[Rev. 5/2/2022 8:22:32 AM--2021]

CHAPTER 641D - APPLIED BEHAVIOR ANALYSIS

GENERAL PROVISIONS

NRS 641D.010        Definitions.

NRS 641D.020        “Assistant behavior analyst” defined.

NRS 641D.030        “Behavior analyst” defined.

NRS 641D.040        “Board” defined.

NRS 641D.050        “Community” defined.

NRS 641D.060        “Gross malpractice” defined.

NRS 641D.070        “Malpractice” defined.

NRS 641D.080        “Practice of applied behavior analysis” defined.

NRS 641D.090        “Professional incompetence” defined.

NRS 641D.100        “Registered behavior technician” defined.

NRS 641D.110        Applicability of chapter.

NRS 641D.120        Exemptions from requirements for licensure and registration.

NRS 641D.130        Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision.

BOARD OF APPLIED BEHAVIOR ANALYSIS

NRS 641D.200        Creation; membership; terms; meetings; officers; immunity.

NRS 641D.210        Required orientation for new members of Board; policies concerning compensation and performance review of staff.

NRS 641D.220        Salary of members; per diem allowance and travel expenses of members and employees.

NRS 641D.230        Deposit and use of money received by Board.

NRS 641D.240        Rules and regulations.

NRS 641D.250        Duty to enforce chapter; general powers.

NRS 641D.260        Board authorized to contract to carry out provisions of chapter.

NRS 641D.270        Records: Duties of Board; inspection; confidentiality of certain records; exceptions.

LICENSING AND REGISTRATION

NRS 641D.300        Application and fee; investigation of applicant.

NRS 641D.310        Qualifications of applicant; Board required to evaluate application and issue statement of determination; contents of statement.

NRS 641D.320        Board prohibited from denying application based solely on immigration or citizenship status of applicant; applicant without social security number required to provide alternative personally identifying number; confidentiality of number.

NRS 641D.330        Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duties of Board. [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 641D.330        Payment of child support: Submission of statement by applicant; grounds for denial of license or registration; duties 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 641D.340        Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance.

NRS 641D.350        Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 641D.360        Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective through December 31, 2021.]

NRS 641D.360        Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective January 1, 2022, through June 30, 2026.]

NRS 641D.360        Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective July 1, 2026.]

NRS 641D.370        Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension.

NRS 641D.380        Fees; regulations.

REGULATION OF PRACTICE

NRS 641D.600        Duties of licensee or registrant to limit practice to areas of competence and comply with certain ethical requirements; regulations.

NRS 641D.610        Limitations on practice of assistant behavior analyst or registered behavior technician; requirements concerning supervision.

DISCIPLINARY AND OTHER ACTIONS

NRS 641D.700        Grounds for disciplinary action.

NRS 641D.710        Regulations concerning additional grounds for disciplinary action.

NRS 641D.720        Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records.

NRS 641D.730        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 641D.740        Service of process; publication of notice.

NRS 641D.750        Subpoenas.

NRS 641D.760        Complaints: Filing; retention.

NRS 641D.770        Complaints: Review; authority to retain Attorney General to investigate.

NRS 641D.780        Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; provision of written summary concerning violation to Attorney General; administrative fine; appeal of citation.

NRS 641D.790        Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; determination and action of Board.

NRS 641D.800        Authority of Board to require examinations; licensee or registrant deemed to consent to examination; testimony or information received during examination not privileged; effect of failure to submit to examination; cost of examination.

NRS 641D.810        Limitation on time for completion of examination after issuance of order suspending license or registration pending disciplinary proceedings.

NRS 641D.820        Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.

NRS 641D.830        Requirements for proof.

NRS 641D.840        Judicial review; duration of Board’s order; priority of petition for judicial review.

NRS 641D.850        Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings.

NRS 641D.860        Injunction against practicing applied behavior analysis without license.

NRS 641D.870        Immunity of certain persons from civil liability.

NRS 641D.880        Procedure for removing limitation, terminating probation or reinstating license or registration.

