[Rev. 6/2/2018 8:40:23 PM--2017]

CHAPTER 641 - PSYCHOLOGISTS, BEHAVIOR ANALYSTS, ASSISTANT BEHAVIOR ANALYSTS AND AUTISM BEHAVIOR INTERVENTIONISTS

GENERAL PROVISIONS

NRS 641.010           Legislative declaration.

NRS 641.020           Definitions.

NRS 641.0202         “Assistant behavior analyst” defined. [Effective through December 31, 2018.]

NRS 641.0204         “Autism behavior interventionist” defined. [Effective through December 31, 2018.]

NRS 641.0206         “Behavior analyst” defined. [Effective through December 31, 2018.]

NRS 641.021           “Board” defined.

NRS 641.022           “Community” defined.

NRS 641.023           “Gross malpractice” defined.

NRS 641.024           “Malpractice” defined.

NRS 641.0243         “National examination” defined.

NRS 641.0245         “Patient” defined.

NRS 641.0247         “Practice of applied behavior analysis” defined. [Effective through December 31, 2018.]

NRS 641.025           “Practice of psychology” defined.

NRS 641.026           “Professional incompetence” defined.

NRS 641.0263         “Psychological assistant” defined.

NRS 641.0265         “Psychological intern” defined.

NRS 641.0267         “Psychological trainee” defined.

NRS 641.027           “Psychologist” defined.

NRS 641.029           Applicability of chapter. [Effective through December 31, 2018.]

NRS 641.029           Applicability of chapter. [Effective January 1, 2019.]

BOARD OF PSYCHOLOGICAL EXAMINERS

NRS 641.030           Creation; number and appointment of members. [Effective through December 31, 2018.]

NRS 641.030           Creation; number and appointment of members. [Effective January 1, 2019.]

NRS 641.035           Terms of members; limitation on consecutive terms.

NRS 641.040           Qualifications of members; conflict of interest. [Effective through December 31, 2018.]

NRS 641.040           Qualifications of members; conflict of interest. [Effective January 1, 2019.]

NRS 641.045           Required orientation for new members of Board; staff performance review.

NRS 641.070           Meetings; quorum.

NRS 641.080           Officers.

NRS 641.085           Seal.

NRS 641.090           Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

NRS 641.100           Rules and regulations. [Effective through December 31, 2018.]

NRS 641.100           Rules and regulations. [Effective January 1, 2019.]

NRS 641.110           General powers; prohibition on participation in preparing, conducting or grading examination.

NRS 641.1105         Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance.

NRS 641.111           Deposit and expenditure of money.

NRS 641.112           Duty of psychologist to limit practice to areas of competence; enforcement; regulations.

NRS 641.113           Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty.

NRS 641.115           Offices; employees; payment of expenses.

NRS 641.117           Forms for licensure.

NRS 641.125           Hearings and investigations; taking evidence.

NRS 641.135           Civil liability.

NRS 641.140           Salary of members; per diem allowance and travel expenses of members and employees.

NRS 641.145           Annual report to Legislative Committee on Health Care.

LICENSES

NRS 641.160           Application and fee for license. [Effective through December 31, 2018.]

NRS 641.160           Application and fee for license. [Effective January 1, 2019.]

NRS 641.170           Qualifications of applicants; Board to evaluate application and issue statement of determination; contents of statement. [Effective through December 31, 2018.]

NRS 641.170           Qualifications of applicants; Board to evaluate application and issue statement of determination; contents of statement. [Effective January 1, 2019.]

NRS 641.175           Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; 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 641.175           Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; 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 641.180           Examination of applicant for license as psychologist; waiver.

NRS 641.190           Licensing of psychologist licensed or certified in another state.

NRS 641.195           Expedited license by endorsement as psychologist or behavior analyst: Requirements; procedure for issuance. [Effective through December 31, 2018.]

NRS 641.195           Expedited license by endorsement as psychologist: Requirements; procedure for issuance. [Effective January 1, 2019.]

NRS 641.196           Expedited license by endorsement as psychologist or 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 through December 31, 2018.]

NRS 641.196           Expedited license by endorsement as psychologist 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 641.220           Renewal of license: Application; fee; declaration of areas of competence by psychologist; continuing education.

NRS 641.222           Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

NRS 641.225           Psychologist required to practice under name that appears on license; association with firm, partnership or corporation authorized under certain circumstances.

PSYCHOLOGICAL ASSISTANTS, PSYCHOLOGICAL INTERNS AND PSYCHOLOGICAL TRAINEES

NRS 641.226           Registration as psychological assistant, psychological intern or psychological trainee; application; fee; fingerprints; expiration; renewal.

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

NRS 641.227           Text of Compact.

FEES

NRS 641.228           Fees. [Effective through December 31, 2018.]

NRS 641.228           Fees. [Effective January 1, 2019.]

DISCIPLINARY AND OTHER ACTIONS

NRS 641.230           Grounds for disciplinary action. [Effective through December 31, 2018.]

NRS 641.230           Grounds for disciplinary action. [Effective January 1, 2019.]

NRS 641.232           Grounds for disciplinary action for licensed behavior analysts and licensed assistant behavior analysts: Regulations. [Effective through December 31, 2018.]

NRS 641.240           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 641.242           Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [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 641.243           Service of process; publication of notice.

NRS 641.245           Subpoenas.

NRS 641.250           Filing of complaints concerning psychologists; retention of complaints.

NRS 641.270           Review of complaint by Board; authority of Board to retain Attorney General to investigate complaint.

NRS 641.2705         Investigation into unlicensed activity as psychologist; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation.

NRS 641.271           Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; action by Board; authority of Attorney General to charge Board for services.

NRS 641.272           Mental or physical examination of psychologist required by Board; consent to examination; confidentiality of reports; immediate suspension for failure to submit to examination.

NRS 641.273           Examination regarding competency to practice psychology.

NRS 641.274           Limitation on time for completion of examination if Board issues summary suspension of license of psychologist pending disciplinary proceedings.

NRS 641.276           Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 641.285           Requirements for proof.

NRS 641.312           Judicial review; duration of Board’s order; priority of petition for judicial review. [Effective through December 31, 2019.]

NRS 641.312           Judicial review; duration of Board’s order; priority of petition for judicial review. [Effective January 1, 2020.]

NRS 641.314           Temporary restraining order or preliminary injunction against psychologist pending disciplinary proceedings.

NRS 641.316           Injunction against person practicing psychology without license.

NRS 641.318           Immunity of certain persons from civil liability.

NRS 641.320           Procedure for removing limitation, terminating probation or reinstating license.

APPEALS

NRS 641.325           Appeal of Board decision to Commission on Behavioral Health; notice to Board; investigation; final decision; scope of appeal. [Effective through December 31, 2019.]

SCOPE OF REGULATION

NRS 641.390           Representation or practice as psychologist without license prohibited; exceptions.

