NRS: CHAPTER 641A - MARRIAGE AND FAMILY THERAPISTS AND CLINICAL PROFESSIONAL COUNSELORS

[Rev. 4/15/2026 3:53:05 PM--2025]

CHAPTER 641A - MARRIAGE AND FAMILY THERAPISTS AND CLINICAL PROFESSIONAL COUNSELORS

GENERAL PROVISIONS

NRS 641A.010 Legislative declaration.

NRS 641A.020 Definitions.

NRS 641A.025 “Approved supervisor” defined.

NRS 641A.030 “Board” defined.

NRS 641A.031 “Clinical professional counselor” defined.

NRS 641A.040 “License” defined.

NRS 641A.050 “Licensee” defined.

NRS 641A.060 “Marriage and family therapist” defined.

NRS 641A.065 “Practice of clinical professional counseling” defined.

NRS 641A.080 “Practice of marriage and family therapy” defined.

BOARD OF EXAMINERS FOR MARRIAGE AND FAMILY THERAPISTS AND CLINICAL PROFESSIONAL COUNSELORS

NRS 641A.090 Creation; number and appointment of members.

NRS 641A.100 Qualifications of members; removal for misconduct.

NRS 641A.110 Eligibility for membership.

NRS 641A.115 Required orientation for new members of Board; policies concerning compensation and performance reviews of staff.

NRS 641A.130 Meetings; quorum.

NRS 641A.140 Officers.

NRS 641A.150 Duties of Secretary-Treasurer.

NRS 641A.160 Regulations.

NRS 641A.170 General powers; prohibition on participation in preparing, conducting or grading examination.

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

NRS 641A.183 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

NRS 641A.185 Subpoenas: Issuance; enforcement.

NRS 641A.191 Confidentiality of certain records of Board; exceptions.

NRS 641A.200 Salary of members; per diem allowance and travel expenses of members and employees; source of payment of compensation and expenses of members and employees.

NRS 641A.205 Deposit and use of money.

NRS 641A.207 Board may enter into agreement with Department of Human Services for certain types of administrative assistance.

LICENSES

General Provisions

NRS 641A.210 Application and fees; forms.

NRS 641A.213 Submission of fingerprints.

NRS 641A.215 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 641A.215 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 641A.217 Renewal of license: Duty of Board to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

Marriage and Family Therapists and Clinical Professional Counselors

NRS 641A.220 Marriage and family therapists: Qualifications of applicants.

NRS 641A.230 Marriage and family therapists: Examinations.

NRS 641A.231 Clinical professional counselors: Qualifications of applicants.

NRS 641A.233 Application for license: Submission of official transcripts by alternate means.

NRS 641A.235 License: Issuance; expiration; proration of fee.

NRS 641A.242 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

NRS 641A.260 Renewal of license: Application; fee; continuing education. [Effective through June 30, 2026.]

NRS 641A.260 Renewal of license: Application; fee; continuing education. [Effective July 1, 2026.]

NRS 641A.262 Renewal of license: Duty of Board to require applicant to report receipt of training in treatment of mental and emotional trauma and willingness to respond during emergency or disaster; maintenance and provision of related lists of names by Board; failure of applicant to comply not ground for denial; confidentiality of information.

NRS 641A.265 Waiver of requirements for continuing education.

NRS 641A.270 Automatic revocation of license for failure to pay fee for renewal; reinstatement.

NRS 641A.280 Reinstatement of license after 5-year lapse.

NRS 641A.285 Inactive license; regulations.

Interns

NRS 641A.287 Marriage and family therapist interns: License required; qualifications of applicants.

NRS 641A.2872 Marriage and family therapist interns: Issuance, period of validity, expiration and renewal of license.

NRS 641A.2874 Marriage and family therapist interns: Scope of authorized activities.

NRS 641A.2876 Marriage and family therapist interns: Disclosure to client.

NRS 641A.2878 Marriage and family therapist interns: Change in or termination of supervision agreement.

NRS 641A.288 Clinical professional counselor interns: License required; qualifications of applicants.

NRS 641A.2882 Clinical professional counselor interns: Issuance, period of validity, expiration and renewal of license.

NRS 641A.2884 Clinical professional counselor interns: Scope of authorized activity.

NRS 641A.2886 Clinical professional counselor interns: Disclosure to client.

NRS 641A.2888 Clinical professional counselor interns: Change in or termination of supervision agreement.

FEES

NRS 641A.290 Fees.

MISCELLANEOUS PROVISIONS

NRS 641A.295 Inquiry into and documentation of veteran status of new adult clients by marriage and family therapist or clinical professional counselor; provision of contact information for Department of Veterans Services.

NRS 641A.297 Recording of certain training activities: Retention; requirements; compliance with and applicability of provisions governing health care records; regulations.

NRS 641A.299 Duty of marriage and family therapist or clinical professional counselor who diagnoses client as having opioid use disorder to counsel and provide certain information to client and to refer client for medication-assisted treatment upon request.

COUNSELING COMPACT

NRS 641A.305 Enactment of Compact; text of Compact.

DISCIPLINARY AND OTHER ACTIONS

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

NRS 641A.313 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 641A.315 Examination to determine fitness to practice: Order; consent; confidentiality of testimony or reports; immediate suspension for failure to submit; costs.

NRS 641A.320 Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641A.330 Complaints: Filing; retention.