PROHIBITED ACTS; PENALTY

NRS 641D.900        Representation as behavior analyst, assistant behavior analyst or registered behavior technician or practice of applied behavior analysis without proper credential prohibited.

NRS 641D.910        Prohibited acts; penalty.

_________

 

GENERAL PROVISIONS

      NRS 641D.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641D.020 to 641D.100, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.001)

      NRS 641D.020  “Assistant behavior analyst” defined.  “Assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as an assistant behavior analyst pursuant to this chapter.

      (Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.005)

      NRS 641D.030  “Behavior analyst” defined.  “Behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst pursuant to this chapter.

      (Added to NRS by 2017, 4220; A 2019, 2534; 2021, 1625)—(Substituted in revision for NRS 437.010)

      NRS 641D.040  “Board” defined.  “Board” means the Board of Applied Behavior Analysis created by NRS 641D.200.

      (Added to NRS by 2017, 4220)—(Substituted in revision for NRS 437.015)

      NRS 641D.050  “Community” defined.  “Community” means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assistant behavior analyst or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst or registered behavior technician has his or her office.

      (Added to NRS by 2017, 4220; A 2019, 2534)—(Substituted in revision for NRS 437.020)

      NRS 641D.060  “Gross malpractice” defined.  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

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

      2.  Gross negligence;

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

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

      (Added to NRS by 2017, 4220; A 2019, 2535)—(Substituted in revision for NRS 437.030)

      NRS 641D.070  “Malpractice” defined.  “Malpractice” means failure on the part of a behavior analyst, assistant behavior analyst or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analysts or registered behavior technicians, as applicable, in good standing in the community.

      (Added to NRS by 2017, 4220; A 2019, 2535)—(Substituted in revision for NRS 437.035)

      NRS 641D.080  “Practice of applied behavior analysis” defined.

      1.  “Practice of applied behavior analysis” means the design, implementation and evaluation of instructional and environmental modifications to produce socially significant improvement in human behavior, including, without limitation:

      (a) The empirical identification of functional relations between environment and behavior;

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

      (c) The use of interventions based on scientific research and the direct and indirect observation and measurement of relations between environment and behavior.

      2.  The term does not include diagnosis, psychological testing, psychotherapy, cognitive therapy, psychoanalysis or counseling.

      (Added to NRS by 2017, 4221; A 2019, 2535; 2021, 1625)—(Substituted in revision for NRS 437.040)

      NRS 641D.090  “Professional incompetence” defined.  “Professional incompetence” means lack of ability to practice applied behavior analysis safely and skillfully arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental ability; or

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

      (Added to NRS by 2017, 4221)—(Substituted in revision for NRS 437.045)

      NRS 641D.100  “Registered behavior technician” defined.  “Registered behavior technician” means a person who:

      1.  Is certified as a registered behavior technician by the Behavior Analyst Certification Board, Inc., or its successor organization;

      2.  Is registered as such pursuant to this chapter; and

      3.  Engages in applied behavior analysis services under supervision as required by NRS 641D.610.

      (Added to NRS by 2017, 4221; A 2019, 2535; 2021, 1625)—(Substituted in revision for NRS 437.050)

      NRS 641D.110  Applicability of chapter.  The provisions of this chapter do not apply to:

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

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

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

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

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

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

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

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

      9.  Any member of the clergy;

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

      11.  An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the duties of his or her position,

Ê if such a person does not commit an act described in NRS 641D.910 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

      (Added to NRS by 2017, 4221; A 2019, 2536; 2021, 801, 1625)—(Substituted in revision for NRS 437.060)

      NRS 641D.120  Exemptions from requirements for licensure and registration.

      1.  A person is not required to be licensed or registered pursuant to this chapter if he or she:

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

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

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

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

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

      2.  A person described in subsection 1:

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

      (b) Shall not represent or imply that he or she is licensed or registered pursuant to this chapter.