NRS 641.395           Licensed assistant behavior analysts and autism behavior interventionists: Limitations on practice. [Effective through December 31, 2018.]

NRS 641.410           Practice by nonresident psychologist as consultant.

PROHIBITED ACTS; PENALTIES

NRS 641.440           Prohibited acts; penalty.

_________

 

GENERAL PROVISIONS

      NRS 641.010  Legislative declaration.  The practice of psychology is hereby declared to be a learned profession, affecting public safety, health and welfare and subject to regulation to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology.

      (Added to NRS by 1963, 187; A 1989, 1539)

      NRS 641.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.0202 to 641.027, inclusive, and 689A.0435 have the meanings ascribed to them in those sections.

      (Added to NRS by 1963, 187; A 1973, 787; 1985, 535, 1911; 1989, 1540; 1995, 2492; 2009, 1481, 2988; 2011, 2615; 2017, 2515, 4245)

      NRS 641.0202  “Assistant behavior analyst” defined. [Effective through December 31, 2018.]  “Assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as an assistant behavior analyst by the Board.

      (Added to NRS by 2011, 2614; R 2017, 4265, effective January 1, 2019)

      NRS 641.0204  “Autism behavior interventionist” defined. [Effective through December 31, 2018.]  “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, 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 2011, 2614; A 2015, 668; R 2017, 4265, effective January 1, 2019)

      NRS 641.0206  “Behavior analyst” defined. [Effective through December 31, 2018.]  “Behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board.

      (Added to NRS by 2011, 2614; R 2017, 4265, effective January 1, 2019)

      NRS 641.021  “Board” defined.  “Board” means the Board of Psychological Examiners.

      (Added to NRS by 1985, 1905)

      NRS 641.022  “Community” defined.  “Community” means the entire area customarily served by psychologists among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual psychologist or the particular city or place where the psychologist has his or her office.

      (Added to NRS by 1985, 1905)

      NRS 641.023  “Gross malpractice” defined.  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Practicing psychology or psychotherapy with a patient while the psychologist 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 psychology; or

      4.  Willful and consistent use of methods and procedures considered by psychologists in the community to be inappropriate or unnecessary in the cases where used.

      (Added to NRS by 1985, 1905; A 1987, 483, 1570, 1576)

      NRS 641.024  “Malpractice” defined.  “Malpractice” means failure on the part of a psychologist to exercise the degree of care, diligence and skill ordinarily exercised by psychologists in good standing in the community.

      (Added to NRS by 1985, 1905)

      NRS 641.0243  “National examination” defined.  “National examination” means the Examination for Professional Practice in Psychology in the form administered by the Association of State and Provincial Psychology Boards and approved for use in this State by the Board.

      (Added to NRS by 2009, 2988)

      NRS 641.0245  “Patient” defined.  “Patient” means a person who consults or is examined or interviewed by a psychologist for purposes of diagnosis or treatment.

      (Added to NRS by 1995, 2492)

      NRS 641.0247  “Practice of applied behavior analysis” defined. [Effective through December 31, 2018.]  “Practice of applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior. The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or autism behavior interventionist.

      (Added to NRS by 2011, 2615; R 2017, 4265, effective January 1, 2019)

      NRS 641.025  “Practice of psychology” defined.  “Practice of psychology” means the observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:

      1.  Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;

      2.  Counseling;

      3.  Psychoanalysis;

      4.  Psychotherapy;

      5.  Hypnosis;

      6.  Biofeedback;

      7.  Analysis and therapy relating to behavior;

      8.  Diagnosis and treatment of mental or emotional disorders, alcoholism and substance abuse, including, without limitation, disorders of habit or conduct;

      9.  Psychological aspects of physical injury, illness, accident or disability; and

      10.  Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.

      (Added to NRS by 1985, 1906; A 1995, 2493; 1999, 204)

      NRS 641.026  “Professional incompetence” defined.  “Professional incompetence” means lack of ability to practice psychology 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 1985, 1906; A 1987, 483, 1570, 1577)

      NRS 641.0263  “Psychological assistant” defined.  “Psychological assistant” means a person registered with the Board as a psychological assistant pursuant to subsection 1 of NRS 641.226.

      (Added to NRS by 2017, 2513)

      NRS 641.0265  “Psychological intern” defined.  “Psychological intern” means a person registered with the Board as a psychological intern pursuant to subsection 2 of NRS 641.226.

      (Added to NRS by 2017, 2513)

      NRS 641.0267  “Psychological trainee” defined.  “Psychological trainee” means a person registered with the Board as a psychological trainee pursuant to subsection 3 of NRS 641.226.

      (Added to NRS by 2017, 2513)

      NRS 641.027  “Psychologist” defined.  “Psychologist” means a person who:

      1.  Is a graduate of an academic program approved by the Board and is qualified to practice psychology by reason of education, practical training and experience determined by the Board to be satisfactory; and

      2.  Has received from the Board a license to practice psychology.

      (Added to NRS by 1985, 1906; A 1989, 1540)

      NRS 641.029  Applicability of chapter. [Effective through December 31, 2018.]  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 marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

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

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

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

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as 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; or

      8.  Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

      (Added to NRS by 1985, 1906; A 1987, 1122, 2123, 2134; 1989, 1540; 1991, 991; 1993, 1890; 1995, 2493; 1999, 1887, 3060; 2003, 1416; 2007, 3051)

      NRS 641.029  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 marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

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

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

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

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as 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;

      8.  A person who is licensed as a behavior analyst or an assistant behavior analyst, certified as a state certified behavior interventionist or registered as a registered behavior technician pursuant to chapter 437 of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 437.040; or

      9.  Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

      (Added to NRS by 1985, 1906; A 1987, 1122, 2123, 2134; 1989, 1540; 1991, 991; 1993, 1890; 1995, 2493; 1999, 1887, 3060; 2003, 1416; 2007, 3051; 2017, 4245, effective January 1, 2019)

BOARD OF PSYCHOLOGICAL EXAMINERS

      NRS 641.030  Creation; number and appointment of members. [Effective through December 31, 2018.]  The Board of Psychological Examiners, consisting of seven members appointed by the Governor, is hereby created.

      (Added to NRS by 1963, 188; A 1977, 1258; 2009, 1481)

      NRS 641.030  Creation; number and appointment of members. [Effective January 1, 2019.]  The Board of Psychological Examiners, consisting of six members appointed by the Governor, is hereby created.

      (Added to NRS by 1963, 188; A 1977, 1258; 2009, 1481; 2017, 4246, effective January 1, 2019)

      NRS 641.035  Terms of members; limitation on consecutive terms.  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.

      (Added to NRS by 1989, 1539; A 1991, 495)

      NRS 641.040  Qualifications of members; conflict of interest. [Effective through December 31, 2018.]

      1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who is a licensed behavior analyst in the State of Nevada.

