REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 163
- *AB163*
ASSEMBLY BILL NO. 163–ASSEMBLYMEMBER HAFEN
PREFILED JANUARY 31, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Enters into the Counseling Compact. (BDR 54-129)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to mental health; ratifying and entering into the
Counseling Compact; authorizing the sharing of certain
information with the coordinated database and reporting
system created by the Compact; providing licensed
professional counselors practicing in this State under the
Compact with the same legal status as clinical
professional counselors who are licensed in this State; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law regulates the practice of licensed professional counselors, known 1
as clinical professional counselors, in this State. (Chapter 641A of NRS) Section 1 2
of this bill ratifies and enters into the Counseling Compact, which is an interstate 3
compact that allows a person who is licensed as a licensed professional counselor in 4
a state that is a member of the Compact to practice as a licensed professional 5
counselor in other states that are members of the Compact. In order to practice as a 6
licensed professional counselor under the Compact, the Compact requires a 7
licensed professional counselor to: (1) hold a license in his or her home state; (2) 8
have a valid social security number or National Practitioner Identifier; (3) notify the 9
Counseling Compact Commission, a joint public agency established by the 10
Compact, that he or she is seeking to practice under the Compact in another state; 11
(4) have had no encumbrances or restrictions placed against any license or authority 12
to practice under the Compact within the previous 2 years; (5) pay any applicable 13
fees; (6) meet any requirements for continuing education established by his or her 14
home state; (7) meet any requirement in the state in which he or she seeks to 15
practice under the Compact to pass an assessment of his or her knowledge of the 16
applicable laws and rules of that state; and (8) report any adverse action taken 17
against him or her or any encumbrance or restriction placed upon him or her in a 18
non-member state within 30 days after the date of the adverse action or the 19
placement of the encumbrance or restriction, as applicable. The Compact also 20
requires a member state to authorize a professional counselor who is licensed in a 21
member state to provide counseling services via telehealth to a patient located in 22
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any member state under rules prescribed by the Commission. The Compact 23
authorizes a member state to take certain adverse actions against a licensed 24
professional counselor practicing within that member state under the Compact. The 25
Compact requires the Commission, among other duties, to: (1) establish bylaws; (2) 26
make rules that facilitate and coordinate implementation and administration of the 27
Compact; (3) hold meetings, which may be closed to the public under certain 28
conditions; (4) develop, maintain and use a coordinated database and reporting 29
system; and (5) resolve disputes related to the Compact among states that are 30
members of the Compact. The Commission is additionally authorized to levy and 31
collect an annual assessment from each state that is a member of the Compact. 32
Section 2 of this bill authorizes the Board of Examiners for Marriage and 33
Family Therapists and Clinical Professional Counselors to disclose certain 34
investigatory information to the Commission and the coordinated database and 35
reporting system when required by the Compact. Sections 1 and 4 of this bill 36
provide for the confidentiality of certain information disclosed to the Board from 37
the coordinated database and reporting system. 38
Section 3 of this bill deems practicing as a licensed professional counselor 39
under the Compact to be equivalent to practicing as a clinical professional 40
counselor under a license issued by the Board. 41
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
The Counseling Compact is hereby ratified and entered into 3
with all other jurisdictions legally joining the Compact, in 4
substantially the form set forth in this section: 5
COUNSELING COMPACT 6
7
SECTION 1. PURPOSE 8
9
The purpose of this Compact is to facilitate interstate practice 10
of Licensed Professional Counselors with the goal of improving 11
public access to Professional Counseling services. The practice of 12
Professional Counseling occurs in the State where the client is 13
located at the time of the counseling services. The Compact 14
preserves the regulatory authority of States to protect public health 15
and safety through the current system of State licensure. 16
This Compact is designed to achieve the following objectives: 17
