[Rev. 6/2/2018 5:19:12 PM--2017]

CHAPTER 437 - APPLIED BEHAVIOR ANALYSIS

GENERAL PROVISIONS

NRS 437.001           Definitions. [Effective January 1, 2019.]

NRS 437.005           “Assistant behavior analyst” defined. [Effective January 1, 2019.]

NRS 437.010           “Behavior analyst” defined. [Effective January 1, 2019.]

NRS 437.015           “Board” defined. [Effective January 1, 2019.]

NRS 437.020           “Community” defined. [Effective January 1, 2019.]

NRS 437.025           “Division” defined. [Effective January 1, 2019.]

NRS 437.030           “Gross malpractice” defined. [Effective January 1, 2019.]

NRS 437.035           “Malpractice” defined. [Effective January 1, 2019.]

NRS 437.040           “Practice of applied behavior analysis” defined. [Effective January 1, 2019.]

NRS 437.045           “Professional incompetence” defined. [Effective January 1, 2019.]

NRS 437.050           “Registered behavior technician” defined. [Effective January 1, 2019.]

NRS 437.055           “State certified behavior interventionist” defined. [Effective January 1, 2019.]

NRS 437.060           Applicability of chapter. [Effective January 1, 2019.]

NRS 437.065           Exemptions from requirements for licensure, certification and registration. [Effective January 1, 2019.]

NRS 437.070           Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision. [Effective January 1, 2019.]

NRS 437.075           Duty of licensee, certificate holder or registrant to limit practice to areas of competence; regulations. [Effective January 1, 2019.]

BOARD OF APPLIED BEHAVIOR ANALYSIS

NRS 437.100           Creation; membership; terms; meetings; officers; immunity. [Effective January 1, 2019.]

NRS 437.105           Salary of members; per diem allowance and travel expenses of members and employees. [Effective January 1, 2019.]

NRS 437.110           Rules and regulations. [Effective January 1, 2019.]

DUTIES OF AGING AND DISABILITY SERVICES DIVISION

NRS 437.130           Enforcement: Examination; licensure, certification and registration; investigations; collection of fees. [Effective January 1, 2019.]

NRS 437.135           Hearings and investigations; taking evidence. [Effective January 1, 2019.]

NRS 437.140           Fees to be prescribed by regulation; deposit and use of money. [Effective January 1, 2019.]

NRS 437.145           Records: Duties of Division; custody and inspection; confidentiality of certain records; exceptions. [Effective January 1, 2019.]

NRS 437.150           Immunity from civil liability. [Effective January 1, 2019.]

LICENSING, CERTIFICATION AND REGISTRATION

NRS 437.200           Application and fee; investigation of applicant. [Effective January 1, 2019.]

NRS 437.205           Qualifications of applicant; Division to evaluate application and issue statement of determination; contents of statement; regulations. [Effective January 1, 2019.]

NRS 437.210           Payment of child support: Submission of certain information by applicant; grounds for denial of license; certificate or registration; duties of Division. [Effective January 1, 2019, and 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 437.215           Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance. [Effective January 1, 2019.]

NRS 437.220           Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application. [Effective January 1, 2019.]

NRS 437.225           Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective January 1, 2019, through June 30, 2026.]

NRS 437.225           Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective July 1, 2026.]

NRS 437.330           Renewal: Information concerning state business license required; conditions which require denial. [Effective January 1, 2019.]

NRS 437.335           Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension. [Effective January 1, 2019.]

DISCIPLINARY AND OTHER ACTIONS

NRS 437.400           Grounds for disciplinary action. [Effective January 1, 2019.]

NRS 437.405           Regulations concerning additional grounds for disciplinary action. [Effective January 1, 2019.]

NRS 437.410           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records. [Effective January 1, 2019.]

NRS 437.415           Suspension of license, certificate or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or registration. [Effective January 1, 2019, and 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 437.420           Service of process; publication of notice. [Effective January 1, 2019.]

NRS 437.425           Subpoenas. [Effective January 1, 2019.]

NRS 437.430           Filing and retention of complaints. [Effective January 1, 2019.]

NRS 437.435           Review of complaint by Division; authority of Division to retain Attorney General to investigate complaint. [Effective January 1, 2019.]