      (Added to NRS by 2017, 4222; A 2019, 2536; 2021, 1626)—(Substituted in revision for NRS 437.065)

      NRS 641D.130  Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision.

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

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

      (b) An internship or fellowship.

      2.  A person described in subsection 1:

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

      (b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician, or represent or imply that he or she is licensed or registered pursuant to this chapter.

      (Added to NRS by 2017, 4222; A 2019, 2537)—(Substituted in revision for NRS 437.070)

BOARD OF APPLIED BEHAVIOR ANALYSIS

      NRS 641D.200  Creation; membership; terms; meetings; officers; immunity.

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

      2.  The Governor shall appoint to the Board:

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

      (b) One voting member who is a behavior analyst or an assistant behavior analyst licensed in this State.

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

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

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

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

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

      (Added to NRS by 2017, 4223; A 2021, 1627, 1630)—(Substituted in revision for NRS 437.100 and 437.150)

      NRS 641D.210  Required orientation for new members of Board; policies concerning compensation and performance review of staff.  The Board shall:

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

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

      (b) Any applicable laws and regulations, including, without limitation, the provisions of NRS 641D.700 to 641D.880, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

      (c) Any requirements relating to managing the finances of the Board.

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

      (Added to NRS by 2021, 1624)

      NRS 641D.220  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 2017, 4223)—(Substituted in revision for NRS 437.105)

      NRS 641D.230  Deposit and use of money received by Board.  Money received from the licensure of behavior analysts and assistant behavior analysts and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board for purposes relating to the duties of the Board under the provisions of this chapter must be deposited by the Secretary-Treasurer of the Board in a bank, credit union, savings and loan association or savings bank in this State to be expended for payment of compensation and expenses of the members and employees of the Board and for any other necessary purpose in the administration of this chapter.

      (Added to NRS by 2017, 4224; A 2019, 2538; 2021, 1628)—(Substituted in revision for part of NRS 437.140)

      NRS 641D.240  Rules and regulations.  The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure or registration of applicants, the granting, refusal, revocation or suspension of licenses or registrations and the practice of applied behavior analysis.

      (Added to NRS by 2017, 4224; A 2019, 2537)—(Substituted in revision for NRS 437.110)

      NRS 641D.250  Duty to enforce chapter; general powers.  The Board shall enforce the provisions of this chapter and may, under the provisions of this chapter:

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

      2.  License and register qualified applicants;

      3.  Revoke or suspend licenses and registrations or impose other disciplinary action;

      4.  Collect applications and fees and make disbursements pursuant to this chapter; and

      5.  Conduct investigations related to the duties of the Board under this chapter and take evidence on any matter under inquiry before the Board.

      (Added to NRS by 2017, 4224; A 2019, 2537; 2021, 1627)—(Substituted in revision for NRS 437.130)

      NRS 641D.260  Board authorized to contract to carry out provisions of chapter.  The Board may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter. The purposes of such a contract may include, without limitation:

      1.  To obtain assistance in processing applications for the issuance or renewal of a license;

      2.  To obtain technical assistance;

      3.  To facilitate cooperation with another board or licensing entity in this State or any other jurisdiction;

      4.  To obtain recommendations to improve and standardize procedures used by the Board; and

      5.  To obtain assistance in identifying resources for improving the operations of the Board.

      (Added to NRS by 2021, 1624)

      NRS 641D.270  Records: Duties of Board; inspection; confidentiality of certain records; exceptions.

      1.  The Board shall make and keep:

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

      (b) A register of all licenses and registrations.

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

      2.  Except as otherwise provided in this section, the records described in subsection 1 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 licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2017, 4222; A 2019, 2538; 2021, 1629)—(Substituted in revision for NRS 437.145)

LICENSING AND REGISTRATION

      NRS 641D.300  Application and fee; investigation of applicant.

      1.  Each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must:

      (a) Make application to the Board upon a form and in a manner prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board pursuant to NRS 641D.380 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 641D.310 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 2017, 4225; A 2019, 2539; 2021, 1630)—(Substituted in revision for NRS 437.200)

      NRS 641D.310  Qualifications of applicant; Board required to evaluate application and issue statement of determination; contents of statement.