A. Increase public access to Professional Counseling services 18
by providing for the mutual recognition of other Member State 19
licenses; 20
B. Enhance the States’ ability to protect the public’s health 21
and safety; 22
C. Encourage the cooperation of Member States in 23
regulating multistate practice for Licensed Professional 24
Counselors; 25
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D. Support spouses of relocating Active Duty Military 1
personnel; 2
E. Enhance the exchange of licensure, investigative, and 3
disciplinary information among Member States; 4
F. Allow for the use of Telehealth technology to facilitate 5
increased access to Professional Counseling services; 6
G. Support the uniformity of Professional Counseling 7
licensure requirements throughout the States to promote public 8
safety and public health benefits; 9
H. Invest all Member States with the authority to hold a 10
Licensed Professional Counselor accountable for meeting all State 11
practice laws in the State in which the client is located at the time 12
care is rendered through the mutual recognition of Member State 13
licenses; 14
I. Eliminate the necessity for licenses in multiple States; and 15
J. Provide opportunities for interstate practice by Licensed 16
Professional Counselors who meet uniform licensure 17
requirements. 18
19
SECTION 2. DEFINITIONS 20
21
As used in this Compact, and except as otherwise provided, the 22
following definitions shall apply: 23
A. “Active Duty Military” means full-time duty status in the 24
active uniformed service of the United States, including members 25
of the National Guard and Reserve on active duty orders pursuant 26
to 10 U.S.C. Chapters 1209 and 1211. 27
B. “Adverse Action” means any administrative, civil, 28
equitable or criminal action permitted by a State’s laws which is 29
imposed by a licensing board or other authority against a Licensed 30
Professional Counselor, including actions against an individual’s 31
license or Privilege to Practice such as revocation, suspension, 32
probation, monitoring of the licensee, limitation on the licensee’s 33
practice, or any other Encumbrance on licensure affecting a 34
Licensed Professional Counselor’s authorization to practice, 35
including issuance of a cease and desist action. 36
C. “Alternative Program” means a non -disciplinary 37
monitoring or practice remediation process approved by a 38
Professional Counseling Licensing Board to address Impaired 39
Practitioners. 40
D. “Continuing Competence/Education” means a 41
requirement, as a condition of license renewal, to provide evidence 42
of participation in, and/or completion of, educational and 43
professional activities relevant to practice or area of work. 44
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E. “Counseling Compact Commission” or “Commission” 1
means the national administrative body whose membership 2
consists of all States that have enacted the Compact. 3
F. “Current Significant Investigative Information” means: 4
1. Investigative Information that a Licensing Board, after a 5
preliminary inquiry that includes notification and an opportunity 6
for the Licensed Professional Counselor to respond, if required by 7
State law, has reason to believe is not groundless and, if proved 8
true, would indicate more than a minor infraction; or 9
2. Investigative Information that indicates that the Licensed 10
Professional Counselor represents an immediate threat to public 11
health and safety regardless of whether the Licensed Professional 12
Counselor has been notified and had an opportunity to respond. 13
G. “Data System” means a repository of information about 14
Licensees, including, but not limited to, continuing education, 15
examination, licensure, investigative, Privilege to Practice and 16
Adverse Action information. 17
H. “Encumbered License” means a license in which an 18
Adverse Action restricts the practice of licensed Professional 19
Counseling by the Licensee and said Adverse Action has been 20
reported to the National Practitioners Data Bank (NPDB). 21
I. “Encumbrance” means a revocation or suspension of, or 22
any limitation on, the full and unrestricted practice of Licensed 23
Professional Counseling by a Licensing Board. 24
J. “Executive Committee” means a group of directors elected 25
or appointed to act on behalf of, and within the powers granted to 26
them by, the Commission. 27
K. “Home State” means the Member State that is the 28
Licensee’s primary State of residence. 29
L. “Impaired Practitioner” means an individual who has a 30
condition(s) that may impair their ability to practice as a Licensed 31
Professional Counselor without some type of intervention and may 32
include, but are not limited to, alcohol and drug dependence, 33
mental health impairment, and neurological or physical 34
impairments. 35