NRS 437.440           Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation. [Effective January 1, 2019.]

NRS 437.445           Investigation of complaint by Attorney General upon retention by Division; recommendation to Division; action by Division. [Effective January 1, 2019.]

NRS 437.450           Examination regarding competence to practice applied behavior analysis. [Effective January 1, 2019.]

NRS 437.455           Limitation on time for completion of examination if license, certificate or registration is suspended pending disciplinary proceedings. [Effective January 1, 2019.]

NRS 437.460           Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act. [Effective January 1, 2019.]

NRS 437.465           Requirements for proof. [Effective January 1, 2019.]

NRS 437.470           Judicial review; duration of Division’s order; priority of petition for judicial review. [Effective January 1, 2019.]

NRS 437.475           Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings. [Effective January 1, 2019.]

NRS 437.480           Injunction against practicing applied behavior analysis without license. [Effective January 1, 2019.]

NRS 437.485           Immunity of certain persons from civil liability. [Effective January 1, 2019.]

NRS 437.490           Procedure for removing limitation, terminating probation or reinstating license. [Effective January 1, 2019.]

SCOPE OF REGULATION

NRS 437.500           Representation as behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or practice of applied behavior analysis without proper credential prohibited. [Effective January 1, 2019.]

NRS 437.505           Limitations on practice of assistant behavior analyst, state certified behavior interventionist or registered behavior technician. [Effective January 1, 2019.]

PROHIBITED ACTS; PENALTY

NRS 437.510           Prohibited acts; penalty. [Effective January 1, 2019.]

_________

 

GENERAL PROVISIONS

      NRS 437.001  Definitions. [Effective January 1, 2019.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 437.005 to 437.055, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.005  “Assistant behavior analyst” defined. [Effective January 1, 2019.]  “Assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as an assistant behavior analyst by the Division.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.010  “Behavior analyst” defined. [Effective January 1, 2019.]  “Behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Division.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.015  “Board” defined. [Effective January 1, 2019.]  “Board” means the Board of Applied Behavior Analysis created by NRS 437.100.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.020  “Community” defined. [Effective January 1, 2019.]  “Community” means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician has his or her office.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.025  “Division” defined. [Effective January 1, 2019.]  “Division” means the Aging and Disability Services Division of the Department of Health and Human Services.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.030  “Gross malpractice” defined. [Effective January 1, 2019.]  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Practicing applied behavior analysis with a patient while the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;

      2.  Gross negligence;

      3.  Willful disregard of established methods and procedures in the practice of applied behavior analysis; or

      4.  Willful and consistent use of methods and procedures considered by behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, as applicable, in the community to be inappropriate or unnecessary in the cases where used.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.035  “Malpractice” defined. [Effective January 1, 2019.]  “Malpractice” means failure on the part of a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, as applicable, in good standing in the community.

      (Added to NRS by 2017, 4220, effective January 1, 2019)

      NRS 437.040  “Practice of applied behavior analysis” defined. [Effective January 1, 2019.]  “Practice of applied behavior analysis” means the design, implementation and evaluation of instructional and environmental modifications based on scientific research and observations of behavior and the environment to produce socially significant improvement in human behavior, including, without limitation:

      1.  The empirical identification of functional relations between environment and behavior; and

      2.  The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.

Ê The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician.

      (Added to NRS by 2017, 4221, effective January 1, 2019)

      NRS 437.045  “Professional incompetence” defined. [Effective January 1, 2019.]  “Professional incompetence” means lack of ability to practice applied behavior analysis safely and skillfully arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental ability; or

      3.  Dependence upon an alcoholic beverage as defined in NRS 202.015 or any controlled substance.

      (Added to NRS by 2017, 4221, effective January 1, 2019)

      NRS 437.050  “Registered behavior technician” defined. [Effective January 1, 2019.]  “Registered behavior technician” means a person who is registered as such by the Division and provides behavioral therapy under the supervision of:

      1.  A licensed psychologist;

      2.  A licensed behavior analyst; or

      3.  A licensed assistant behavior analyst.

      (Added to NRS by 2017, 4221, effective January 1, 2019)

      NRS 437.055  “State certified behavior interventionist” defined. [Effective January 1, 2019.]  “State certified behavior interventionist” means a person who is certified as such by the Division and provides behavioral therapy under the supervision of:

      1.  A licensed psychologist;

      2.  A licensed behavior analyst; or

      3.  A licensed assistant behavior analyst.

      (Added to NRS by 2017, 4221, effective January 1, 2019)

      NRS 437.060  Applicability of chapter. [Effective January 1, 2019.]  The provisions of this chapter do not apply to:

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

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

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

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

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

      6.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

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

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

      9.  Any member of the clergy;

      10.  A family member of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or

      11.  A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,

Ê if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician.