      1.  Except as otherwise provided in NRS 641D.340 and 641D.350, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

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

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

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

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

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

      3.  Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and will be supervised by a person authorized by subsection 2 of NRS 641D.610 to provide such supervision. The Board shall not require any additional education or training for registration as a registered behavior technician.

      4.  Except as otherwise provided in NRS 641D.340 and 641D.350, within 120 days after the Board receives an application and the accompanying evidence, the Board shall:

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

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

      5.  If the Board determines that the qualifications of the applicant are insufficient for licensure or registration, the written statement issued to the applicant pursuant to subsection 4 must include a detailed explanation of the reasons for that determination.

      (Added to NRS by 2017, 4226; A 2019, 2540, 4342; 2021, 1631)—(Substituted in revision for NRS 437.205)

      NRS 641D.320  Board prohibited from denying application based solely on immigration or citizenship status of applicant; applicant without social security number required to provide alternative personally identifying number; confidentiality of number.

      1.  The Board shall not deny the application of a person for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician pursuant to NRS 641D.300 based solely on his or her immigration or citizenship status.

      2.  Notwithstanding the provisions of NRS 641D.330, an applicant for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician.

      3.  The Board shall not disclose to any person who is not employed by the Board the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

      (a) Tax purposes;

      (b) Licensing purposes; and

      (c) Enforcement of an order for the payment of child support.

      4.  A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Board is confidential and is not a public record for the purposes of chapter 239 of NRS.

      (Added to NRS by 2019, 4342; A 2021, 1632)—(Substituted in revision for NRS 437.207)

      NRS 641D.330  Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duties of Board. [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.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician 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 as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician 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 as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must 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 2017, 4226; A 2019, 2541; 2021, 1632)—(Substituted in revision for NRS 437.210)

      NRS 641D.330  Payment of child support: Submission of statement by applicant; grounds for denial of license or registration; duties 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 as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician 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 as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must 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 2017, 4226; A 2019, 2541; 2021, 1632, 1633, 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 641D.340  Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance.

      1.  The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States.

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a behavior analyst or by the Behavior Analyst Certification Board, Inc., or its successor organization; and

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

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641D.300;

      (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 the regulations adopted pursuant to NRS 641D.380; and

      (e) Any other information required by the Board.

      3.  Not later than 30 business days after the Board receives an application for a license by endorsement as a 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 behavior analyst 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.

      (Added to NRS by 2017, 4227; A 2019, 2541, 4343; 2021, 1633)—(Substituted in revision for NRS 437.215)

      NRS 641D.350  Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

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

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

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

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a behavior analyst or by the Behavior Analyst Certification Board, Inc., or its successor organization; and

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

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641D.300;

      (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 the regulations adopted pursuant to NRS 641D.380; and

      (e) Any other information required by the Board.

      3.  Not later than 30 business days after the Board receives an application for a license by endorsement as a 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 behavior analyst 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.  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 behavior analyst in accordance with regulations adopted by the Board.

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

      (Added to NRS by 2017, 4228; A 2019, 2542, 4344; 2021, 1634)—(Substituted in revision for NRS 437.220)

      NRS 641D.360  Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective through December 31, 2021.]

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

      (a) Apply to the Board for renewal;

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

      (c) Submit evidence to the Board:

             (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and

             (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and

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

      2.  In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300.

      3.  The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:

      (a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable; and

      (b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

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

      (Added to NRS by 2017, 4229; A 2019, 2543; 2021, 1635)—(Substituted in revision for NRS 437.225)

      NRS 641D.360  Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective January 1, 2022, through June 30, 2026.]

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

      (a) Apply to the Board for renewal;

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

      (c) Submit evidence to the Board:

             (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and

             (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and

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

      2.  In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300.

      3.  The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:

      (a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable.

      (b) 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.