M. “Investigative Information” means information, records, 36
and documents received or generated by a Professional 37
Counseling Licensing Board pursuant to an investigation. 38
N. “Jurisprudence Requirement” if required by a Member 39
State, means the assessment of an individual’s knowledge of the 40
laws and Rules governing the practice of Professional Counseling 41
in a State. 42
O. “Licensed Professional Counselor” means a counselor 43
licensed by a Member State, regardless of the title used by that 44
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State, to independently assess, diagnose, and treat behavioral 1
health conditions. 2
P. “Licensee” means an individual who currently holds an 3
authorization from the State to practice as a Licensed Professional 4
Counselor. 5
Q. “Licensing Board” means the agency of a State, or 6
equivalent, that is responsible for the licensing and regulation of 7
Licensed Professional Counselors. 8
R. “Member State” means a State that has enacted the 9
Compact. 10
S. “Privilege to Practice” means a legal authorization, which 11
is equivalent to a license, permitting the practice of Professional 12
Counseling in a Remote State. 13
T. “Professional Counseling” means the assessment, 14
diagnosis, and treatment of behavioral health conditions by a 15
Licensed Professional Counselor. 16
U. “Remote State” means a Member State other than the 17
Home State, where a Licensee is exercising or seeking to exercise 18
the Privilege to Practice. 19
V. “Rule” means a regulation promulgated by the 20
Commission that has the force of law. 21
W. “Single State License” means a Licensed Professional 22
Counselor license issued by a Member State that authorizes 23
practice only within the issuing State and does not include a 24
Privilege to Practice in any other Member State. 25
X. “State” means any state, commonwealth, district, or 26
territory of the United States of America that regulates the practice 27
of Professional Counseling. 28
Y. “Telehealth” means the application of telecommunication 29
technology to deliver Professional Counseling services remotely to 30
assess, diagnose, and treat behavioral health conditions. 31
Z. “Unencumbered License” means a license that authorizes 32
a Licensed Professional Counselor to engage in the full and 33
unrestricted practice of Professional Counseling. 34
35
SECTION 3. STATE PARTICIPATION IN THE COMPACT 36
37
A. To Participate in the Compact, a State must currently: 38
1. License and regulate Licensed Professional Counselors; 39
2. Require Licensees to pass a nationally recognized exam 40
approved by the Commission; 41
3. Require Licensees to have a 60 semester-hour (or 90 42
quarter-hour) master’s degree in counseling or 60 semester-hours 43
(or 90 quarter-hours) of graduate course work including the 44
following topic areas: 45
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a. Professional Counseling Orientation and Ethical 1
Practice; 2
b. Social and Cultural Diversity; 3
c. Human Growth and Development; 4
d. Career Development; 5
e. Counseling and Helping Relationships; 6
f. Group Counseling and Group Work; 7
g. Diagnosis and Treatment; Assessment and Testing; 8
h. Research and Program Evaluation; and 9
i. Other areas as determined by the Commission. 10
4. Require Licensees to complete a supervised postgraduate 11
professional experience as defined by the Commission; and 12
5. Have a mechanism in place for receiving and 13
investigating complaints about Licensees. 14
B. A Member State shall: 15
1. Participate fully in the Commission’s Data System, 16
including using the Commission’s unique identifier as defined in 17
Rules; 18
2. Notify the Commission, in compliance with the terms of 19
the Compact and Rules, of any Adverse Action or the availability 20
of Investigative Information regarding a Licensee; 21
3. Implement or utilize procedures for considering the 22
criminal history records of applicants for an initial Privilege to 23
Practice. These procedures shall include the submission of 24
fingerprints or other biometric-based information by applicants 25
for the purpose of obtaining an applicant’s criminal history record 26
information from the Federal Bureau of Investigation and the 27
agency responsible for retaining that State’s criminal records; 28
a. A member state must fully implement a criminal 29
background check requirement, within a time frame established by 30
rule, by receiving the results of the Federal Bureau of 31
Investigation record search and shall use the results in making 32
licensure decisions. 33
b. Communication between a Member State, the 34
Commission and among Member States regarding the verification 35
of eligibility for licensure through the Compact shall not include 36
any information received from the Federal Bureau of 37
Investigation relating to a federal criminal records check 38