      (c) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      (d) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he or she is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      (Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540; 2003, 1197; 2009, 1481)

      NRS 641.040  Qualifications of members; conflict of interest. [Effective January 1, 2019.]

      1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      (c) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he or she is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      (Added to NRS by 1963, 188; A 1977, 1258; 1989, 1540; 2003, 1197; 2009, 1481; 2017, 4246, effective January 1, 2019)

      NRS 641.045  Required orientation for new members of Board; staff performance review.  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 641.230 to 641.325, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

      (c) Requirements concerning managing the finances of the Board.

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

      (Added to NRS by 2017, 2235)

      NRS 641.070  Meetings; quorum.  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.

      (Added to NRS by 1963, 188; A 1999, 204)

      NRS 641.080  Officers.  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.

      (Added to NRS by 1963, 188)

      NRS 641.085  Seal.  The Board shall procure a seal.

      (Added to NRS by 1985, 1906)

      NRS 641.090  Records: Duties of Secretary-Treasurer; custody and inspection; confidentiality; exceptions.

      1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

      (a) A record of all its meetings and proceedings.

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

      (c) A record of all examinations of applicants.

      (d) A register of all licenses.

      (e) A register of all holders of licenses.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board 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 Board 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 Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

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

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

      (Added to NRS by 1963, 188; A 1979, 1352; 1989, 1540; 2003, 3457; 2005, 787; 2007, 2144)

      NRS 641.100  Rules and regulations. [Effective through December 31, 2018.]

      1.  The Board shall adopt regulations prescribing:

      (a) Uniform standards concerning the locations at which persons obtaining supervised experience that is required for licensure by the Board provide services;

      (b) Standards concerning the electronic supervision of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites; and

      (c) 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.

      2.  The Board may make and promulgate any other rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological assistants, psychological interns or psychological trainees, the practice of psychology and the practice of applied behavior analysis.

      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 1963, 189; A 1989, 1541; 2009, 1482; 2011, 2615; 2015, 668; 2017, 2237, 2515)

      NRS 641.100  Rules and regulations. [Effective January 1, 2019.]

      1.  The Board shall adopt regulations prescribing:

      (a) Uniform standards concerning the locations at which persons obtaining supervised experience that is required for licensure by the Board provide services;

      (b) Standards concerning the electronic supervision of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites; and

      (c) 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.

      2.  The Board may make and promulgate any other rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological assistants, psychological interns or psychological trainees and the practice of psychology.

      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 1963, 189; A 1989, 1541; 2009, 1482; 2011, 2615; 2015, 668; 2017, 2237, 2515, 4246, effective January 1, 2019)

      NRS 641.110  General powers; prohibition on participation in preparing, conducting or grading examination.

      1.  The Board may, under the provisions of this chapter:

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

      (b) License qualified applicants.

      (c) Register a person as a psychological assistant, psychological intern or psychological trainee.

      (d) Revoke or suspend licenses and registrations.

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

      2.  The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      (Added to NRS by 1963, 189; A 1989, 1541; 2009, 1482; 2015, 668; 2017, 2515)

      NRS 641.1105  Board may enter into agreement with Department of Health and Human Services for certain types of administrative assistance.  The Board may enter into an agreement with the Department of Health and 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, 2235)

      NRS 641.111  Deposit and expenditure 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 board members and for other necessary or proper purposes in the administration of this chapter.

      (Added to NRS by 1963, 194; A 1999, 1536) — (Substituted in revision for NRS 641.380)

      NRS 641.112  Duty of psychologist to limit practice to areas of competence; enforcement; regulations.

      1.  A licensed psychologist shall limit his or her practice of psychology to his or her areas of competence, as documented by education, training and experience.

      2.  The Board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that licensed psychologists limit their practice of psychology to their areas of competence.

      (Added to NRS by 1989, 1539; A 1995, 2494; 2011, 93)

      NRS 641.113  Registration of firm, partnership or corporation which engages in or offers to engage in practice of psychology; regulations; penalty.

      1.  A firm, partnership or corporation which engages in or offers to engage in the practice of psychology shall register with the Board.

      2.  The Board shall adopt regulations which prescribe the requirements for such registration.

      3.  Any firm, partnership or corporation which violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      (Added to NRS by 1995, 2492)

      NRS 641.115  Offices; employees; payment of expenses.

      1.  The Board may:

      (a) Maintain offices in as many localities in the State as it considers necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators, consultants, hearings officers and employees necessary to the discharge of its duties.

      2.  Any expense incurred by the Board may not be paid out of the State General Fund.

      (Added to NRS by 1985, 1906)

      NRS 641.117  Forms for licensure.  The Board shall prescribe forms for applying for the issuance or renewal of a license. The forms must:

      1.  Be available to be completed on the Internet website maintained by the Board;

      2.  Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

      3.  Automatically store the data submitted by the applicant upon completion of the application.

      (Added to NRS by 2017, 2236)

      NRS 641.125  Hearings and investigations; taking evidence.  In a manner consistent with the provisions of chapter 622A of NRS, the Board 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 1985, 1908; A 2005, 787)

      NRS 641.135  Civil liability.  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 1989, 1539)

      NRS 641.140  Salary of members; per diem allowance and travel expenses of members and employees.

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

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

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

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

      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 1963, 189; A 1975, 305; 1981, 1994; 1985, 1911; 1989, 1702; 2007, 2954)

      NRS 641.145  Annual report to Legislative Committee on Health Care.  On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care a report which must include:

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

      2.  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.

      (Added to NRS by 2017, 2235)

LICENSES

      NRS 641.160  Application and fee for license. [Effective through December 31, 2018.]

      1.  Each person desiring a license must:

      (a) Make application to the Board upon a form, and in a manner, prescribed by the Board pursuant to NRS 641.117. The application must be accompanied by the application fee prescribed by the Board 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 Board; and

             (2) Submit to the Board:

                   (I) 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; or

                   (II) Written verification, on a form prescribed by the Board, 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 Board deems necessary for a report on the applicant’s background.

      2.  The Board 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 Board deems necessary; and

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

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 4 of NRS 641.170 until the Board 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 1963, 191; A 1989, 1541; 1997, 2153; 2005, 2756, 2807; 2009, 2988; 2017, 2237)

      NRS 641.160  Application and fee for license. [Effective January 1, 2019.]

      1.  Each person desiring a license must:

      (a) Make application to the Board upon a form, and in a manner, prescribed by the Board pursuant to NRS 641.117. The application must be accompanied by the application fee prescribed by the Board 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 Board; and

             (2) Submit to the Board:

                   (I) 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; or

                   (II) Written verification, on a form prescribed by the Board, 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 Board deems necessary for a report on the applicant’s background.

      2.  The Board 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 Board deems necessary; and

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

      3.  An application is not considered complete and received for purposes of evaluation pursuant to subsection 2 of NRS 641.170 until the Board 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 1963, 191; A 1989, 1541; 1997, 2153; 2005, 2756, 2807; 2009, 2988; 2017, 2237, 4246, effective January 1, 2019)

      NRS 641.170  Qualifications of applicants; Board to evaluate application and issue statement of determination; contents of statement. [Effective through December 31, 2018.]

