

      (d) Fails to comply with any other requirements for licensure.

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

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

      (Added to NRS by 1987, 1119)

      NRS 641B.275  Provisional licensure.

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

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

      (b) Who:

             (1) Possesses a baccalaureate degree or a master’s degree in a related field of study from an accredited college or university recognized by the Board; and

             (2) Presents evidence of enrollment in a program of study leading to a degree in social work at a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation and which is approved by the Board.

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

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

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

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

      (b) No longer than 3 years for a person who is granted a provisional license to engage in social work pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 1993, 130)

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

      1.  Every holder of a license issued pursuant to this chapter may renew his or her 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 completion of the required continuing education; and

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

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

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

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

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

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

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

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

      (a) Submitting a written application for restoration;

      (b) Submitting all information required to complete the restoration;

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

      (d) Passing the examination deemed necessary by the Board.

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

      NRS 641B.300  Fees. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  The Board 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 a suspended license or reinstatement of a revoked license.. 150

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

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

Reciprocal license without examination............................................................ 100

 

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

      NRS 641B.300  Fees. [Effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  The Board 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

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

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

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

Reciprocal license without examination............................................................ 100

 

      (Added to NRS by 1987, 1120; A 1993, 132; 1995, 451; 1997, 2157; 2005, 792, 2807, effective 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

DISCIPLINARY ACTION

      NRS 641B.400  Grounds for disciplinary action.  The grounds for initiating disciplinary 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 regulating the possession, distribution or use of any controlled substance or dangerous drug 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 issued pursuant to this chapter;

      5.  Professional incompetence;

      6.  Practicing social work without a license;

      7.  The habitual use of alcohol or any controlled substance which impairs the ability to practice social work; and

      8.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ę This subsection applies to an owner or other principal responsible for the operation of the facility.

      (Added to NRS by 1987, 1120; A 1995, 451; 2003, 2716; 2009, 902)

      NRS 641B.405  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      2.  The Board shall reinstate a license to engage in social work that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays the fee established by the Board pursuant to NRS 641B.300 for the restoration of a suspended license.

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

      NRS 641B.410  Complaints: Filing; retention.

      1.  The Board, any of its members or any member of a review panel of social workers who becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing social work in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

      2.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 1987, 1120; A 2009, 903)

      NRS 641B.425  Subpoenas: Issuance; enforcement.

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

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

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

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

      (b) The witness has been subpoenaed in the manner prescribed by this chapter;

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

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

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

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

      (Added to NRS by 1995, 449)

      NRS 641B.430  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

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

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

      (b) Administer to the person a public reprimand.

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

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

      (e) Revoke the license of the person to practice social work.

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

Ę The order of the Board may contain other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      2.  The Board shall not administer a private reprimand.

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

      (Added to NRS by 1987, 1120; A 1993, 889; 1995, 451; 2003, 3459; 2005, 792)

      NRS 641B.450  Reinstatement after 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. The Board has complete discretion to accept or reject such an application and may require successful completion of an examination as a condition of reinstatement.

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

UNLAWFUL ACTS; PENALTIES

      NRS 641B.500  Representation as social worker without license.  It is unlawful for any person to represent himself or herself as a social worker within the meaning of this chapter unless he or she is licensed pursuant to the provisions of this chapter.

      (Added to NRS by 1987, 1121)

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

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

      (a) The independent practice of social work unless he or she is licensed as a clinical social worker or an independent social worker pursuant to this chapter.

      (b) The clinical practice of social work unless he or she is licensed as a clinical social worker pursuant to this chapter.

      2.  As used in this section, “independent practice of social work” means the unsupervised practice of social work, other than for a public employer, for compensation.

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

      NRS 641B.510  Use of title of licensee or otherwise implying licensure.  It is unlawful for any person, other than a person licensed pursuant to this chapter, to use the title of a licensee in connection with his or her work, or in any other way imply that the person is licensed by the Board, unless he or she is so licensed.

      (Added to NRS by 1987, 1121)

      NRS 641B.520  Penalty.  Any person who violates any of the provisions of this chapter or, having had his or her license suspended or revoked, continues to represent himself or herself as a social worker, is guilty of a misdemeanor.

      (Added to NRS by 1987, 1121)

      NRS 641B.530  Injunctive relief.  A violation of this chapter by a person unlawfully representing himself or herself as a social worker may be enjoined by a district court on petition by the Board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself or herself as a social worker, the court shall enjoin the respondent from such representations unless and until the respondent has been licensed. The procedure in such proceedings must be the same as for any other application for an injunction. The remedy of an injunction is in addition to any applicable criminal prosecution and punishment.

      (Added to NRS by 1987, 1121)