      (Added to NRS by 2017, 4221, effective January 1, 2019)

      NRS 437.065  Exemptions from requirements for licensure, certification and registration. [Effective January 1, 2019.]

      1.  A person is not required to be licensed, certified or registered by the Division if he or she:

      (a) Provides behavior modification services or training exclusively to animals and not to natural persons;

      (b) Provides generalized applied behavior analysis services to an organization but does not provide such services directly to natural persons;

      (c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not provide applied behavior analysis services directly to natural persons;

      (d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not provide applied behavior analysis services directly to natural persons; or

      (e) Conducts academic research relating to applied behavior analysis as a primary job responsibility but does not provide applied behavior analysis services directly to natural persons.

      2.  A person described in subsection 1:

      (a) May refer to himself or herself as a behavior analyst; and

      (b) Shall not represent or imply that he or she is licensed, certified or registered by the Division.

      (Added to NRS by 2017, 4222, effective January 1, 2019)

      NRS 437.070  Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision. [Effective January 1, 2019.]

      1.  A person who has matriculated at an accredited college or university and is not licensed, certified or registered by the Division may practice applied behavior analysis under the direct supervision of a licensed behavior analyst as part of:

      (a) A program in applied behavior analysis offered by the college or university in which he or she is enrolled; or

      (b) An internship or fellowship.

      2.  A person described in subsection 1:

      (a) Shall clearly identify himself or herself to any person to whom he or she provides applied behavior analysis services as a student, intern, trainee or fellow; and

      (b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, or represent or imply that he or she is licensed, certified or registered by the Division.

      (Added to NRS by 2017, 4222, effective January 1, 2019)

      NRS 437.075  Duty of licensee, certificate holder or registrant to limit practice to areas of competence; regulations. [Effective January 1, 2019.]

      1.  A licensed behavior analyst or assistant behavior analyst, state certified behavior interventionist or registered behavior technician shall limit his or her practice of applied behavior analysis to his or her areas of competence, as documented by education, training and experience.

      2.  The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts, state certified behavior interventionists and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.

      (Added to NRS by 2017, 4224, effective January 1, 2019)

BOARD OF APPLIED BEHAVIOR ANALYSIS

      NRS 437.100  Creation; membership; terms; meetings; officers; immunity. [Effective January 1, 2019.]

      1.  The Board of Applied Behavior Analysis is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) Four voting members who are behavior analysts licensed in this State.

      (b) One voting member who is a representative of the general public who is interested in the practice of applied behavior analysis. This member must not be a behavior analyst or assistant behavior analyst, an applicant or a former applicant for licensure as a behavior analyst or assistant behavior analyst, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a behavior analyst or assistant behavior analyst, or a member of a household that includes a behavior analyst or assistant behavior analyst.

      3.  After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.

      4.  The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.

      5.  At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      6.  A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

      (Added to NRS by 2017, 4223, effective January 1, 2019)

      NRS 437.105  Salary of members; per diem allowance and travel expenses of members and employees. [Effective January 1, 2019.]

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

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

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

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

      3.  Compensation and expenses of the members and employees of the Board are payable out of the money derived from fees 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 2017, 4223, effective January 1, 2019)

      NRS 437.110  Rules and regulations. [Effective January 1, 2019.]  The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure, certification or registration of applicants, the granting, refusal, revocation or suspension of licenses, certificates or registrations and the practice of applied behavior analysis.

      (Added to NRS by 2017, 4224, effective January 1, 2019)

DUTIES OF AGING AND DISABILITY SERVICES DIVISION

      NRS 437.130  Enforcement: Examination; licensure, certification and registration; investigations; collection of fees. [Effective January 1, 2019.]  The Division shall enforce the provisions of this chapter and may, under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of applicants for licensure, certification and registration.