      1.  Except as otherwise provided in NRS 641.195 and 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  Except as otherwise provided in NRS 641.195 and 641.196, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a master’s degree from an accredited college or university in a field of social science or special education and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

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

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a bachelor’s degree from an accredited college or university in a field of social science or special education approved by the Board and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      4.  Except as otherwise provided in NRS 641.195 and 641.196, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

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

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

      5.  The written statement issued to the applicant pursuant to subsection 4 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      (Added to NRS by 1963, 191; A 1971, 221; 1977, 1567; 1987, 2081; 1989, 1541; 1995, 2494; 2009, 1482; 2011, 2615; 2015, 3029, 3908)

      NRS 641.170  Qualifications of applicants; Board to evaluate application and issue statement of determination; contents of statement. [Effective January 1, 2019.]

      1.  Except as otherwise provided in NRS 641.195 and 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

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

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  Except as otherwise provided in NRS 641.195 and 641.196, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

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

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

      3.  The written statement issued to the applicant pursuant to subsection 2 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      (Added to NRS by 1963, 191; A 1971, 221; 1977, 1567; 1987, 2081; 1989, 1541; 1995, 2494; 2009, 1482; 2011, 2615; 2015, 3029, 3908; 2017, 4247, effective January 1, 2019)

      NRS 641.175  Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license or registration 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 or registration shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license or registration 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, 2152; A 2005, 2756, 2807; 2011, 94; 2015, 668; 2017, 2515)

      NRS 641.175  Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license or registration 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, 2152; A 2005, 2756, 2757, 2807; 2011, 94; 2015, 668; 2017, 2515, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 641.180  Examination of applicant for license as psychologist; waiver.

      1.  Except as otherwise provided in NRS 641.180 to 641.196, inclusive, each applicant for a license as a psychologist must pass the national examination. In addition to the national examination, the Board may require an examination in whatever applied or theoretical fields it deems appropriate.

      2.  The Board shall notify each applicant of the results of the national examination and any other examination required pursuant to subsection 1.

      3.  The Board may waive the requirement of the national examination for a person who:

      (a) Is licensed in another state;

      (b) Has at least 10 years’ experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      (Added to NRS by 1963, 191; A 1979, 1352; 1987, 2081; 1989, 1541; 1995, 2494; 1999, 205; 2009, 1483, 2989; 2015, 3031, 3910)

      NRS 641.190  Licensing of psychologist licensed or certified in another state.  The Board may:

      1.  Grant a license as a psychologist without any examination to any person certified or licensed by a board of psychological examiners of another state if the Board determines that the requirements in that state are at least equivalent to the requirements of this chapter.

      2.  Authorize a psychologist licensed or certified pursuant to the laws of another state to practice psychology for 1 year or less if the psychologist has:

      (a) Made application to the Board for licensure;

      (b) Met the requirements of education and experience for licensure in this State; and

      (c) Not been disciplined in another state in connection with a license to practice psychology or has not committed any act in another state which is a violation of this chapter.

      (Added to NRS by 1963, 191; A 1989, 1542; 1995, 2495; 2011, 95)

      NRS 641.195  Expedited license by endorsement as psychologist or behavior analyst: Requirements; procedure for issuance. [Effective through December 31, 2018.]

      1.  The Board may issue a license by endorsement as a psychologist or behavior analyst 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 psychologist or behavior analyst, 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) 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 psychologist or behavior analyst, as applicable; 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 Board to forward the fingerprints in the manner provided in NRS 641.160;

      (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 Board pursuant to NRS 641.228 for the issuance of an initial 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 as a psychologist or behavior analyst 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 as a psychologist or behavior analyst, as applicable, to the applicant not later than:

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

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

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist or behavior analyst 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.

      (Added to NRS by 2015, 3027)

      NRS 641.195  Expedited license by endorsement as psychologist: Requirements; procedure for issuance. [Effective January 1, 2019.]

      1.  The Board may issue a license by endorsement as a psychologist 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 psychologist 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) 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 psychologist; 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 Board to forward the fingerprints in the manner provided in NRS 641.160;

      (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 Board pursuant to NRS 641.228 for the issuance of an initial 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 as a psychologist 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 as a psychologist to the applicant not later than:

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

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

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist 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.

      (Added to NRS by 2015, 3027; A 2017, 4248, effective January 1, 2019)

      NRS 641.196  Expedited license by endorsement as psychologist or 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 through December 31, 2018.]

      1.  The Board may issue a license by endorsement as a psychologist or behavior analyst 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:

      (a) Holds a corresponding valid and unrestricted license as a psychologist or behavior analyst, as applicable, 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 surviving spouse of a veteran.

      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) 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 psychologist or behavior analyst, as applicable; 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 Board to forward the fingerprints in the manner provided in NRS 641.160;

      (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 Board pursuant to NRS 641.228 for the issuance of an initial 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 as a psychologist or behavior analyst 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 as a psychologist or behavior analyst, as applicable, to the applicant not later than:

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

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

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist or behavior analyst 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 grant a provisional license authorizing an applicant to practice as a psychologist or behavior analyst, as applicable, in accordance with regulations adopted by the Board.

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

      (Added to NRS by 2015, 3906)

      NRS 641.196  Expedited license by endorsement as psychologist 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 Board may issue a license by endorsement as a psychologist 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:

      (a) Holds a corresponding valid and unrestricted license as a psychologist 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 surviving spouse of a veteran.

      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) 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 psychologist; 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 Board to forward the fingerprints in the manner provided in NRS 641.160;

      (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 Board pursuant to NRS 641.228 for the issuance of an initial 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 as a psychologist 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 as a psychologist to the applicant not later than:

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

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

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist 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 grant a provisional license authorizing an applicant to practice as a psychologist in accordance with regulations adopted by the Board.

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

      (Added to NRS by 2015, 3906; A 2017, 4249, effective January 1, 2019)

      NRS 641.220  Renewal of license: Application; fee; declaration of areas of competence by psychologist; continuing education.

      1.  To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

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

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

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

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

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

      4.  The requirements for continuing education adopted by the Board pursuant to subsection 3 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 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. The hours of instruction required by this subsection must be completed within 2 years after initial licensure and at least every 4 years thereafter.

      (Added to NRS by 1963, 192; A 1985, 548, 1911; 1989, 1542; 1995, 2495; 1997, 2153; 2005, 2757, 2807; 2011, 95; 2015, 669, 2286, 2287; 2017, 945, 947)

      NRS 641.222  Automatic suspension of psychologist’s license for failure to pay biennial fee for renewal of license; reinstatement; notice of suspension.