performed by a Member State under Public Law 92-544. 39
4. Comply with the Rules of the Commission; 40
5. Require an applicant to obtain or retain a license in the 41
Home State and meet the Home State’s qualifications for 42
licensure or renewal of licensure, as well as all other applicable 43
State laws; 44
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6. Grant the Privilege to Practice to a Licensee holding a 1
valid Unencumbered License in another Member State in 2
accordance with the terms of the Compact and Rules; and 3
7. Provide for the attendance of the State’s commissioner to 4
the Counseling Compact Commission meetings. 5
C. Member States may charge a fee for granting the Privilege 6
to Practice. 7
D. Individuals not residing in a Member State shall continue 8
to be able to apply for a Member State’s Single State License as 9
provided under the laws of each Member State. However, the 10
Single State License granted to these individuals shall not be 11
recognized as granting a Privilege to Practice Professional 12
Counseling in any other Member State. 13
E. Nothing in this Compact shall affect the requirements 14
established by a Member State for the issuance of a Single State 15
License. 16
F. A license issued to a Licensed Professional Counselor by a 17
Home State to a resident in that State shall be recognized by each 18
Member State as authorizing a Licensed Professional Counselor 19
to practice Professional Counseling, under a Privilege to Practice, 20
in each Member State. 21
22
SECTION 4. PRIVILEGE TO PRACTICE 23
24
A. To exercise the Privilege to Practice under the terms and 25
provisions of the Compact, the Licensee shall: 26
1. Hold a license in the Home State; 27
2. Have a valid United States Social Security Number or 28
National Practitioner Identifier; 29
3. Be eligible for a Privilege to Practice in any Member 30
State in accordance with Section 4(D), (G) and (H); 31
4. Have not had any Encumbrance or restriction against 32
any license or Privilege to Practice within the previous two (2) 33
years; 34
5. Notify the Commission that the Licensee is seeking the 35
Privilege to Practice within a Remote State(s); 36
6. Pay any applicable fees, including any State fee, for the 37
Privilege to Practice; 38
7. Meet any Continuing Competence/Education 39
requirements established by the Home State; 40
8. Meet any Jurisprudence Requirements established by the 41
Remote State(s) in which the Licensee is seeking a Privilege to 42
Practice; and 43
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9. Report to the Commission any Adverse Action, 1
Encumbrance, or restriction on license taken by any non-Member 2
State within 30 days from the date the action is taken. 3
B. The Privilege to Practice is valid until the expiration date 4
of the Home State license. The Licensee must comply with the 5
requirements of Section 4(A) to maintain the Privilege to Practice 6
in the Remote State. 7
C. A Licensee providing Professional Counseling in a 8
Remote State under the Privilege to Practice shall adhere to the 9
laws and regulations of the Remote State. 10
D. A Licensee providing Professional Counseling services in 11
a Remote State is subject to that State’s regulatory authority. A 12
Remote State may, in accordance with due process and that State’s 13
laws, remove a Licensee’s Privilege to Practice in the Remote State 14
for a specific period of time, impose fines, and/or take any other 15
necessary actions to protect the health and safety of its citizens. 16
The Licensee may be ineligible for a Privilege to Practice in any 17
Member State until the specific time for removal has passed and 18
all fines are paid. 19
E. If a Home State license is encumbered, the Licensee shall 20
lose the Privilege to Practice in any Remote State until the 21
following occur: 22
1. The Home State license is no longer encumbered; and 23
2. Have not had any Encumbrance or restriction against 24
any license or Privilege to Practice within the previous two (2) 25
years. 26
F. Once an Encumbered License in the Home State is 27
restored to good standing, the Licensee must meet the 28
requirements of Section 4(A) to obtain a Privilege to Practice in 29
any Remote State. 30
G. If a Licensee’s Privilege to Practice in any Remote State is 31
removed, the individual may lose the Privilege to Practice in all 32
other Remote States until the following occur: 33
1. The specific period of time for which the Privilege to 34
Practice was removed has ended; 35
2. All fines have been paid; and 36
3. Have not had any Encumbrance or restriction against 37
any license or Privilege to Practice within the previous two (2) 38
years. 39
H. Once the requirements of Section 4(G) have been met, the 40
Licensee must meet the requirements in Section 4(A) to obtain a 41
Privilege to Practice in a Remote State. 42