      2.  License, certify and register qualified applicants.

      3.  Conduct investigations of licensees, certificate holders and registrants.

      4.  Revoke or suspend licenses, certificates and registrations.

      5.  Collect all fees and make disbursements pursuant to this chapter.

      (Added to NRS by 2017, 4224, effective January 1, 2019)

      NRS 437.135  Hearings and investigations; taking evidence. [Effective January 1, 2019.]  In a manner consistent with the provisions of chapter 622A of NRS, the Division may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.

      (Added to NRS by 2017, 4225, effective January 1, 2019)

      NRS 437.140  Fees to be prescribed by regulation; deposit and use of money. [Effective January 1, 2019.]

      1.  The Division shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license, certificate or registration and any other services provided by the Division pursuant to this chapter. The Division shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board and the Division under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 437.105, and does not exceed the amount necessary to pay those costs.

      2.  Money received from the licensure of behavior analysts and assistant behavior analysts, certification of state certified behavior interventionists and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund. The account must be administered by the Division. Money in the account must be expended solely for the purposes of this chapter and does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money in the account.

      (Added to NRS by 2017, 4224, effective January 1, 2019)

      NRS 437.145  Records: Duties of Division; custody and inspection; confidentiality of certain records; exceptions. [Effective January 1, 2019.]

      1.  The Division shall make and keep:

      (a) A record of all violations and prosecutions under the provisions of this chapter.

      (b) A register of all licenses, certificates and registrations.

      (c) A register of all holders of licenses, certificates and registrations.

      2.  These records must be kept in an office of the Division and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  Except as otherwise provided in NRS 239.0115, the Division may keep the personnel records of applicants confidential.

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

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

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

      (Added to NRS by 2017, 4222, effective January 1, 2019)

      NRS 437.150  Immunity from civil liability. [Effective January 1, 2019.]  An employee or agent of the Division is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Division pursuant to the provisions of this chapter.

      (Added to NRS by 2017, 4225, effective January 1, 2019)

LICENSING, CERTIFICATION AND REGISTRATION

      NRS 437.200  Application and fee; investigation of applicant. [Effective January 1, 2019.]

      1.  Each person desiring a license as a behavior analyst or assistant behavior analyst, certification as a state certified behavior interventionist or registration as a registered behavior technician must:

      (a) Make application to the Division upon a form and in a manner prescribed by the Division. The application must be accompanied by the application fee prescribed by the Division and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

             (2) Submit to the Division:

                   (I) A complete set of fingerprints and written permission authorizing the Division 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 Division deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Division, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit 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 Division deems necessary for a report on the applicant’s background.

      2.  The Division may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each agency to which the Division submits the fingerprints any information regarding the applicant’s background as the Division deems necessary.

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 5 of NRS 437.205 until the Division receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      (Added to NRS by 2017, 4225, effective January 1, 2019)

      NRS 437.205  Qualifications of applicant; Division to evaluate application and issue statement of determination; contents of statement; regulations. [Effective January 1, 2019.]

      1.  Except as otherwise provided in NRS 437.215 and 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Division that the applicant:

      (a) Is of good moral character as determined by the Division.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      2.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Division that the applicant:

      (a) Is of good moral character as determined by the Division.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      3.  Each application for certification as a state certified behavior interventionist must contain proof that the applicant meets the qualifications prescribed by regulation of the Board, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      4.  Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization. The Board shall not require any additional education or training for registration as a registered behavior technician.

      5.  Except as otherwise provided in NRS 437.215 and 437.220, within 120 days after receiving an application and the accompanying evidence from an applicant, the Division shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure, certification or registration; and

      (b) Issue a written statement to the applicant of its determination.

      6.  If the Division determines that the qualifications of the applicant are insufficient for licensure, certification or registration, the written statement issued to the applicant pursuant to subsection 5 must include a detailed explanation of the reasons for that determination.

      (Added to NRS by 2017, 4226, effective January 1, 2019)

      NRS 437.210  Payment of child support: Submission of certain information by applicant; grounds for denial of license; certificate or registration; duties of Division. [Effective January 1, 2019, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the Division.