      1.  The license of any person who fails to pay the biennial fee for the renewal of a license within 60 days after the date when it is due is automatically suspended. The Board may, within 2 years after the date the license is so suspended, reinstate the license upon payment to the Board of the amount of the then current biennial fee for the renewal of a license and the amount of the fee for the restoration of a license so suspended. If the license is not reinstated within 2 years, the Board may reinstate the license only if it also determines that the holder of the license is competent to practice psychology.

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

      (Added to NRS by 1963, 193; A 1985, 1915; 1989, 1547; 1995, 2496) — (Substituted in revision for NRS 641.350)

      NRS 641.225  Psychologist required to practice under name that appears on license; association with firm, partnership or corporation authorized under certain circumstances.

      1.  Except as otherwise provided in subsection 2, a psychologist may practice only under the name that appears on the license to practice psychology issued to the psychologist by the Board.

      2.  A psychologist may associate with a firm, partnership or corporation which engages in or offers to engage in the practice of psychology if:

      (a) The firm, partnership or corporation is registered with the Board; and

      (b) The name and license of each psychologist associated with the firm, partnership or corporation is displayed conspicuously at the place where he or she practices psychology.

      (Added to NRS by 1995, 2492)

PSYCHOLOGICAL ASSISTANTS, PSYCHOLOGICAL INTERNS AND PSYCHOLOGICAL TRAINEES

      NRS 641.226  Registration as psychological assistant, psychological intern or psychological trainee; application; fee; fingerprints; expiration; renewal.

      1.  A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph (e) of subsection 1 of NRS 641.170 must register with the Board as a psychological assistant.

      2.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,

Ê may register with the Board as a psychological intern.

      3.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to perform professional activities or services under the supervision of a psychologist,

Ê may register with the Board as a psychological trainee.

      4.  A person desiring to register as a psychological assistant, psychological intern or psychological trainee must:

      (a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board 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 Board; and

             (2) Submit to the Board:

                   (I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board 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; or

                   (II) Written verification, on a form prescribed by the Board, 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 Board deems necessary for a report on the applicant’s background.

      5.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, 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 Board deems necessary; and

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

      6.  An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board 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.

      7.  A registration as a:

      (a) Psychological assistant expires 1 year after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.

      (b) Psychological intern expires 2 years after the date of registration and may not be renewed unless otherwise approved by the Board.

      (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.

      8.  To renew a registration as a psychological assistant, psychological intern or psychological trainee, the registrant must, on or before the expiration of the registration:

      (a) Apply to the Board for renewal;

      (b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration as a psychological assistant, psychological intern or psychological trainee; and

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

      9.  Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.

      (Added to NRS by 2017, 2513)

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

      NRS 641.227  Text of Compact.  The Psychology Interjurisdictional Compact, set forth in this section, is hereby enacted into law and entered into with all other jurisdictions substantially as follows:

 

ARTICLE I.

 

Purpose

 

      Whereas, States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

      Whereas, This Compact is intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

      Whereas, This Compact is intended to regulate the temporary in-person face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

      Whereas, This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and

      Whereas, This Compact recognizes that states have a vested interest in protecting the public’s health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety; and

      Whereas, This Compact does not apply when a psychologist is licensed in both the home and receiving jurisdiction; and

      Whereas, This Compact does not apply to permanent in-person, face-to-face practice, but it does allow for the authorization of temporary psychological practice.

      Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

      1.  Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well as temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;

      2.  Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety;

      3.  Encourage the cooperation of the compact states in the areas of psychology licensure and regulation;

      4.  Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinary history;

      5.  Promote compliance with the laws governing psychological practice in each compact state; and

      6.  Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

 

ARTICLE II.

 

Definitions

 

      A.  “Adverse action” means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

      B.  “Association of State and Provincial Psychology Boards (ASPPB)” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

      C.  “Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.

      D.  “Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.

      E.  “Client/patient” means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision and/or consulting services.

      F.  “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.

      G.  “Compact state” means a state, the District of Columbia or United States territory that has enacted this Compact and which has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.

      H.  “Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for collecting, storing and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.

      I.  “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes.

      J.  “Day” means any part of a day in which psychological work is performed.

      K.  “Distant state” means the compact state where a psychologist is physically present, not through using telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

      L.  “E.Passport” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

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

      N.  “Home state” means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

      O.  “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service.

      P.  “In-person, face-to-face” means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

      Q.  “Interjurisdictional practice certificate (IPC)” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.

      R.  “License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

      S.  “Noncompact state” means any state which is not at the time a compact state.

      T.  “Psychologist” means an individual licensed for the independent practice of psychology.

      U.  “Psychology Interjurisdictional Compact Commission” or “Commission” means the national administration of which all compact states are members.

      V.  “Receiving state” means a compact state where the client/patient is physically located when the telepsychological services are delivered.

      W.  “Rule” means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

      X.  “Significant investigatory information” means:

             1.  Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or

             2.  Investigative information that indicates that the psychologist represents an immediate threat to the public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.

      Y.  “State” means a state, commonwealth, territory or possession of the United States or the District of Columbia.

      Z.  “State psychology regulatory authority” means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

      AA.  “Telepsychology” means the provision of psychological services using telecommunication technologies.

      BB.  “Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state.

      CC.  “Temporary in-person, face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

 

ARTICLE III.

 

Home State Licensure

 

      A.  The home state shall be a compact state where a psychologist is licensed to practice psychology.

      B.  A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist was physically present when the services were delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

      C.  Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

      D.  Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.

      E.  A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

             1.  Currently requires the psychologist to hold an active E.Passport;

             2.  Has a mechanism in place for receiving and investigating complaints about licensed individuals;

             3.  Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

             4.  Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and

             5.  Complies with the bylaws and rules of the Commission.

      F.  A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

             1.  Currently requires the psychologist to hold an active IPC;

             2.  Has a mechanism in place for receiving and investigating complaints about licensed individuals;

             3.  Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

             4.  Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and

             5.  Complies with the bylaws and rules of the Commission.

 

ARTICLE IV.

 

Compact Privilege to Practice Telepsychology

 

      A.  Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.

      B.  To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

             1.  Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

                   a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

                   b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

             2.  Hold a graduate degree in psychology that meets the following criteria:

                   a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

                   b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;

                   c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

                   d. The program must consist of an integrated, organized sequence of study;

                   e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

                   f. The designated director of the program must be a psychologist and a member of the core faculty;

                   g. The program must have an identifiable body of students who are matriculated in that program for a degree;

                   h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;

                   i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for master’s degrees; and

                   j. The program must include an acceptable residency as defined by the rules of the Commission;

             3.  Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

             4.  Have no history of adverse action that violates the rules of the Commission;

             5.  Have no criminal record history reported on an identity history summary that violates the rules of the Commission;

             6.  Possess a current, active E.Passport;

             7.  Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

             8.  Meet other criteria as defined by the rules of the Commission.

      C.  The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

      D.  A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.

      E.  If a psychologist’s license in any home state or another compact state or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

 

ARTICLE V.