NRS 641A.340 Notice of hearing.

NRS 641A.360 Decision of Board.

NRS 641A.370 Rehearing after revocation or suspension of license.

NRS 641A.400 Reinstatement of license after revocation.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 641A.410 Engaging in practice of marriage and family therapy or clinical professional counseling without license unlawful; exceptions.

NRS 641A.430 Unlawful to use certain terms without license.

NRS 641A.440 Penalty.

NRS 641A.450 Injunctive relief.

_________

GENERAL PROVISIONS

NRS 641A.010 Legislative declaration. The practice of marriage and family therapy and the practice of clinical professional counseling are hereby declared to be learned professions profoundly affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.

(Added to NRS by 1973, 486; A 1987, 2124; 2007, 3055)

NRS 641A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641A.025 to 641A.080, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1973, 486; A 2007, 3055)

NRS 641A.025 “Approved supervisor” defined. “Approved supervisor” means a licensed marriage and family therapist or licensed clinical professional counselor who is approved by the Board to supervise a person who is acquiring the supervised experience in marriage and family therapy or clinical professional counseling, as appropriate, that is required for licensure as a marriage and family therapist or clinical professional counselor pursuant to this chapter.

(Added to NRS by 2007, 3052)

NRS 641A.030 “Board” defined. “Board” means the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors.

(Added to NRS by 1973, 486; A 1987, 2124; 2007, 3055)

NRS 641A.031 “Clinical professional counselor” defined. “Clinical professional counselor” means a person who describes himself or herself or his or her services to the public by any title or description which incorporates the term “clinical professional counselor” and under such a title offers to provide or provides services to any person.

(Added to NRS by 2007, 3052)

NRS 641A.040 “License” defined. “License” means a license issued by the Board pursuant to this chapter to practice as a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern.

(Added to NRS by 1973, 486; A 1987, 2124; 2007, 3055)

NRS 641A.050 “Licensee” defined. “Licensee” means a person licensed as a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern by the Board.

(Added to NRS by 1973, 486; A 1987, 2124; 2007, 3055)

NRS 641A.060 “Marriage and family therapist” defined. “Marriage and family therapist” means a person who describes himself or herself or his or her services to the public by any title or description which incorporates the term “marriage and family therapist” or “marriage and family counselor,” and under such a title offers to render or renders services to any person.

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

NRS 641A.065 “Practice of clinical professional counseling” defined.

1. “Practice of clinical professional counseling” means the provision of treatment, assessment and counseling, or equivalent activities, to a person or group of persons to achieve mental, emotional, physical and social development and adjustment.

2. The term includes counseling interventions to prevent, diagnose and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health.

3. The term does not include the use of psychometric tests, assessments or measures, including, without limitation, psychological, neuropsychological, developmental, neurodevelopmental, cognitive, neurocognitive, intelligence, achievement, personality or projective tests.

(Added to NRS by 2007, 3052; A 2013, 540; 2019, 2665)

NRS 641A.080 “Practice of marriage and family therapy” defined.

1. “Practice of marriage and family therapy” means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of interpersonal relationships, including, without limitation, marital and family systems, and involves the professional application or use of psychotherapy, counseling, evaluation, assessment instruments, consultation, treatment planning, supervision, research and prevention of mental and emotional disorders.

2. The term includes, without limitation, the rendering of professional marital and family therapy services to a person, couple, family or family group or other group of persons.

(Added to NRS by 1973, 486; A 1987, 2124; 1989, 1202; 1999, 795; 2007, 3055; 2019, 2666)

BOARD OF EXAMINERS FOR MARRIAGE AND FAMILY THERAPISTS AND CLINICAL PROFESSIONAL COUNSELORS

NRS 641A.090 Creation; number and appointment of members. The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, consisting of nine members appointed by the Governor, is hereby created.

(Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124; 2007, 3056)

NRS 641A.100 Qualifications of members; removal for misconduct.

1. The Governor shall appoint to the Board:

(a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist;

(b) Three members who are licensed clinical professional counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and

(1) A marriage and family therapist;

(2) A clinical professional counselor; or

(3) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist or clinical professional counselor.

2. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.

(Added to NRS by 1973, 486; A 1977, 1258; 1987, 2124; 2003, 1198; 2007, 3056, 3057)

NRS 641A.110 Eligibility for membership. A person is not eligible for appointment or to hold office as a member of the Board unless the person is:

1. A citizen of the United States.

2. A resident of Nevada.

(Added to NRS by 1973, 487; A 1977, 1259)

NRS 641A.115 Required orientation for new members of Board; policies concerning compensation and performance reviews of staff. The Board shall:

1. Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. The orientation must include, without limitation, instruction concerning:

(a) The purposes of the Board and the duties of its members;

(b) Applicable laws and regulations, including, without limitation, the provisions of NRS 641A.310 to 641A.400, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

2. Establish policies concerning compensation and reviewing the performance of the staff of the Board.

(Added to NRS by 2017, 2238)

NRS 641A.130 Meetings; quorum. The Board shall meet at least once every 6 months at a time and place fixed by the Board. The Board shall hold a special meeting upon a call of the President or upon a request by a majority of the members. Five members of the Board constitute a quorum.