      (b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician shall submit to the Aging and Disability Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Aging and Disability Services Division 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, certificate or registration; or

      (b) A separate form prescribed by the Division.

      3.  A license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician must not be issued or renewed by the Aging and Disability Services Division 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 Aging and Disability Services Division 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 2017, 4226, effective January 1, 2019)

      NRS 437.215  Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance. [Effective January 1, 2019.]

      1.  The Division may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant holds a corresponding valid and unrestricted license as a behavior analyst 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 Division with his or her application:

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

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a behavior analyst; and

             (4) 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 Division to forward the fingerprints in the manner provided in NRS 437.200;

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

      (d) The fee prescribed by the Division pursuant to the regulations adopted pursuant to NRS 437.140; and

      (e) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a behavior analyst pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      (Added to NRS by 2017, 4227, effective January 1, 2019)

      NRS 437.220  Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application. [Effective January 1, 2019.]

      1.  The Division may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a behavior analyst; and

             (4) 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 Division to forward the fingerprints in the manner provided in NRS 437.200;

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

      (d) The fee prescribed by the Division pursuant to the regulations adopted pursuant to NRS 437.140; and

      (e) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a behavior analyst pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Division to complete the application; or

      (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Division may grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

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

      (Added to NRS by 2017, 4228, effective January 1, 2019)

      NRS 437.225  Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective January 1, 2019, through June 30, 2026.]

      1.  To renew a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Division for renewal;

      (b) Pay the biennial fee for the renewal of a license, certificate or registration;

      (c) Submit evidence to the Division of completion of the requirements for continuing education as set forth in regulations adopted by the Division, if applicable; and

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

      2.  In addition to the requirements of subsection 1, to renew a certificate as a state certified behavior interventionist or registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 437.200.

      3.  The Division shall, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, 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 of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      4.  The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.

      5.  The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

      (Added to NRS by 2017, 4229, effective January 1, 2019)

      NRS 437.225  Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective July 1, 2026.]

      1.  To renew a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Division for renewal;

      (b) Pay the biennial fee for the renewal of a license, certificate or registration;

      (c) Submit evidence to the Division of completion of the requirements for continuing education as set forth in regulations adopted by the Division, if applicable; and

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

      2.  In addition to the requirements of subsection 1, to renew a certificate as a state certified behavior interventionist or registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 437.200.

      3.  The Division shall, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, require each holder to comply with the requirements for continuing education adopted by the Board.

      4.  The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.

      5.  The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

      (Added to NRS by 2017, 4229; A 2017, 4263, effective July 1, 2026)

      NRS 437.330  Renewal: Information concerning state business license required; conditions which require denial. [Effective January 1, 2019.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician may not be renewed if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2017, 4229, effective January 1, 2019)

      NRS 437.335  Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension. [Effective January 1, 2019.]

      1.  The license of any behavior analyst or assistant behavior analyst, the certificate of a state certified behavior interventionist or the registration of a registered behavior technician who fails to pay the biennial fee for the renewal of a license, certificate or registration within 60 days after the date it is due is automatically suspended. The Division may, within 2 years after the date the license, certificate or registration is so suspended, reinstate the license, certificate or registration upon payment to the Division of the amount of the then current biennial fee for the renewal of a license, certificate or registration and the amount of the fee for the restoration of a license, certificate or registration so suspended. If the license, certificate or registration is not reinstated within 2 years, the Division may reinstate the license, certificate or registration only if it also determines that the holder of the license, certificate or registration is competent to practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, as applicable.

      2.  A notice must be sent to any person who fails to pay the biennial fee, informing the person that his or her license, certificate or registration is suspended.

      (Added to NRS by 2017, 4230, effective January 1, 2019)

DISCIPLINARY AND OTHER ACTIONS

      NRS 437.400  Grounds for disciplinary action. [Effective January 1, 2019.]

      1.  The Division may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the Division finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of applied behavior analysis.

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice applied behavior analysis with due regard for the health and safety of others.

      (c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of applied behavior analysis.

      (e) Except as otherwise provided in NRS 437.060 and 437.070, aided or abetted practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician by a person who is not licensed, certified or registered, as applicable, by the Division.