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SECTION 5. OBTAINING A NEW HOME STATE LICENSE 1
BASED ON A PRIVILEGE TO PRACTICE 2
3
A. A Licensed Professional Counselor may hold a Home 4
State license, which allows for a Privilege to Practice in other 5
Member States, in only one Member State at a time. 6
B. If a Licensed Professional Counselor changes primary 7
State of residence by moving between two Member States: 8
1. The Licensed Professional Counselor shall file an 9
application for obtaining a new Home State license based on a 10
Privilege to Practice, pay all applicable fees, and notify the current 11
and new Home State in accordance with applicable Rules adopted 12
by the Commission. 13
2. Upon receipt of an application for obtaining a new Home 14
State license by virtue of a Privilege to Practice, the new Home 15
State shall verify that the Licensed Professional Counselor meets 16
the pertinent criteria outlined in Section 4 via the Data System, 17
without need for primary source verification except for: 18
a. A Federal Bureau of Investigation fingerprint based 19
criminal background check if not previously performed or updated 20
pursuant to applicable rules adopted by the Commission in 21
accordance with Public Law 92-544; 22
b. Other criminal background check as required by the 23
new Home State; and 24
c. Completion of any requisite Jurisprudence 25
Requirements of the new Home State. 26
3. The former Home State shall convert the former Home 27
State license into a Privilege to Practice once the new Home State 28
has activated the new Home State license in accordance with 29
applicable Rules adopted by the Commission. 30
4. Notwithstanding any other provision of this Compact, if 31
the Licensed Professional Counselor cannot meet the criteria in 32
Section 4, the new Home State may apply its requirements for 33
issuing a new Single State License. 34
5. The Licensed Professional Counselor shall pay all 35
applicable fees to the new Home State in order to be issued a new 36
Home State license. 37
C. If a Licensed Professional Counselor changes Primary 38
State of Residence by moving from a Member State to a non-39
Member State, or from a non-Member State to a Member State, 40
the State criteria shall apply for issuance of a Single State License 41
in the new State. 42
D. Nothing in this Compact shall interfere with a Licensee’s 43
ability to hold a Single State License in multiple States, however 44
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for the purposes of this Compact, a Licensee shall have only one 1
Home State license. 2
E. Nothing in this Compact shall affect the requirements 3
established by a Member State for the issuance of a Single State 4
License. 5
6
SECTION 6. ACTIVE DUTY MILITARY 7
PERSONNEL OR THEIR SPOUSES 8
9
Active Duty Military personnel, or their spouse, shall designate 10
a Home State where the individual has a current license in good 11
standing. The individual may retain the Home State designation 12
during the period the service member is on active duty. 13
Subsequent to designating a Home State, the individual shall only 14
change their Home State through application for licensure in the 15
new State, or through the process outlined in Section 5. 16
17
SECTION 7. COMPACT PRIVILEGE 18
TO PRACTICE TELEHEALTH 19
20
A. Member States shall recognize the right of a Licensed 21
Professional Counselor, licensed by a Home State in accordance 22
with Section 3 and under Rules promulgated by the Commission, 23
to practice Professional Counseling in any Member State via 24
Telehealth under a Privilege to Practice as provided in the 25
Compact and Rules promulgated by the Commission. 26
B. A Licensee providing Professional Counseling services in 27
a Remote State under the Privilege to Practice shall adhere to the 28
laws and regulations of the Remote State. 29
30
SECTION 8. ADVERSE ACTIONS 31
32
A. In addition to the other powers conferred by State law, a 33
Remote State shall have the authority, in accordance with existing 34
State due process law, to: 35
1. Take Adverse Action against a Licensed Professional 36
Counselor’s Privilege to Practice within that Member State, and 37
2. Issue subpoenas for both hearings and investigations 38
that require the attendance and testimony of witnesses as well as 39
the production of evidence. Subpoenas issued by a Licensing 40
Board in a Member State for the attendance and testimony of 41
witnesses or the production of evidence from another Member 42
State shall be enforced in the latter State by any court of 43
competent jurisdiction, according to the practice and procedure of 44
that court applicable to subpoenas issued in proceedings pending 45
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before it. The issuing authority shall pay any witness fees, travel 1
expenses, mileage, and other fees required by the service statutes 2
