[Rev. 10/22/2025 4:18:18 PM]
CHAPTER 178 - CERTIFICATION TO EVALUATE COMPETENCY OF CRIMINAL DEFENDANTS
[NAC-178 Revised Date: 9-25]
178.010 Definitions.
178.030 “Certificate” defined.
178.040 “Clinical social worker” defined.
178.060 “Evaluator of competency” defined.
178.065 “Psychiatric advanced practice registered nurse” defined.
178.070 “Psychiatrist” defined.
178.080 “Psychologist” defined.
178.100 Certificate: Application and fee; action by Division; appeal of denial; period for renewal.
178.110 Course of training required for initial issuance of certificate.
178.120 Renewal of certificate: General requirements.
178.130 Renewal of certificate: Application and fee; action by Division; appeal of denial.
178.140 Duties of certificate holders involved in examinations of competency: Applicability of ethical standards; failure to comply; appeal of suspension or revocation.
REVISER’S NOTE.
Pursuant to the provisions of NRS 0.024, former NAC 178.020 contained definitions that were deemed duplicative of those set forth in NRS 178.3982 and was removed from chapter 178 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:
“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”
NAC 178.010 Definitions. (NRS 178.417) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 178.030 to 178.080, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004; A by Div. of Pub. & Behavioral Health by R181-18, 4-14-2021)
NAC 178.030 “Certificate” defined. (NRS 178.417) “Certificate” means a certificate issued by the Division to provide a report or an evaluation concerning the competency of a defendant to stand trial.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.040 “Clinical social worker” defined. (NRS 178.417) “Clinical social worker” means a person who is licensed to engage in social work as a clinical social worker pursuant to the provisions of chapter 641B of NRS.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.060 “Evaluator of competency” defined. (NRS 178.417) “Evaluator of competency” means a person who has been issued a certificate.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.065 “Psychiatric advanced practice registered nurse” defined. (NRS 178.417) “Psychiatric advanced practice registered nurse” means an advanced practice registered nurse, as that term is defined in NRS 632.012, who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120.
(Added to NAC by Div. of Pub. & Behavioral Health by R181-18, eff. 4-14-2021)
NAC 178.070 “Psychiatrist” defined. (NRS 178.417) “Psychiatrist” means a person who is:
1. Licensed to practice medicine in this State pursuant to the provisions of chapter 630 of NRS and has completed residency training in psychiatry; or
2. Certified by the American Board of Psychiatry and Neurology, Inc.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.080 “Psychologist” defined. (NRS 178.417) “Psychologist” means a person who is licensed to engage in the practice of psychology pursuant to the provisions of chapter 641 of NRS.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.100 Certificate: Application and fee; action by Division; appeal of denial; period for renewal. (NRS 178.417)
1. Each person desiring a certificate must make application to the Division upon a form, and in a manner, prescribed by the Division.
2. The application must be accompanied by:
(a) Evidence satisfactory to the Division that the applicant:
(1) Is a clinical social worker, psychiatric advanced practice registered nurse, psychiatrist or psychologist;
(2) Attended and completed the course of training established pursuant to NAC 178.110; and
(3) Passed the examination administered by the Division pursuant to the provisions of subsection 4 of NRS 178.417; and
(b) An application fee of $250 for psychiatrists and psychologists and $125 for clinical social workers and psychiatric advanced practice registered nurses.
3. After receiving an application and the accompanying evidence from an applicant, the Division will:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section to be issued a certificate; and
(b) Issue a written statement to the applicant of its determination.
4. If the Division determines that the applicant is not qualified to be issued a certificate pursuant to subsection 3, the applicant may appeal the decision of the Division to the Administrator.
5. A certificate issued pursuant to the provisions of this section must be renewed every 2 years.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004; A by Div. of Pub. & Behavioral Health by R181-18, 4-14-2021)
NAC 178.110 Course of training required for initial issuance of certificate. (NRS 178.417)
1. The Division will establish a course of training for persons desiring the initial issuance of a certificate.
2. The course of training must include instruction on:
(a) The statutes and case law relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(b) The elements of conducting a clinical interview or clinical testing relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(c) The elements of preparing an evaluation report relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(d) The ethical standards and considerations relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial; and
(e) The potential impact on the defendant, the court and the treatment system of a recommendation concerning the competency of a defendant to stand trial.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.120 Renewal of certificate: General requirements. (NRS 178.417)
1. On or before December 31 of each year, the Division will establish the requirements for the renewal of a certificate for the following year.
2. The requirements for renewal of a certificate may include:
(a) Attending and completing a course of instruction relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(b) Attending courses of continuing education;
(c) Conducting a review of sample evaluations concerning the competency of a defendant to stand trial; or
(d) Passing an examination relating to providing a report or an evaluation concerning the competency of a defendant to stand trial.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004)
NAC 178.130 Renewal of certificate: Application and fee; action by Division; appeal of denial. (NRS 178.417)
1. To renew a certificate, an evaluator of competency shall submit an application for the renewal of a certificate to the Division upon a form, and in a manner, prescribed by the Division.
2. The application for the renewal of a certificate must be accompanied by:
(a) Evidence satisfactory to the Division that the evaluator of competency completed the requirements for the renewal of a certificate established pursuant to NAC 178.120; and
(b) A renewal fee of $150 for psychiatrists and psychologists and $75 for clinical social workers and psychiatric advanced practice registered nurses.
3. After receiving an application for the renewal of a certificate and the accompanying evidence from an evaluator of competency, the Division will:
(a) Evaluate the application for the renewal of a certificate and accompanying evidence and determine whether the evaluator of competency has met the requirements for the renewal of a certificate established pursuant to NAC 178.120; and
(b) Issue a written statement to the applicant of its determination.
4. If the Division determines that the evaluator of competency has not met the requirements for the renewal of a certificate, the evaluator of competency may appeal the decision of the Division pursuant to the procedures set forth in NAC 439.300 to 439.395, inclusive.
(Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004; A by Div. of Pub. & Behavioral Health by R181-18, 4-14-2021)
NAC 178.140 Duties of certificate holders involved in examinations of competency: Applicability of ethical standards; failure to comply; appeal of suspension or revocation. (NRS 178.417)
1. The holder of a certificate shall:
(a) Ensure that the report of an examination submitted pursuant to NRS 178.415 contains an explanation of the stated conclusions and adequate data to reasonably support those conclusions; and
(b) Comply with the applicable ethical standards prescribed by the American Academy of Psychiatry and the Law, the American Psychological Association or the National Association of Forensic Social Workers or their successor organizations.
2. If the Division determines that a holder of a certificate has failed to comply with the requirements of subsection 1, the Division may:
(a) Require the holder to complete additional training; and
(b) Review reports submitted by the holder pursuant to NRS 178.415 on an ongoing basis to determine whether the holder is in compliance with the requirements of subsection 1 and, if the Division concludes that the holder is not complying with those requirements, suspend or revoke the certificate in accordance with NAC 439.300 to 439.395, inclusive.
3. A holder of a certificate that is suspended or revoked pursuant to this section may appeal to the Division pursuant to the procedures set forth in NAC 439.300 to 439.395, inclusive.
(Added to NAC by Div. of Pub. & Behavioral Health by R181-18, eff. 4-14-2021)