      (c) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

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

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

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

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

                   (II) Persons from various religious backgrounds;

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

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

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

                   (VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.

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

      (Added to NRS by 2017, 4229; A 2019, 2543; 2021, 892, 1635, effective January 1, 2022)

      NRS 641D.360  Renewal: Application; fee; investigation of criminal history; continuing education; regulations. [Effective July 1, 2026.]

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

      (a) Apply to the Board for renewal;

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

      (c) Submit evidence to the Board:

             (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and

             (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and

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

      2.  In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300.

      3.  The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:

      (a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable.

      (b) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

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

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

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

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

                    (II) Persons from various religious backgrounds;

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

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

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

                   (VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.

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

      (Added to NRS by 2017, 4229; A 2017, 4263; 2019, 2543; 2021, 892, 1635, effective July 1, 2026)

      NRS 641D.370  Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension.

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

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

      (Added to NRS by 2017, 4230; A 2019, 2544; 2021, 1636)—(Substituted in revision for NRS 437.335)

      NRS 641D.380  Fees; regulations.

      1.  The Board shall prescribe, by regulation, fees for any services provided by the Board pursuant to this chapter and the following fees, which must not exceed:

 

Application for licensure as a behavior analyst or assistant behavior analyst $100

Issuance of an initial license as a behavior analyst or assistant behavior analyst      25

Biennial renewal or reinstatement of a license as a behavior analyst........... 550

Biennial renewal or reinstatement of a license as an assistant behavioral analyst     425

Biennial renewal or reinstatement of a registration as a registered behavior technician           100

Placement of a license on inactive status........................................................... 100

Biennial review of a license on inactive status.................................................. 100

Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed.. 300

Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed 100

Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed              175

Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed         40

Reproduction and mailing of material for an application.................................. 25

A dishonored check.................................................................................................. 35

A change of name on a license or registration..................................................... 25

A duplicate license or registration......................................................................... 25

Copies of the provisions of NRS relating to the practice of applied behavior analysis and the rules and regulations adopted by the Board......................................................................................... 25

Letter of good standing............................................................................................ 15

Review and approval of a course or program of continuing education........... 25

 

      2.  The Board shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 641D.220, and does not exceed the amount necessary to pay those costs.

      (Added to NRS by 2017, 4224; A 2019, 2538; 2021, 1628)—(Substituted in revision for part of NRS 437.140)

REGULATION OF PRACTICE

      NRS 641D.600  Duties of licensee or registrant to limit practice to areas of competence and comply with certain ethical requirements; regulations.

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

      2.  A registered behavior technician shall only perform duties that his or her supervising behavior analyst or assistant behavior analyst has deemed the registered behavior technician competent to perform.

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

      4.  A licensed behavior analyst or assistant behavior analyst or registered behavior technician shall comply with any applicable requirements concerning ethics prescribed by the Behavior Analyst Certification Board, Inc., or its successor organization.

      (Added to NRS by 2017, 4224; A 2019, 2537; 2021, 1626)—(Substituted in revision for NRS 437.075)

      NRS 641D.610  Limitations on practice of assistant behavior analyst or registered behavior technician; requirements concerning supervision.

      1.  A licensed assistant behavior analyst shall not engage in or supervise the practice of applied behavior analysis except under the supervision of:

      (a) A licensed psychologist who:

             (1) Is certified as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization; and

             (2) Has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor; or

      (b) A licensed behavior analyst who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.

      2.  A registered behavior technician shall not engage in the practice of applied behavior analysis except under the supervision of:

      (a) A psychologist described in paragraph (a) of subsection 1;

      (b) A behavior analyst described in paragraph (b) of subsection 1; or

      (c) A licensed assistant behavior analyst who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.

      3.  A psychologist, behavior analyst or assistant behavior analyst who provides supervision pursuant to this section must comply with the requirements prescribed by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, concerning supervision.