 

Compact Temporary Authorization to Practice

 

      A.  Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact.

      B.  To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

             1.  Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

                   a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

                   b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

             2.  Hold a graduate degree in psychology that meets the following criteria:

                   a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

                   b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;

                   c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

                   d. The program must consist of an integrated, organized sequence of study;

                   e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

                   f. The designated director of the program must be a psychologist and a member of the core faculty;

                   g. The program must have an identifiable body of students who are matriculated in that program for a degree;

                   h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;

                   i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for master’s degrees; and

                   j. The program must include an acceptable residency as defined by the rules of the Commission;

             3.  Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

             4.  No history of adverse action that violates the rules of the Commission;

             5.  No criminal record history that violates the rules of the Commission;

             6.  Possess a current, active IPC;

             7.  Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

             8.  Meet other criteria as defined by the rules of the Commission.

      C.  A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

      D.  A psychologist practicing into a distant state under the Temporary Authorization to Practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission.

      E.  If a psychologist’s license in any home state or another compact state or any temporary authorization to practice in any distant state is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

 

ARTICLE VI.

 

Conditions of Telepsychology Practice in a Receiving State

 

      A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

      A.  The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or

      B.  Other conditions regarding telepsychology as determined by rules promulgated by the Commission.

 

ARTICLE VII.

 

Adverse Actions

 

      A.  A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state and a distant state may take adverse action on a psychologist’s temporary authorization to practice within that distant state.

      B.  A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

      C.  If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.

             1.  All home state disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.

             2.  In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.

             3.  Other actions may be imposed as determined by the rules promulgated by the Commission.

      D.  A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.

      E.  If a license granted by a compact state is revoked, surrendered in lieu of discipline or suspended following an investigation authorized in Article VIII, the authorization to practice interjurisdictional telepsychology and the temporary authorization to practice in all compact states shall be terminated upon entry of the final order in the compact state taking the action.

      F.  Nothing in this Compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

      G.  No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to section C, above.

 

ARTICLE VIII.

 

Additional Authorities Invested in a Compact State’s Psychology Regulatory Authority

 

      A.  In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this Compact to:

             1.  Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and

             2.  Issue cease and desist and/or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.

      B.  During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.

 

ARTICLE IX.

 

Coordinated Licensure Information System

 

      A.  The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all compact states as defined by the rules of the Commission.

      B.  Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:

             1.  Identifying information;

             2.  Licensure data;

             3.  Significant investigatory information;

             4.  Adverse actions against a psychologist’s license;

             5.  An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;

             6.  Nonconfidential information related to alternative program participation information;

             7.  Any denial of application for licensure, and the reasons for such denial; and

             8.  Other information which may facilitate the administration of this Compact, as determined by the rules of the Commission.

      C.  The Coordinated Database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

      D.  Compact states reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

      E.  Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the Coordinated Database.

 

ARTICLE X.

 

Establishment of the Psychology Interjurisdictional Compact Commission

 

      A.  The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission as follows:

             1.  The Commission is a body politic and 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.  The Commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

                   a. An executive director, executive secretary or similar executive;

                   b. A current member of the state psychology regulatory authority of a compact state; or

                   c. A designee empowered with the appropriate delegate authority to act on behalf of the compact state.

             2.  Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

             3.  Each Commissioner 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. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

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

             5.  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 Article XI.

             6.  The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

                   a. Noncompliance of a compact state with its obligations under the Compact;

                   b. The employment, compensation, discipline or other personnel 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 reasonable anticipated litigation against the Commission;

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

                   e. Accusation against any person of a crime or formally censuring any person;

                   f. Disclosure of trade secrets or commercial or financial information which 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 investigatory records compiled for law enforcement purposes;

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

                   j. Matters specifically exempted from disclosure by federal and state statute.

             7.  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. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefor, 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 only by a majority vote of the Commission or order of a court of competent jurisdiction.

      C.  The Commission shall, by a majority vote of the Commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including, but not limited to:

             1.  Establishing the fiscal year of the Commission.

             2.  Providing reasonable standards and procedures:

                   a. For the establishment and meetings of other committees; and

                   b. Governing any general or specific delegation of any authority or function of the Commission.

             3.  Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed.

             4.  Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission.

             5.  Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

             6.  Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees.

             7.  Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and reserving of all of its debts and obligations.

             8.  The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.

             9.  The Commission shall maintain its financial records in accordance with the bylaws.

             10.  The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

      D.  The Commission shall have the following powers:

             1.  The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact which shall have the force and effect of law and shall be binding in all compact states;

             2.  To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

             3.  To purchase and maintain insurance and bonds;

             4.  To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;

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

             6.  To 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 strive to avoid any appearance of impropriety or conflict of interest;

             7.  To 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 strive to avoid any appearance of impropriety;

             8.  To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

             9.  To establish a budget and make expenditures;

             10.  To borrow money;

             11.  To appoint committees, including advisory committees comprised 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;

             12.  To provide and receive information from, and to cooperate with, law enforcement agencies;

             13.  To adopt and use an official seal; and

             14.  To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.

      E.  The Executive Board.

      The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.

             1.  The Executive Board shall be comprised of six members:

                   a. Five voting members who are elected from the current membership of the Commission by the Commission; and

                   b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

             2.  The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

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

             4.  The Executive Board shall meet at least annually.

             5.  The Executive Board 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 states, such as annual dues, and any other applicable fees;

                   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 the rules or bylaws.

      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 compact 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 compact states.

             4.  The Commission shall not incur obligations of any kind before securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact 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 subsection shall be construed to protect any such person from suit 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.

 

ARTICLE XI.

 

Rulemaking

 

      A.  The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

      B.  If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.

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

      D.  Before promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) 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 Internet website of the Commission; and

             2.  On the Internet website of the compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

      E.  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.

      F.  Before 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.

      G.  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 who submit comments independently of each other;

             2.  A government subdivision or agency; or

             3.  A duly appointed person in an association that has at least twenty-five (25) members.

      H.  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 and:

             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.  No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

             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.

      I.  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.

      J.  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.

      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.  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 the public health, safety, or welfare;

             2.  Prevent a loss of Commission or compact state funds;

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

             4.  Protect the public health and safety.

      M.  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 Internet 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 before 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.

 

ARTICLE XII.

 

Oversight, Dispute Resolution and Enforcement

 

      A.  Oversight.

             1.  The executive, legislative and judicial branches of state government in each compact 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 compact 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 compact 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 compact states of the nature of the default, the proposed means of remedying the default and any other action to be taken by the Commission; and

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

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

             3.  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 submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.

             4.  A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

             5.  The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

             6.  The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

      C.  Dispute Resolution.

             1.  Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact which arise among compact states and between compact and noncompact states.

             2.  The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.

      D.  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 State of Georgia or the federal district where the Compact has its principal offices against a compact 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.

 

ARTICLE XIII.