(Added to NRS by 1973, 487; A 1987, 2125; 2007, 3057)

NRS 641A.140 Officers. At the regular meeting the Board shall elect from its membership a President, a Vice President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

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

NRS 641A.150 Duties of Secretary-Treasurer. The Secretary-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 of the State in the Board’s possession.

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

NRS 641A.160 Regulations.

1. The Board shall adopt regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensing of applicants, the granting, refusal, revocation or suspension of licenses, and the practice of marriage and family therapy and the practice of clinical professional counseling as those practices apply to this chapter.

2. The regulations adopted pursuant to subsection 1 must:

(a) Prescribe uniform standards concerning the locations at which interns provide services;

(b) Authorize the remote supervision, including, without limitation, electronic supervision, of interns working at remote sites and prescribe standards concerning such remote supervision; and

(c) Prescribe a manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.

3. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.

(Added to NRS by 1973, 487; A 1987, 2125; 2007, 3057; 2017, 2240; 2021, 3488)

NRS 641A.170 General powers; prohibition on participation in preparing, conducting or grading examination.

1. The Board shall under the provisions of this chapter:

(a) Examine and pass upon the qualifications of the applicants for licensing.

(b) License qualified applicants.

(d) Establish requirements for continuing education.

(e) Collect all fees and make disbursements pursuant to this chapter.

2. The members of the Board who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

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

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

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

2. Determine which schools in and out of this State have courses of study for the preparation of marriage and family therapy and clinical professional counseling which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of those courses of study.

(Added to NRS by 1973, 487; A 1987, 2126; 1989, 1570; 2007, 3057)

NRS 641A.183 Annual report to Joint Interim Standing Committee on Health and Human Services and Chairs of regional behavioral health policy boards.

1. On or before February 1 of each year, the Board shall submit to the Joint Interim Standing Committee on Health and Human Services and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:

(a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year;

(b) The number of applications for the issuance or renewal of a license received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board; and

(c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641A.242 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.

2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.

(Added to NRS by 2017, 2238; A 2021, 3489)

NRS 641A.185 Subpoenas: Issuance; enforcement.

1. The Board or any member thereof 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 by the Board pursuant to this section;

(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 or 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 that issued the order.

(Added to NRS by 1999, 794)

NRS 641A.191 Confidentiality of certain records of Board; exceptions.

1. Except as otherwise provided in this section, NRS 239.0115 and 641A.305, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

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

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

(Added to NRS by 1989, 1569; A 2003, 3458; 2007, 2145; 2025, 3033)

NRS 641A.200 Salary of members; per diem allowance and travel expenses of members and employees; source of payment of compensation and expenses of members and employees.

1. A 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.

3. Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees and penalties paid or transmitted to the Board pursuant to the provisions of this chapter, 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; 2007, 2955)

NRS 641A.205 Deposit and use of money. All money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions, savings and loan associations or savings banks in the State of Nevada to be expended for payment of compensation and expenses of the members and employees of the Board and for other necessary or proper purposes in the administration of this chapter.

(Added to NRS by 1973, 490; A 1999, 1536; 2019, 2666)

NRS 641A.207 Board may enter into agreement with Department of Human Services for certain types of administrative assistance. The Board may enter into an agreement with the Department of Human Services or a division thereof to provide services to carry out or improve any function of the Board. Such services may include, without limitation:

1. Assistance in processing applications for the issuance or renewal of licenses;

2. Technical assistance;

3. Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;

4. Recommendations to improve and standardize procedures used by the Board; and

5. Assistance in identifying resources for improving the operations of the Board.

(Added to NRS by 2017, 2239)

LICENSES

General Provisions

NRS 641A.210 Application and fees; forms.

1. Each person desiring a license must apply to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the fee for the application for an initial license and the fee for the initial issuance of the license prescribed by the Board, and all information required to complete the application.

2. The Board shall prescribe forms for applying for the issuance or renewal of a license. The forms must:

(a) Be available to be completed on the Internet website maintained by the Board;

(b) Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

(Added to NRS by 1973, 488; A 1987, 2126; 1997, 2154; 2005, 2757, 2807; 2017, 2240; 2019, 2666)

NRS 641A.213 Submission of fingerprints. In addition to any other requirements set forth in this chapter, an applicant for a license to practice as a marriage and family therapist or clinical professional counselor, a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, a license as a marriage and family therapist intern or a license as a clinical professional counselor intern that is issued pursuant to this chapter shall submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

(Added to NRS by 2023, 3099)

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

(a) An applicant for the issuance of a license shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license shall submit to the Board the statement prescribed by the Division of Social Services of the Department of 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 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, 2154; A 2005, 2758, 2807; 2007, 3057)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license shall submit to the Board the statement prescribed by the Division of Social Services of the Department of 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 may not be issued or renewed by the Board if the applicant:

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

(Added to NRS by 1997, 2154; A 2005, 2758, 2807; 2007, 3057, 3058, 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)

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.

(Added to NRS by 2021, 808)

Marriage and Family Therapists and Clinical Professional Counselors

NRS 641A.220 Marriage and family therapists: Qualifications of applicants. Except as otherwise provided in NRS 641A.242, each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that the applicant:

1. Is at least 21 years of age;

2. Is of good moral character;

3. Has completed residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

4. Has:

(a) At least 2 years of postgraduate experience in marriage and family therapy; and

(b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and

5. Holds an undergraduate degree from an accredited institution approved by the Board.

(Added to NRS by 1973, 488; A 1977, 1567; 1987, 2126; 1989, 1570; 2007, 3059; 2015, 3033, 3912; 2019, 4305; 2021, 3489)

NRS 641A.230 Marriage and family therapists: Examinations.