of the State in which the witnesses or evidence are located. 3
3. Only the Home State shall have the power to take 4
Adverse Action against a Licensed Professional Counselor’s 5
license issued by the Home State. 6
B. For purposes of taking Adverse Action, the Home State 7
shall give the same priority and effect to reported conduct received 8
from a Member State as it would if the conduct had occurred 9
within the Home State. In so doing, the Home State shall apply its 10
own State laws to determine appropriate action. 11
C. The Home State shall complete any pending investigations 12
of a Licensed Professional Counselor who changes primary State 13
of residence during the course of the investigations. The Home 14
State shall also have the authority to take appropriate action(s) 15
and shall promptly report the conclusions of the investigations to 16
the administrator of the Data System. The administrator of the 17
coordinated licensure information system shall promptly notify the 18
new Home State of any Adverse Actions. 19
D. A Member State, if otherwise permitted by State law, may 20
recover from the affected Licensed Professional Counselor the 21
costs of investigations and dispositions of cases resulting from any 22
Adverse Action taken against that Licensed Professional 23
Counselor. 24
E. A Member State may take Adverse Action based on the 25
factual findings of the Remote State, provided that the Member 26
State follows its own procedures for taking the Adverse Action. 27
F. Joint Investigations: 28
1. In addition to the authority granted to a Member State by 29
its respective Professional Counseling practice act or other 30
applicable State law, any Member State may participate with other 31
Member States in joint investigations of Licensees. 32
2. Member States shall share any investigative, litigation, or 33
compliance materials in furtherance of any joint or individual 34
investigation initiated under the Compact. 35
G. If Adverse Action is taken by the Home State against the 36
license of a Licensed Professional Counselor, the Licensed 37
Professional Counselor’s Privilege to Practice in all other Member 38
States shall be deactivated until all Encumbrances have been 39
removed from the State license. All Home State disciplinary orders 40
that impose Adverse Action against the license of a Licensed 41
Professional Counselor shall include a Statement that the 42
Licensed Professional Counselor’s Privilege to Practice is 43
deactivated in all Member States during the pendency of the order. 44
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H. If a Member State takes Adverse Action, it shall promptly 1
notify the administrator of the Data System. The administrator of 2
the Data System shall promptly notify the Home State of any 3
Adverse Actions by Remote States. 4
I. Nothing in this Compact shall override a Member State’s 5
decision that participation in an Alternative Program may be used 6
in lieu of Adverse Action. 7
8
SECTION 9. ESTABLISHMENT OF COUNSELING 9
COMPACT COMMISSION 10
11
A. The Compact Member States hereby create and establish a 12
joint public agency known as the Counseling Compact 13
Commission. 14
1. The Commission is an instrumentality of the Compact 15
States. 16
2. Venue is proper and judicial proceedings by or against 17
the Commission shall be brought solely and exclusively in a court 18
of competent jurisdiction where the principal office of the 19
Commission is located. The Commission may waive venue and 20
jurisdictional defenses to the extent it adopts or consents to 21
participate in alternative dispute resolution proceedings. 22
3. Nothing in this Compact shall be construed to be a 23
waiver of sovereign immunity. 24
B. Membership, Voting, and Meetings 25
1. Each Member State shall have and be limited to one (1) 26
delegate selected by that Member State’s Licensing Board. 27
2. The delegate shall be either: 28
a. A current member of the Licensing Board at the time 29
of appointment, who is a Licensed Professional Counselor or 30
public member; or 31
b. An administrator of the Licensing Board. 32
3. Any delegate may be removed or suspended from office 33
as provided by the law of the State from which the delegate is 34
appointed. 35
4. The Member State Licensing Board shall fill any 36
vacancy occurring on the Commission within 60 days. 37
5. Each delegate shall be entitled to one (1) vote with 38
regard to the promulgation of Rules and creation of bylaws and 39
shall otherwise have an opportunity to participate in the business 40
and affairs of the Commission. 41
6. A delegate shall vote in person or by such other means as 42
provided in the bylaws. The bylaws may provide for delegates’ 43
participation in meetings by telephone or other means of 44
communication. 45
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7. The Commission shall meet at least once during each 1