 

Date of Implementation of Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal and Amendment

 

      A.  The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact 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 which 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 which 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 compact state may withdraw from this Compact by enacting a statute repealing the same, and:

             1.  A compact 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 psychology regulatory authority 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 psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.

      E.  This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

 

ARTICLE XIV.

 

Construction and Severability

 

      This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.

      (Added to NRS by 2017, 913)

FEES

      NRS 641.228  Fees. [Effective through December 31, 2018.]

      1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination    $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination...................................................................... 100

For the issuance of an initial license, including a license by endorsement...... 25

For the biennial renewal of a license of a psychologist..................................... 500

For the biennial renewal of a license of a licensed behavior analyst............... 400

For the biennial renewal of a license of a licensed assistant behavior analyst 275

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license    100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.............................................................................................................................. 300

For the registration of a nonresident to practice as a consultant..................... 100

For the initial registration of a psychological assistant, psychological intern or psychological trainee  250

For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee      150

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  An applicant who passes the examination and is eligible for a license as a behavior analyst or assistant behavior analyst shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      4.  Except as otherwise provided in subsections 5 and 6 and NRS 641.195, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      5.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect not more than the fee specified in subsection 1 for the issuance of an initial license.

      6.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      7.  If an applicant submits an application for initial registration as a psychological assistant, psychological intern or psychological trainee pursuant to NRS 641.226 and the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee, the Board must waive the fee set forth in subsection 1 for the initial registration.

      (Added to NRS by 1963, 193; A 1979, 1352; 1985, 1915; 1989, 1547; 1995, 2496; 2007, 2954; 2009, 1483, 2990; 2015, 671, 3031, 3910; 2017, 2516) — (Substituted in revision for NRS 641.370)

      NRS 641.228  Fees. [Effective January 1, 2019.]

      1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination    $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination...................................................................... 100

For the issuance of an initial license, including a license by endorsement...... 25

For the biennial renewal of a license of a psychologist..................................... 500

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license    100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.............................................................................................................................. 300

For the registration of a nonresident to practice as a consultant..................... 100

For the initial registration of a psychological assistant, psychological intern or psychological trainee  250

For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee      150

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  Except as otherwise provided in subsections 4 and 5 and NRS 641.195, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      4.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect not more than the fee specified in subsection 1 for the issuance of an initial license.

      5.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      6.  If an applicant submits an application for initial registration as a psychological assistant, psychological intern or psychological trainee pursuant to NRS 641.226 and the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee, the Board must waive the fee set forth in subsection 1 for the initial registration.

      (Added to NRS by 1963, 193; A 1979, 1352; 1985, 1915; 1989, 1547; 1995, 2496; 2007, 2954; 2009, 1483, 2990; 2015, 671, 3031, 3910; 2017, 2516, 4250, effective January 1, 2019) — (Substituted in revision for NRS 641.370)

DISCIPLINARY AND OTHER ACTIONS

      NRS 641.230  Grounds for disciplinary action. [Effective through December 31, 2018.]

      1.  The Board may suspend or revoke a person’s license as a psychologist, behavior analyst or assistant behavior analyst, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:

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

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice psychology or 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 psychology or the practice of applied behavior analysis.

      (e) Aided or abetted the practice of psychology by a person not licensed by the Board.

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

      (g) Violated a regulation adopted by the Board.

      (h) Had a license to practice psychology or a license or certificate 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 Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or 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, 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 1963, 192; A 1985, 1912; 1987, 1570; 1989, 1542; 1993, 795; 1995, 2495; 1999, 205; 2003, 2715; 2005, 787; 2009, 900; 2011, 859, 2617; 2015, 669, 721)

      NRS 641.230  Grounds for disciplinary action. [Effective January 1, 2019.]

      1.  The Board may suspend or revoke a person’s license as a psychologist, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of psychology.

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice psychology 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 psychology.

      (e) Aided or abetted the practice of psychology by a person not licensed by the Board.

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

      (g) Violated a regulation adopted by the Board.

      (h) Had a license to practice psychology 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 Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology 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, 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 1963, 192; A 1985, 1912; 1987, 1570; 1989, 1542; 1993, 795; 1995, 2495; 1999, 205; 2003, 2715; 2005, 787; 2009, 900; 2011, 859, 2617; 2015, 669, 721; 2017, 4251, effective January 1, 2019)

      NRS 641.232  Grounds for disciplinary action for licensed behavior analysts and licensed assistant behavior analysts: Regulations. [Effective through December 31, 2018.]  The Board shall adopt regulations that establish the grounds for disciplinary action for a licensed behavior analyst or licensed assistant behavior analyst.

      (Added to NRS by 2009, 1481; A 2015, 670; R 2017, 4265, effective January 1, 2019)

      NRS 641.240  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

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

      (d) Revoke the person’s license.

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

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

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board 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 Board. 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 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 1963, 192; A 1985, 1913; 1989, 1543; 2003, 3457; 2005, 788; 2011, 2618; 2015, 670)

      NRS 641.242  Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or registration issued pursuant to this chapter, the Board shall deem the license 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 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 or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to this chapter 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 or registration 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, 2153; A 2005, 2807; 2011, 95; 2015, 670; 2017, 2517)

      NRS 641.243  Service of process; publication of notice.  Except as otherwise provided in chapter 622A of NRS:

      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 psychologist at his or her last known address, as indicated on the records of the Board, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the psychologist’s last known address 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 Board and must be recorded in the minutes of the Board.

      (Added to NRS by 1985, 1909; A 2005, 789)

      NRS 641.245  Subpoenas.

      1.  The Board, any member thereof, a panel of its members 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 psychology.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board 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 Board, a panel of its members 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 Board, a panel of its members 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 1985, 1910)

      NRS 641.250  Filing of complaints concerning psychologists; retention of complaints.

      1.  The Board or any of its members, any review panel of a hospital or an association of psychologists which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

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

      (Added to NRS by 1963, 192; A 1985, 1913; 2009, 901)

      NRS 641.270  Review of complaint by Board; authority of Board to retain Attorney General to investigate complaint.  When a complaint is filed with the Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Board may:

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

      2.  If the Board 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 1963, 192; A 1985, 1913; 2011, 370)

      NRS 641.2705  Investigation into unlicensed activity as psychologist; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation.

      1.  The Board shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

      2.  If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license from the Board;

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

      (c) Shall provide a written summary of the Board’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 641.390 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 641.390, the Board 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 Board within 30 days after the date of issuance of the citation.

      (Added to NRS by 2011, 72)

      NRS 641.271  Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; action by Board; authority of Attorney General to charge Board for services.

      1.  If the Board retains the Attorney General pursuant to NRS 641.270, 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. 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 Board 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 Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      3.  If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 1.

      (Added to NRS by 1985, 1907; A 2011, 95, 370)

      NRS 641.272  Mental or physical examination of psychologist required by Board; consent to examination; confidentiality of reports; immediate suspension for failure to submit to examination.