1. Except as otherwise provided in subsection 2 and NRS 641A.242, each qualified applicant for a license to practice as a marriage and family therapist must pass a written examination given by the Board on his or her knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine.

2. The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the Association of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.

3. In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.

(Added to NRS by 1973, 488; A 1987, 2126; 1989, 1203; 1991, 379; 2007, 2955, 3059; 2015, 3033, 3913; 2021, 3489)

NRS 641A.231 Clinical professional counselors: Qualifications of applicants. Except as otherwise provided in NRS 641A.242, each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that the applicant:

1. Is at least 21 years of age;

2. Is of good moral character;

3. Has:

(a) Completed residency training in psychiatry from an accredited institution approved by the Board;

(b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or

(c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

4. Has:

(a) At least 2 years of postgraduate experience in professional counseling;

(b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:

(1) At least 1,500 hours of direct contact with clients; and

(2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and

(c) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.

(Added to NRS by 2007, 3052; A 2007, 3094; 2015, 3033, 3913; 2019, 4306; 2021, 3490)

NRS 641A.233 Application for license: Submission of official transcripts by alternate means. If the Board requires an applicant for a license to practice as a marriage and family therapist or clinical professional counselor to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:

1. The college or university from which the applicant graduated has closed or has merged with another institution; and

2. The provision of official transcripts by ordinary means is not available or possible.

(Added to NRS by 2021, 3488)

NRS 641A.235 License: Issuance; expiration; proration of fee.

1. The Board shall issue a license to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements imposed pursuant to this chapter.

2. A license to practice as a marriage and family therapist or clinical professional counselor expires on January 1 of each even-numbered year.

3. The Board shall prorate the fee for the application for an initial license and the fee for the initial issuance of a license to practice as a marriage and family therapist or clinical professional counselor based on the number of months remaining in the period from the date of issuance until the expiration of the license on January 1 of each even-numbered year.

(Added to NRS by 1987, 2123; A 1989, 1570; 2007, 3059; 2019, 2667)

NRS 641A.242 Expedited license by endorsement: Requirements; procedure for issuance; provisional license pending action on application.

1. The Board shall issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a marriage and family therapist or clinical professional counselor, as applicable; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for an initial license and for the initial issuance of a license; and

(e) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

4. A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may, for any reason, grant a provisional license authorizing an applicant to practice as a marriage and family therapist or clinical professional counselor, as applicable, in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3911; A 2019, 2668, 4307; 2021, 3490; 2025, 2045)

NRS 641A.260 Renewal of license: Application; fee; continuing education. [Effective through June 30, 2026.]

1. To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of his or her current license:

(a) Apply to the Board for renewal;

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

(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board, unless the Board has granted a waiver pursuant to NRS 641A.265; and

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

2. Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation:

(a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

(b) A requirement that the holder receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103 or 449B.280, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board.

(Added to NRS by 1973, 489, 490; A 1985, 548; 1987, 2127; 1997, 2155; 2005, 2759, 2807; 2015, 2287; 2017, 946; 2019, 2669; 2021, 890; 2023, 1181; 2025, 1002)

NRS 641A.260 Renewal of license: Application; fee; continuing education. [Effective July 1, 2026.]

(a) Apply to the Board for renewal;

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

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

2. Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family counselor or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board which must include, without limitation, a requirement that the holder receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(a) May include the training provided pursuant to NRS 449.103 or 449B.280, where applicable.

(b) Must be based upon a range of research from diverse sources.

(1) Persons from various gender, racial and ethnic backgrounds;

(2) Persons from various religious backgrounds;

(3) Lesbian, gay, bisexual, transgender and questioning persons;

(4) Children and senior citizens;

(5) Veterans;

(6) Persons with a mental illness;

(7) Persons with an intellectual disability, developmental disability or physical disability; and

(8) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board.

(Added to NRS by 1973, 489, 490; A 1985, 548; 1987, 2127; 1997, 2155; 2005, 2759, 2807; 2015, 2287; 2017, 946; 2019, 2669; 2021, 890; 2023, 1181; 2025, 1002, effective July 1, 2026)

1. The Board shall:

(a) Require each applicant for the renewal of a license as a marriage and family therapist or clinical professional counselor to:

(1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma; and

(2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or disaster arise at any location in this State;

(b) Maintain a list of each licensed marriage and family therapist and clinical professional counselor and any training described in subparagraph (1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who renewed their license during the immediately preceding year;

(c) Maintain a list of the names and contact information for marriage and family therapists or clinical professional counselors who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and whom the Board has determined have appropriate training to respond following an emergency or disaster; and

(d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.

2. The Board shall not deny the renewal of a license as a marriage and family therapist or clinical professional counselor solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.

3. Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.

(Added to NRS by 2019, 4160)

NRS 641A.265 Waiver of requirements for continuing education. The Board may waive all or part of the requirement of continuing education in a particular year if the marriage and family therapist or clinical professional counselor was prevented from fulfilling the requirement because of circumstances beyond his or her control.