      (f) Made any fraudulent or untrue statement to the Division.

      (g) Violated a regulation adopted by the Board.

      (h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      (i) Failed to report to the Division within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      (k) Performed or attempted to perform any professional service while impaired by alcohol or drugs or by a mental or physical illness, disorder or disease.

      (l) Engaged in sexual activity with a patient or client.

      (m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      (n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

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

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      (Added to NRS by 2017, 4230, effective January 1, 2019)

      NRS 437.405  Regulations concerning additional grounds for disciplinary action. [Effective January 1, 2019.]  The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst, state certified behavior interventionist or registered behavior technician in addition to those prescribed by NRS 437.400.

      (Added to NRS by 2017, 4231, effective January 1, 2019)

      NRS 437.410  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records. [Effective January 1, 2019.]

      1.  If the Division or a hearing officer appointed by the Division finds a person guilty in a disciplinary proceeding, the Division may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license, certificate or registration for a period of not more than 1 year.

      (d) Revoke the person’s license, certificate or registration.

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend the person’s license, certificate or registration and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Division may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Division. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Division 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 2017, 4231, effective January 1, 2019)

      NRS 437.415  Suspension of license, certificate or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or registration. [Effective January 1, 2019, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Division 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, certificate or registration issued pursuant to this chapter, the Division shall deem the license, certificate or registration 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 Division receives a letter issued to the holder of the license, certificate or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a license, certificate or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license, certificate or registration was suspended stating that the person whose license, certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2017, 4232, effective January 1, 2019)

      NRS 437.420  Service of process; publication of notice. [Effective January 1, 2019.]

      1.  Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the Division, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Division shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the person upon whom process is to be served, or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Division.

      (Added to NRS by 2017, 4232, effective January 1, 2019)

      NRS 437.425  Subpoenas. [Effective January 1, 2019.]

      1.  The Division or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Division may file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.

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

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Division or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added to NRS by 2017, 4232, effective January 1, 2019)

      NRS 437.430  Filing and retention of complaints. [Effective January 1, 2019.]

      1.  The Division, any review panel of a hospital or an association of behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.

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

      (Added to NRS by 2017, 4233, effective January 1, 2019)

      NRS 437.435  Review of complaint by Division; authority of Division to retain Attorney General to investigate complaint. [Effective January 1, 2019.]  When a complaint is filed with the Division, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Division may:

      1.  Retain the Attorney General to investigate the complaint; and

      2.  If the Division retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

      (Added to NRS by 2017, 4233, effective January 1, 2019)

      NRS 437.440  Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation. [Effective January 1, 2019.]

      1.  The Division shall conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has violated NRS 437.500.

      2.  If, after an investigation, the Division determines that a person has violated NRS 437.500, the Division:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 437.500 until the person obtains the proper license, certificate or registration from the Division;

      (b) May issue a citation to the person; and

      (c) Shall provide a written summary of the Division’s determination and any information relating to the violation to the Attorney General.

      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 437.500 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Division within 30 days after the date of issuance of the citation.

      (Added to NRS by 2017, 4233, effective January 1, 2019)

      NRS 437.445  Investigation of complaint by Attorney General upon retention by Division; recommendation to Division; action by Division. [Effective January 1, 2019.]

      1.  If the Division retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license, certificate or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Division in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Division shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Division shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      (Added to NRS by 2017, 4234, effective January 1, 2019)

      NRS 437.450  Examination regarding competence to practice applied behavior analysis. [Effective January 1, 2019.]  Notwithstanding the provisions of chapter 622A of NRS, if the Division has reason to believe that the conduct of any behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Division may require the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician is competent to practice applied behavior analysis. If an examination is required, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician being examined.

      (Added to NRS by 2017, 4234, effective January 1, 2019)

      NRS 437.455  Limitation on time for completion of examination if license, certificate or registration is suspended pending disciplinary proceedings. [Effective January 1, 2019.]  Notwithstanding the provisions of chapter 622A of NRS, if the Division or a hearing officer issues an order suspending the license of a behavior analyst or assistant behavior analyst, certificate of a state certified behavior interventionist or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the Division or hearing officer issues the order.