      (Added to NRS by 2017, 4236; A 2019, 2551; 2021, 1642)—(Substituted in revision for NRS 437.505)

DISCIPLINARY AND OTHER ACTIONS

      NRS 641D.700  Grounds for disciplinary action.

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

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

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

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

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

      (e) Except as otherwise provided in NRS 641D.110 and 641D.130, aided or abetted practice as a behavior analyst, assistant behavior analyst or registered behavior technician by a person who is not licensed or registered, as applicable, pursuant to this chapter.

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

      (g) Violated a regulation adopted by the Board.

      (h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia, a foreign country or the Behavior Analyst Certification Board, Inc., or its successor organization, 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, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter, including, without limitation, subsection 4 of NRS 641D.600.

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

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

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

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

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

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

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

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

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

      (Added to NRS by 2017, 4230; A 2019, 2545; 2021, 1636)—(Substituted in revision for NRS 437.400)

      NRS 641D.710  Regulations concerning additional grounds for disciplinary action.  The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician in addition to those prescribed by NRS 641D.700.

      (Added to NRS by 2017, 4231; A 2019, 2546)—(Substituted in revision for NRS 437.405)

      NRS 641D.720  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records.

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

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

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

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

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

      (f) Revoke or suspend the person’s license or registration 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 2017, 4231; A 2019, 2546; 2021, 1637)—(Substituted in revision for NRS 437.410)

      NRS 641D.730  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 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 or registration 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 or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2017, 4232; A 2019, 2546; 2021, 1638)—(Substituted in revision for NRS 437.415)

      NRS 641D.740  Service of process; publication of notice.

      1.  Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the 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 last known address of the person upon whom process is to be served, or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

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

      (Added to NRS by 2017, 4232; A 2021, 1638)—(Substituted in revision for NRS 437.420)

      NRS 641D.750  Subpoenas.

      1.  The Board or 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 applied behavior analysis.

      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 or panel 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 or panel or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added to NRS by 2017, 4232; A 2019, 2547; 2021, 1638)—(Substituted in revision for NRS 437.425)

      NRS 641D.760  Complaints: Filing; retention.

      1.  The Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the 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 2017, 4233; A 2019, 2547; 2021, 1639)—(Substituted in revision for NRS 437.430)

      NRS 641D.770  Complaints: Review; authority to retain Attorney General to investigate.  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 2017, 4233; A 2019, 2548; 2021, 1639)—(Substituted in revision for NRS 437.435)

      NRS 641D.780  Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; provision of written summary concerning violation to Attorney General; administrative fine; appeal of citation.

      1.  The Board shall conduct an investigation of each complaint filed pursuant to NRS 641D.760 which sets forth reason to believe that a person has violated NRS 641D.900.

      2.  If, after an investigation, the Board determines that a person has violated NRS 641D.900, the Board:

      (a) May:

             (1) Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641D.900 until the person obtains the proper license or registration; and

             (2) Issue a citation to the person; and

      (b) 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 641D.900 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 641D.900, 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 2017, 4233; A 2019, 2548; 2021, 1639)—(Substituted in revision for NRS 437.440)

      NRS 641D.790  Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; determination and action of Board.

      1.  If the Board retains the Attorney General pursuant to NRS 641D.770, 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 or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the 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 and either:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      (Added to NRS by 2017, 4234; A 2019, 2548; 2021, 1640)—(Substituted in revision for NRS 437.445)

      NRS 641D.800  Authority of Board to require examinations; licensee or registrant deemed to consent to examination; testimony or information received during examination not privileged; effect of failure to submit to examination; cost of examination.

      1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any behavior analyst, assistant behavior analyst or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Board may, to assist the Board or its designee in determining competence, require the behavior analyst, assistant behavior analyst or registered behavior technician to undergo:

      (a) A mental or physical examination administered by a qualified provider of health care;

      (b) An examination testing his or her competence to practice applied behavior analysis; or

      (c) Any other examination designated by the Board to be necessary to determine his or her competence to practice applied behavior analysis.

      2.  If an examination is required by the Board pursuant to subsection 1, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst or registered behavior technician being examined.