(Added to NRS by 1989, 1202; A 2007, 3059)

NRS 641A.270 Automatic revocation of license for failure to pay fee for renewal; reinstatement. Failure to pay the fee for renewal automatically effects a revocation of a license to practice as a marriage and family therapist or clinical professional counselor 10 business days after the date of expiration of the license. The license may not be reinstated except upon:

1. Written application;

2. Submission of evidence of the completion of the required continuing education for the period the license to practice as a marriage and family therapist or clinical professional counselor was revoked, unless the Board has granted a waiver pursuant to NRS 641A.265; and

3. The payment of the fee for the biennial renewal of a license and the fee for the late payment of the biennial renewal required by this chapter.

(Added to NRS by 1973, 490; A 1987, 2127; 1989, 1570; 2019, 2669)

NRS 641A.280 Reinstatement of license after 5-year lapse. After a license to practice as a marriage and family therapist or clinical professional counselor has lapsed continuously for 5 years, a person applying for reinstatement of such a license must reapply under the laws and regulations in effect at the time of application.

(Added to NRS by 1973, 490; A 1987, 2127; 2019, 2669)

NRS 641A.285 Inactive license; regulations.

1. Upon written request to the Board and payment of the fee for the placement of a license on inactive status prescribed by the Board, a marriage and family therapist or clinical professional counselor in good standing may have his or her name and license transferred to an inactive list for a period not to exceed 3 continuous years. A marriage and family therapist or clinical professional counselor shall not practice marriage and family therapy or clinical professional counseling, as applicable, during the time the license is inactive. If an inactive marriage and family therapist or clinical professional counselor desires to resume the practice of marriage and family therapy or clinical professional counseling, as applicable, the Board must reactivate the license upon the:

(a) Completion of an application for reactivation;

(b) Payment of the fee for the biennial renewal of the license; and

(c) Demonstration, if deemed necessary by the Board, that the marriage and family therapist or clinical professional counselor is then qualified and competent to practice.

Ê Except as otherwise provided in subsection 2, the marriage and family therapist or clinical professional counselor is not required to pay the fee for the biennial renewal of a license or the fee for the late payment of the biennial renewal for any year while the license was inactive.

2. Any license to practice as a marriage and family therapist or clinical professional counselor that remains inactive for a period which 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 for the purposes of NRS 641A.280.

3. The Board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of such inactive licenses, the imposition of a fee for the renewal of an inactive license and any requirement of continuing education for inactive marriage and family therapists or clinical professional counselors.

(Added to NRS by 1989, 1201; A 2007, 3059; 2019, 2669)

Interns

NRS 641A.287 Marriage and family therapist interns: License required; qualifications of applicants.

1. A person who wishes to obtain the supervised experience that is required for licensure as a marriage and family therapist pursuant to this chapter must obtain a license as a marriage and family therapist intern before beginning the supervised experience.

2. An applicant for a license as a marriage and family therapist intern must furnish evidence satisfactory to the Board that the applicant:

(a) Is at least 21 years of age;

(b) Is of good moral character;

(c) Possesses a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board; and

(d) Has entered into a supervision agreement with an approved supervisor.

(Added to NRS by 2007, 3054; A 2019, 4308)

NRS 641A.2872 Marriage and family therapist interns: Issuance, period of validity, expiration and renewal of license.

1. The Board shall issue a license as a marriage and family therapist intern to an applicant who meets the requirements imposed pursuant to this chapter.

2. A license as a marriage and family therapist intern:

(a) Except as otherwise provided in paragraph (b), is valid for 3 years and may be renewed not more than once.

(b) Expires upon:

(1) The termination of the supervision agreement with an approved supervisor; or

(2) The issuance of a license as a marriage and family therapist to the holder of the license as a marriage and family therapist intern.

3. To renew a license as a marriage and family therapist intern, the holder of the license must, on or before 10 business days after the date of expiration of the current license:

(a) Apply to the Board for renewal;

(b) Pay the fee for the renewal of an intern’s license set by the Board; and

(Added to NRS by 2007, 3054; A 2019, 2670)

NRS 641A.2874 Marriage and family therapist interns: Scope of authorized activities. The holder of a license as a marriage and family therapist intern:

1. May engage in the practice of marriage and family therapy only for the purposes of obtaining the supervised experience required by subsection 4 of NRS 641A.220 for a license to practice as a marriage and family therapist; and

2. Shall not engage in the practice of marriage and family therapy independently.

(Added to NRS by 2007, 3054; A 2019, 4308)

NRS 641A.2876 Marriage and family therapist interns: Disclosure to client.

1. The holder of a license as a marriage and family therapist intern shall, before providing any counseling or other therapeutic service to a client:

(a) Inform the client that he or she holds a license as a marriage and family therapist intern and is practicing under the supervision of an approved supervisor; and

(b) Provide to the client the name of the approved supervisor.

2. A violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.

(Added to NRS by 2007, 3055)

NRS 641A.2878 Marriage and family therapist interns: Change in or termination of supervision agreement.

1. The holder of a license as a marriage and family therapist intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.

2. Each party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.

(Added to NRS by 2007, 3055)

NRS 641A.288 Clinical professional counselor interns: License required; qualifications of applicants.

1. A person who wishes to obtain the supervised experience that is required for licensure as a clinical professional counselor pursuant to this chapter must obtain a license as a clinical professional counselor intern before beginning the supervised experience.