      (Added to NRS by 2017, 4234, effective January 1, 2019)

      NRS 437.460  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act. [Effective January 1, 2019.]  Notwithstanding the provisions of chapter 622A of NRS, if the Division receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Division receives the report.

      (Added to NRS by 2017, 4234, effective January 1, 2019)

      NRS 437.465  Requirements for proof. [Effective January 1, 2019.]  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Division or a hearing officer conducted under the provisions of this chapter:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of applied behavior analysis harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst, certificate as a state certified behavior interventionist or registration as a registered behavior technician is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      (Added to NRS by 2017, 4234, effective January 1, 2019)

      NRS 437.470  Judicial review; duration of Division’s order; priority of petition for judicial review. [Effective January 1, 2019.]

      1.  Any person who has been placed on probation or whose license, certificate or registration has been limited, suspended or revoked pursuant to this chapter is entitled to judicial review of the order.

      2.  Every order which limits the practice of applied behavior analysis or suspends or revokes a license, certificate or registration is effective from the date the Division certifies the order until the date the order is modified or reversed by a final judgment of the court.

      3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

      (Added to NRS by 2017, 4235, effective January 1, 2019)

      NRS 437.475  Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings. [Effective January 1, 2019.]  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst, a state certified behavior interventionist or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst, certificate to practice as a state certified behavior interventionist or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Division or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      (Added to NRS by 2017, 4235, effective January 1, 2019)

      NRS 437.480  Injunction against practicing applied behavior analysis without license. [Effective January 1, 2019.]

      1.  The Division or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without the proper license, certificate or registration from the Division.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Does not relieve any person from criminal prosecution for practicing without a license, certificate or registration.

      (Added to NRS by 2017, 4235, effective January 1, 2019)

      NRS 437.485  Immunity of certain persons from civil liability. [Effective January 1, 2019.]  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Division, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts, state certified behavior interventionists or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst, certification of a state certified behavior interventionist or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst, a state certified behavior interventionist or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      (Added to NRS by 2017, 4235, effective January 1, 2019)

      NRS 437.490  Procedure for removing limitation, terminating probation or reinstating license. [Effective January 1, 2019.]

      1.  Any person:

      (a) Whose practice of applied behavior analysis has been limited;

      (b) Whose license, certificate or registration has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Division or a hearing officer may apply to the Division after 1 year for removal of the limitation or termination of the probation or may apply to the Division pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license, certificate or registration.

      2.  In hearing the application, the Division:

      (a) May require the person to submit such evidence of changed conditions and of fitness as it considers proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      (Added to NRS by 2017, 4236, effective January 1, 2019)

SCOPE OF REGULATION

      NRS 437.500  Representation as behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician or practice of applied behavior analysis without proper credential prohibited. [Effective January 1, 2019.]  Except as otherwise provided in NRS 437.060, 437.065 and 437.070, a person shall not represent himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician within the meaning of this chapter or engage in the practice of applied behavior analysis unless he or she is licensed, certified or registered as required by the provisions of this chapter.

      (Added to NRS by 2017, 4236, effective January 1, 2019)

      NRS 437.505  Limitations on practice of assistant behavior analyst, state certified behavior interventionist or registered behavior technician. [Effective January 1, 2019.]

      1.  A licensed assistant behavior analyst shall not provide or supervise behavioral therapy except under the supervision of:

      (a) A licensed psychologist; or

      (b) A licensed behavior analyst.

      2.  A state certified behavior interventionist or registered behavior technician shall not provide behavioral therapy except under the supervision of:

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.

      (Added to NRS by 2017, 4236, effective January 1, 2019)

PROHIBITED ACTS; PENALTY

      NRS 437.510  Prohibited acts; penalty. [Effective January 1, 2019.]  Any person who:

      1.  Presents as his or her own the diploma, license, certificate, registration or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Division in connection with an application for a license, certificate or registration;

      3.  Practices applied behavior analysis under a false or assumed name or falsely personates another behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician of a like or different name;

      4.  Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, unless he or she has been issued a license, certificate or registration as required by this chapter; or

      5.  Except as otherwise provided in NRS 437.060, 437.065 and 437.070, practices as an applied behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician unless he or she has been issued a license, certificate or registration, as applicable,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 2017, 4236, effective January 1, 2019)