      1.  Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.

      2.  Every psychologist licensed under this chapter who accepts the privilege of practicing psychology in this State shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the Board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist to submit to an examination as provided in this section constitutes grounds for the immediate suspension of the psychologist’s license.

      (Added to NRS by 1985, 1907; A 1989, 1544; 2005, 789)

      NRS 641.273  Examination regarding competency to practice psychology.  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any psychologist has raised a reasonable question as to competence to practice psychology with reasonable skill and safety to patients, the Board may require the psychologist to take a written or oral examination to determine whether the psychologist is competent to practice psychology. If an examination is required, the reasons therefor must be documented and made available to the psychologist being examined.

      (Added to NRS by 1985, 1908; A 2005, 789)

      NRS 641.274  Limitation on time for completion of examination if Board issues summary suspension of license of psychologist pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist pending proceedings for disciplinary action and requires the psychologist to submit to a mental or physical examination or an examination of his or her competency to practice psychology, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.

      (Added to NRS by 1985, 1908; A 1989, 1544; 2005, 789)

      NRS 641.276  Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.  Notwithstanding the provisions of chapter 622A of NRS, if the Board 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 Board receives the report.

      (Added to NRS by 1985, 1909; A 1989, 1544; 1993, 796; 2005, 790)

      NRS 641.285  Requirements for proof.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of psychology 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 to practice psychology 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 1985, 1909; A 2005, 790)

      NRS 641.312  Judicial review; duration of Board’s order; priority of petition for judicial review. [Effective through December 31, 2019.]

      1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked, and whose appeal pursuant to NRS 641.325 has been denied, is entitled to judicial review of the order.

      2.  Every order which limits the practice of psychology or suspends or revokes a license is effective from the date the Board certifies the order until the date the order is modified or reversed by an order of the Commission on Behavioral Health pursuant to NRS 641.325 or 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 1985, 1909; A 1989, 1545, 1659; 2017, 2238)

      NRS 641.312  Judicial review; duration of Board’s order; priority of petition for judicial review. [Effective January 1, 2020.]

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

      2.  Every order which limits the practice of psychology or suspends or revokes a license is effective from the date the Board 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 1985, 1909; A 1989, 1545, 1659; 2017, 2238, effective January 1, 2020)

      NRS 641.314  Temporary restraining order or preliminary injunction against psychologist pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist which is harmful to the public, to limit the psychologist’s practice or to suspend the license to practice psychology, 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 Board, a panel of its members 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 1985, 1908; A 1989, 1545; 2005, 790)

      NRS 641.316  Injunction against person practicing psychology without license.

      1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227.

      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.

      (Added to NRS by 1985, 1911; A 1989, 1546; 2017, 932)

      NRS 641.318  Immunity of certain persons from civil liability.  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the discipline of a psychologist 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 1985, 1910; A 1989, 1546; 2005, 790)

      NRS 641.320  Procedure for removing limitation, terminating probation or reinstating license.

      1.  Any person:

      (a) Whose practice of psychology has been limited;

      (b) Whose license has been revoked; or

      (c) Who has been placed on probation,

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

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other 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 1963, 193; A 1985, 1914; 1989, 1546; 2005, 791)

APPEALS

      NRS 641.325  Appeal of Board decision to Commission on Behavioral Health; notice to Board; investigation; final decision; scope of appeal. [Effective through December 31, 2019.]

      1.  Not later than 30 days after the Board denies an application for the issuance or renewal of a license or issues an order imposing disciplinary action against a licensee, the applicant or licensee aggrieved by the order may submit an appeal to the Commission on Behavioral Health. The Commission shall notify the Board not later than 10 days after receiving such an appeal.

      2.  The Commission shall, upon an appeal submitted pursuant to subsection 1, investigate the refusal of the Board to issue or renew a license or any disciplinary action imposed by the Board. The action of the Board remains in effect until the Commission renders a decision pursuant to subsection 3.

      3.  After conducting an investigation pursuant to subsection 2, the Commission shall render a decision on the appeal. In rendering a decision, the Commission shall presume that the action of the Board was proper and shall not substitute its judgment for that of the Board concerning the weight of evidence on a question of fact. The Commission may order the Board to issue or renew the license or modify or set aside the disciplinary action, as applicable, only if the Commission finds that the action of the Board:

      (a) Violates constitutional or statutory provisions;

      (b) Exceeds the statutory authority of the agency;

      (c) Was made upon unlawful procedure;

      (d) Is affected by other error of law;

      (e) Is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Is arbitrary or capricious or characterized by abuse of discretion.

      4.  An investigation conducted by the Commission pursuant to the provisions of this section is limited to the application for the issuance or renewal of a license and any information submitted in conjunction with the application or the record of the disciplinary proceeding created by the Board, as applicable. The Board shall provide those records to the Commission upon request. Unless the information is deemed a public record under the provisions of NRS 641.090 or 641.240 or other applicable law, the Commission shall keep the information confidential.

      (Added to NRS by 2017, 2236)

SCOPE OF REGULATION

      NRS 641.390  Representation or practice as psychologist without license prohibited; exceptions.

      1.  Except as authorized by the Psychology Interjurisdictional Compact enacted in NRS 641.227, a person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency.

      2.  This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.

      3.  This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

      4.  A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern,” “psychological resident” or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.

      5.  A person who is certified as a school psychologist by the State Board of Education may use the title “school psychologist” or “certified school psychologist” in connection with activities relating to school psychologists.

      (Added to NRS by 1963, 189; A 1973, 787; 1989, 1547; 2017, 932)

      NRS 641.395  Licensed assistant behavior analysts and autism behavior interventionists: Limitations on practice. [Effective through December 31, 2018.]

      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.  An autism behavior interventionist 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 2009, 1481; A 2015, 672; R 2017, 4265, effective January 1, 2019)

      NRS 641.410  Practice by nonresident psychologist as consultant.  A psychologist, not a resident of Nevada and not licensed in Nevada, who is certified or licensed in another state whose requirements for certification or licensure are equivalent to the requirements of this chapter is not subject to the provisions of this chapter if the psychologist does not practice psychology in the State of Nevada for over 30 days in any 1 calendar year, and if the psychologist is invited as a consultant by a psychologist licensed in Nevada.

      (Added to NRS by 1963, 190; A 1989, 1548)

PROHIBITED ACTS; PENALTIES

      NRS 641.440  Prohibited acts; penalty.  Any person who:

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

      2.  Gives either false or forged evidence of any kind to the Board or any member thereof, in connection with an application for a license;

      3.  Practices psychology under a false or assumed name or falsely personates another psychologist of a like or different name;

      4.  Except as provided in NRS 641.390, 641.410 and 641A.410, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license; or

      5.  Practices psychology unless he or she has been issued a license,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 1963, 194; A 1967, 643; 1973, 789; 1985, 1916; 1989, 1548)