2. An applicant for a license as a clinical professional counselor intern must furnish evidence satisfactory to the Board that the applicant:

(a) Is at least 21 years of age;

(b) Is of good moral character;

(c) Possesses a graduate degree in counseling from an accredited college or university approved by the Board which required the completion of a practicum or internship; and

(d) Has entered into a supervision agreement with an approved supervisor.

(Added to NRS by 2007, 3053; A 2019, 4308)

NRS 641A.2882 Clinical professional counselor interns: Issuance, period of validity, expiration and renewal of license.

1. The Board shall issue a license as a clinical professional counselor intern to an applicant who meets the requirements imposed pursuant to this chapter.

2. A license as a clinical professional counselor intern:

(a) Except as otherwise provided in paragraph (b), is valid for 3 years and may be renewed not more than once.

(b) Expires upon:

(1) The termination of the supervision agreement with an approved supervisor; or

(2) The issuance of a license as a clinical professional counselor to the holder of the license as a clinical professional counselor intern.

3. To renew a license as a clinical professional counselor intern, the holder of the license must, on or before 10 business days after the date of expiration of the current license:

(a) Apply to the Board for renewal;

(b) Pay the fee for the renewal of an intern’s license set by the Board; and

(Added to NRS by 2007, 3053; A 2019, 2670)

NRS 641A.2884 Clinical professional counselor interns: Scope of authorized activity. The holder of a license as a clinical professional counselor intern:

1. May engage in the practice of clinical professional counseling only for the purposes of obtaining the supervised experience required by subsection 4 of NRS 641A.231 for a license to practice as a clinical professional counselor; and

2. Shall not engage in the practice of clinical professional counseling independently.

(Added to NRS by 2007, 3054; A 2019, 4309)

NRS 641A.2886 Clinical professional counselor interns: Disclosure to client.

1. The holder of a license as a clinical professional counselor intern shall, before providing any counseling or other therapeutic service to a client:

(a) Inform the client that he or she holds a license as a clinical professional counselor intern and is practicing under the supervision of an approved supervisor; and

(b) Provide to the client the name of the approved supervisor.

2. A violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.

(Added to NRS by 2007, 3054)

NRS 641A.2888 Clinical professional counselor interns: Change in or termination of supervision agreement.

1. The holder of a license as a clinical professional counselor intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.

2. Each party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.

(Added to NRS by 2007, 3054)

FEES

NRS 641A.290 Fees.

1. Except as otherwise provided in subsection 2, the Board shall establish a schedule of fees for the following items which must not exceed the following amounts:

Application for an initial license....................................................................... $150

Initial issuance of a license..................................................................................... 60

Biennial renewal of a license to practice as a marriage and family therapist or clinical professional counselor 450

Fee for late payment of the biennial renewal..................................................... 125

Placement of a license to practice as a marriage and family therapist or clinical professional counselor on inactive status............................................................................................................................. 200

Renewal of an intern’s license............................................................................. 150

Issuance of a duplicate license............................................................................... 10

Reevaluation of an applicant’s course work........................................................ 50

Application for approval as a supervisor.............................................................. 75

Approval of a course or program of continuing education................................ 25

Approval of a provider of continuing education............................................... 150

2. If an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license by endorsement pursuant to NRS 641A.242, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the application for and initial issuance of the license.

3. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 1973, 490; A 1985, 651; 1987, 2127; 1989, 1202; 2015, 3914; 2019, 2671; 2021, 3491)

MISCELLANEOUS PROVISIONS

1. A marriage and family therapist or clinical professional counselor may:

(a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and

(b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.

2. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.125.

(Added to NRS by 2019, 2694)

NRS 641A.297 Recording of certain training activities: Retention; requirements; compliance with and applicability of provisions governing health care records; regulations.

1. A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client that meets the requirements of subsection 2 if:

(a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

(b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

(d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

2. A recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client used for the purpose described in paragraph (a) of subsection 1:

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

(b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

3. The Board shall adopt regulations:

(a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

(1) The form on which such informed written consent must be provided; and

(2) The length of time that a marriage and family therapist or clinical professional counselor who obtains such informed written consent must maintain the informed written consent;

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

4. The provisions of this section do not abrogate, alter or otherwise affect the obligation of a marriage and family therapist or clinical professional counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

5. Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

6. As used in this section, “mental health professional” means a psychologist, a behavioral health and wellness practitioner, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.

(Added to NRS by 2021, 2193; A 2025, 2512)

1. Upon diagnosing a client as having an opioid use disorder, a marriage and family therapist or clinical professional counselor shall counsel and provide information to the client concerning evidence-based treatment for opioid use disorders, including, without limitation, medication-assisted treatment.

2. If the client requests medication-assisted treatment, the marriage and family therapist or clinical professional counselor shall refer the client to a physician, osteopathic physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse or pharmacist who is authorized under federal and state law to prescribe an appropriate medication.

3. As used in this section, “medication-assisted treatment” has the meaning ascribed to it in NRS 639.28079.

(Added to NRS by 2023, 2369)

COUNSELING COMPACT

NRS 641A.305 Enactment of Compact; text of Compact. The Counseling Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section:

COUNSELING COMPACT

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;

B. Enhance the States’ ability to protect the public’s health and safety;

C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military personnel;

E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;

F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;

G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;

H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;

I. Eliminate the necessity for licenses in multiple States; and

J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

A. “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

B. “Adverse Action” means any administrative, civil, equitable or criminal action permitted by a State’s laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual’s license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor’s authorization to practice, including issuance of a cease and desist action.