      3.  An applicant or person who holds a license or registration pursuant to this chapter is deemed to consent to submit to an examination required pursuant to subsection 1 when the Board provides a written order for such an examination.

      4.  Any testimony, report or other information of the examining provider of health care received during an examination administered pursuant to subsection 1 is not a privileged communication.

      5.  Except in extraordinary circumstances, as determined by the Board, a behavior analyst, assistant behavior analyst or registered behavior technician who fails to submit to an examination required pursuant to subsection 1 after the Board provides a written order for such an examination shall be deemed to have admitted to the charge of the Board against him or her.

      6.  The Board may require a behavior analyst, assistance behavior analyst or registered behavior technician to pay the cost of an examination administered pursuant to subsection 1.

      7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      (Added to NRS by 2017, 4234; A 2019, 2549; 2021, 1640)—(Substituted in revision for NRS 437.450)

      NRS 641D.810  Limitation on time for completion of examination after issuance of order suspending license or registration pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order suspending the license of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the Board issues the order.

      (Added to NRS by 2017, 4234; A 2019, 2549)—(Substituted in revision for NRS 437.455)

      NRS 641D.820  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 2017, 4234; A 2021, 1641)—(Substituted in revision for NRS 437.460)

      NRS 641D.830  Requirements for proof.  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board or a hearing officer conducted under the provisions of this chapter:

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

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

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

      (Added to NRS by 2017, 4234; A 2019, 2549; 2021, 1641)—(Substituted in revision for NRS 437.465)

      NRS 641D.840  Judicial review; duration of Board’s order; priority of petition for judicial review.

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

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

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

      (Added to NRS by 2017, 4235; A 2019, 2549)—(Substituted in revision for NRS 437.470)

      NRS 641D.850  Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings.  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Board 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 behavior analyst, an assistant behavior analyst or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

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

      (Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1641)—(Substituted in revision for NRS 437.475)

      NRS 641D.860  Injunction against practicing applied behavior analysis without license.

      1.  The Board or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 641D.910 or as a behavior analyst, assistant behavior analyst or registered behavior technician without the proper license or registration.

      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 or registration.

      (Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1642)—(Substituted in revision for NRS 437.480)

      NRS 641D.870  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 behavior analysts, assistant behavior analysts or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      (Added to NRS by 2017, 4235; A 2019, 2550; 2021, 1642)—(Substituted in revision for NRS 437.485)

      NRS 641D.880  Procedure for removing limitation, terminating probation or reinstating license or registration.

      1.  Any person:

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

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

      (c) Who has been placed on probation,

Ê by an order of the Board 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 or registration.

      2.  In hearing the application, the Board:

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

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

      3.  The Board may deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      (Added to NRS by 2017, 4236; A 2019, 2551; 2021, 1642)—(Substituted in revision for NRS 437.490)

PROHIBITED ACTS; PENALTY

      NRS 641D.900  Representation as behavior analyst, assistant behavior analyst or registered behavior technician or practice of applied behavior analysis without proper credential prohibited.  Except as otherwise provided in NRS 641D.110, 641D.120 and 641D.130, a person shall not represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician within the meaning of this chapter or engage in the practice of applied behavior analysis unless he or she is licensed or registered as required by the provisions of this chapter.

      (Added to NRS by 2017, 4236; A 2019, 2551)—(Substituted in revision for NRS 437.500)

      NRS 641D.910  Prohibited acts; penalty.  Any person who:

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

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

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

      4.  Except as otherwise provided in NRS 641D.110 and 641D.120, represents himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst or registered behavior technician, unless he or she has been issued a license or registration as required by this chapter; or

      5.  Except as otherwise provided in NRS 641D.110, 641D.120 and 641D.130, practices as an applied behavior analyst, assistant behavior analyst or registered behavior technician unless he or she has been issued a license or registration, as applicable,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 2017, 4236; A 2019, 2551; 2021, 1643)—(Substituted in revision for NRS 437.510)