C. “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.

D. “Continuing Competence/Education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

E. “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all States that have enacted the Compact.

F. “Current Significant Investigative Information” means:

1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.

G. “Data System” means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.

H. “Encumbered License” means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).

I. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.

J. “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

K. “Home State” means the Member State that is the Licensee’s primary State of residence.

L. “Impaired Practitioner” means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

M. “Investigative Information” means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.

N. “Jurisprudence Requirement” if required by a Member State, means the assessment of an individual’s knowledge of the laws and Rules governing the practice of Professional Counseling in a State.

O. “Licensed Professional Counselor” means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.

P. “Licensee” means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.

Q. “Licensing Board” means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.

R. “Member State” means a State that has enacted the Compact.

S. “Privilege to Practice” means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.

T. “Professional Counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.

U. “Remote State” means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.

V. “Rule” means a regulation promulgated by the Commission that has the force of law.

W. “Single State License” means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State.

X. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.

Y. “Telehealth” means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.

Z. “Unencumbered License” means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To Participate in the Compact, a State must currently:

1. License and regulate Licensed Professional Counselors;

2. Require Licensees to pass a nationally recognized exam approved by the Commission;

3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:

a. Professional Counseling Orientation and Ethical Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission.

4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission; and

5. Have a mechanism in place for receiving and investigating complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Commission’s Data System, including using the Commission’s unique identifier as defined in Rules;

2. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;

3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State’s criminal records;

a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.

b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.

4. Comply with the Rules of the Commission;

5. Require an applicant to obtain or retain a license in the Home State and meet the Home State’s qualifications for licensure or renewal of licensure, as well as all other applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and

7. Provide for the attendance of the State’s commissioner to the Counseling Compact Commission meetings.

C. Member States may charge a fee for granting the Privilege to Practice.

D. Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.

E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.

F. A license issued to a Licensed Professional Counselor by a Home State to a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.

SECTION 4. PRIVILEGE TO PRACTICE

A. To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or National Practitioner Identifier;

3. Be eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H);

4. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years;

5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s);

6. Pay any applicable fees, including any State fee, for the Privilege to Practice;

7. Meet any Continuing Competence/Education requirements established by the Home State;

8. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice; and

9. Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within 30 days from the date the action is taken.

B. The Privilege to Practice is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.

C. A Licensee providing Professional Counseling in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.

D. A Licensee providing Professional Counseling services in a Remote State is subject to that State’s regulatory authority. A Remote State may, in accordance with due process and that State’s laws, remove a Licensee’s Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.

E. If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:

1. The Home State license is no longer encumbered; and

2. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.

F. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State.

G. If a Licensee’s Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until the following occur:

1. The specific period of time for which the Privilege to Practice was removed has ended;

2. All fines have been paid; and

3. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.

H. Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.

SECTION 5. OBTAINING A NEW HOME STATE LICENSE

BASED ON A PRIVILEGE TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.

B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:

1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.

2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:

a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;

b. Other criminal background check as required by the new Home State; and

c. Completion of any requisite Jurisprudence Requirements of the new Home State.

3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.

5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.

C. If a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.

E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.

SECTION 6. ACTIVE DUTY MILITARY

PERSONNEL OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE

TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.

B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.

SECTION 8. ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:

1. Take Adverse Action against a Licensed Professional Counselor’s Privilege to Practice within that Member State, and

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.

3. Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor’s license issued by the Home State.

B. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may recover from the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.

E. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

G. If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselor’s Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselor’s Privilege to Practice is deactivated in all Member States during the pendency of the order.

H. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States.

I. Nothing in this Compact shall override a Member State’s decision that participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

A. The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission.

1. The Commission is an instrumentality of the Compact States.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1) delegate selected by that Member State’s Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the time of appointment, who is a Licensed Professional Counselor or public member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed.

4. The Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days.

5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

8. The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the bylaws;

4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;

9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

16. Provide and receive information from, and cooperate with, law enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.

D. The Executive Committee

1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

2. The Executive Committee shall be composed of up to eleven (11) members:

a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission; and

b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations.

c. The ex-officio members will be selected by their respective organizations.

3. The Commission may remove any member of the Executive Committee as provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;

b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of Member States and provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

E. Meetings of the Commission

1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.

2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

a. Non-compliance of a Member State with its obligations under the Compact;

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement purposes;

i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by federal or Member State statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

F. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.

4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 10. DATA SYSTEM

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.

B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to Practice;

4. Non-confidential information related to Alternative Program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.

C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.

D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.

E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.

F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.

SECTION 11. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.

B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.

C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.

E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.

F. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;

2. The text of the proposed Rule or amendment and the reason for the proposed Rule;

3. A request for comments on the proposed Rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A State or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will be made available on request.

4. Nothing in this Section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Section.

J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.

L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule.

M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this Section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE

RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the default.

C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, and each of the Member States.

E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.

G. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States.

2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.

SECTION 13. DATE OF IMPLEMENTATION

OF THE COUNSELING COMPACT

COMMISSION AND ASSOCIATED RULES,

WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.

B. Any State that joins the Compact subsequent to the Commission’s initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.

C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION 14. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

SECTION 15. BINDING EFFECT OF

COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.

B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.

C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.

D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.

E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.

(Added to NRS by 2025, 3016)

DISCIPLINARY AND OTHER ACTIONS

NRS 641A.310 Grounds for denial, suspension or revocation of license. The Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:

1. Conviction of a felony relating to the practice of marriage and family therapy or clinical professional counseling or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

2. Habitual drunkenness or addiction to the use of a controlled substance.

3. Impersonating a licensed marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern or allowing another person to use his or her license.

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

5. Rendering or offering to render services outside the area of his or her training, experience or competence.

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

7. Unprofessional conduct as determined by the Board.

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

9. 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.

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

(Added to NRS by 1973, 489; A 1987, 1571, 2127; 2003, 2716; 2007, 3060; 2009, 901)

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, 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 that has been suspended by a district court pursuant to NRS 425.540 if 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.

(Added to NRS by 1997, 2154; A 2005, 2807; 2007, 3060)

NRS 641A.315 Examination to determine fitness to practice: Order; consent; confidentiality of testimony or reports; immediate suspension for failure to submit; costs.

1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern has raised a reasonable question as to his or her competence to practice therapy or clinical professional counseling with reasonable skill and safety, it may order the marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to undergo:

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

(b) An examination testing his or her competence to practice therapy or clinical professional counseling; or

Ê to assist the Board or committee in determining the fitness of the marriage and family therapist or marriage and family therapist intern to practice therapy or the clinical professional counselor or clinical professional counselor intern to practice clinical professional counseling.

2. For the purposes of this section:

(a) Every marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern who applies for a license or who is licensed pursuant to this chapter is deemed to have given consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.

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

3. Except in extraordinary circumstances, as determined by the Board, the failure of a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him or her.

4. The Board may require the marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to pay the cost of the examination.

(Added to NRS by 1989, 1201; A 2007, 3061)

NRS 641A.320 Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

1. The Board may discipline the holder of any license whose default has been entered or who has been heard by the Board and found guilty, by any of the following methods:

(a) Placing him or her upon probation for a period to be determined by the Board.

(b) Suspending the license for not more than 1 year.

(d) Administering a public reprimand.

(e) Limiting his or her practice.

(f) Imposing an administrative fine of not more than $5,000.

(g) Requiring him or her to complete successfully another examination.

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

NRS 641A.330 Complaints: Filing; retention.

1. A complaint may be made against a licensee by an agency or inspector employed by the Board, any other licensee or any aggrieved person, charging one or more of the causes for which the license may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.

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

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

(Added to NRS by 1973, 489; A 1987, 2128; 2009, 902)

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

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

NRS 641A.360 Decision of Board. Upon conclusion of the hearing or as soon as practicable thereafter, the Board shall make and announce its decision.

(Added to NRS by 1973, 490)

NRS 641A.370 Rehearing after revocation or suspension of license. If the Board revokes or suspends a license for a fixed time, the licensee may apply for a rehearing within 15 days after the date of the suspension or revocation and the Board may grant the application upon the terms and conditions it deems appropriate within 30 days after the application.

(Added to NRS by 1973, 490; A 1987, 2128; 2017, 2850)

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

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

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 641A.410 Engaging in practice of marriage and family therapy or clinical professional counseling without license unlawful; exceptions.

1. It is unlawful for any person to engage in the practice of marriage and family therapy or the practice of clinical professional counseling unless the person is licensed under the provisions of this chapter.

2. The provisions of this chapter do not:

(a) Prevent any licensed physician, licensed nurse, licensed psychologist, certified alcohol or drug counselor or other person licensed or certified by the State from carrying out the functions permitted by the respective license or certification if the person does not hold himself or herself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.

(b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the Board if the activity or service constitutes a part of the student’s supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title “intern in marriage and family therapy” or any other title which clearly indicates his or her status as a student.

(c) Apply to any activity or service of an intern while obtaining the experience required for licensing as a marriage and family therapist or a clinical professional counselor.

(d) Apply to a licensed or ordained minister in good standing with his or her denomination whose duty is primarily to serve his or her congregation and whose practice of marriage and family therapy or clinical professional counseling is incidental to other duties if the minister does not hold himself or herself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.

(Added to NRS by 1973, 490; A 1987, 2129; 1989, 1548, 1570; 2007, 3061)

NRS 641A.430 Unlawful to use certain terms without license. It is unlawful for any person, other than a person licensed under this chapter, to employ or use the term “marriage and family counselor,” “marriage and family therapist,” “marriage and family therapist intern,” “marital adviser,” “marital therapist,” “marital consultant,” “clinical professional counselor,” “clinical professional counselor intern” or any similar title in connection with his or her work, or in any way imply that the person is licensed by the Board, unless he or she is licensed under this chapter.

(Added to NRS by 1973, 491; A 1987, 2130; 2007, 3062)

NRS 641A.440 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 marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days 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; 2007, 3062; 2013, 992)

NRS 641A.450 Injunctive relief. A violation of this chapter by a person unlawfully representing himself or herself as a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern 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 marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern, the court shall enjoin the respondent from making such a representation until the respondent has been licensed. Procedure in those cases is the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.

(Added to NRS by 1973, 491; A 1987, 2130; 2007, 3062)