calendar year. Additional meetings shall be held as set forth in the 2
bylaws. 3
8. The Commission shall by Rule establish a term of office 4
for delegates and may by Rule establish term limits. 5
C. The Commission shall have the following powers and 6
duties: 7
1. Establish the fiscal year of the Commission; 8
2. Establish bylaws; 9
3. Maintain its financial records in accordance with the 10
bylaws; 11
4. Meet and take such actions as are consistent with the 12
provisions of this Compact and the bylaws; 13
5. Promulgate Rules which shall be binding to the extent 14
and in the manner provided for in the Compact; 15
6. Bring and prosecute legal proceedings or actions in the 16
name of the Commission, provided that the standing of any State 17
Licensing Board to sue or be sued under applicable law shall not 18
be affected; 19
7. Purchase and maintain insurance and bonds; 20
8. Borrow, accept, or contract for services of personnel, 21
including, but not limited to, employees of a Member State; 22
9. Hire employees, elect or appoint officers, fix 23
compensation, define duties, grant such individuals appropriate 24
authority to carry out the purposes of the Compact, and establish 25
the Commission’s personnel policies and programs relating to 26
conflicts of interest, qualifications of personnel, and other related 27
personnel matters; 28
10. Accept any and all appropriate donations and grants of 29
money, equipment, supplies, materials, and services, and to 30
receive, utilize, and dispose of the same; provided that at all times 31
the Commission shall avoid any appearance of impropriety and/or 32
conflict of interest; 33
11. Lease, purchase, accept appropriate gifts or donations 34
of, or otherwise to own, hold, improve or use, any property, real, 35
personal or mixed; provided that at all times the Commission shall 36
avoid any appearance of impropriety; 37
12. Sell convey, mortgage, pledge, lease, exchange, 38
abandon, or otherwise dispose of any property real, personal, or 39
mixed; 40
13. Establish a budget and make expenditures; 41
14. Borrow money; 42
15. Appoint committees, including standing committees 43
composed of members, State regulators, State legislators or their 44
representatives, and consumer representatives, and such other 45
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interested persons as may be designated in this Compact and the 1
bylaws; 2
16. Provide and receive information from, and cooperate 3
with, law enforcement agencies; 4
17. Establish and elect an Executive Committee; and 5
18. Perform such other functions as may be necessary or 6
appropriate to achieve the purposes of this Compact consistent 7
with the State regulation of Professional Counseling licensure and 8
practice. 9
D. The Executive Committee 10
1. The Executive Committee shall have the power to act on 11
behalf of the Commission according to the terms of this Compact. 12
2. The Executive Committee shall be composed of up to 13
eleven (11) members: 14
a. Seven (7) voting members who are elected by the 15
Commission from the current membership of the Commission; 16
and 17
b. Up to four (4) ex-officio, nonvoting members from 18
four (4) recognized national professional counselor organizations. 19
c. The ex-officio members will be selected by their 20
respective organizations. 21
3. The Commission may remove any member of the 22
Executive Committee as provided in bylaws. 23
4. The Executive Committee shall meet at least annually. 24
5. The Executive Committee shall have the following duties 25
and responsibilities: 26
a. Recommend to the entire Commission changes to the 27
Rules or bylaws, changes to this Compact legislation, fees paid by 28
Compact Member States such as annual dues, and any 29
Commission Compact fee charged to Licensees for the Privilege to 30
Practice; 31
b. Ensure Compact administration services are 32
appropriately provided, contractual or otherwise; 33
c. Prepare and recommend the budget; 34
d. Maintain financial records on behalf of the 35
Commission; 36
e. Monitor Compact compliance of Member States and 37
provide compliance reports to the Commission; 38
f. Establish additional committees as necessary; and 39
g. Other duties as provided in Rules or bylaws. 40
E. Meetings of the Commission 41
1. All meetings shall be open to the public, and public 42
notice of meetings shall be given in the same manner as required 43
under the Rulemaking provisions in Section 11. 44
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- *AB163*
2. The Commission or the Executive Committee or other 1
committees of the Commission may convene in a closed, non-2
public meeting if the Commission or Executive Committee or 3
other committees of the Commission must discuss: 4
a. Non-compliance of a Member State with its 5
obligations under the Compact; 6
b. The employment, compensation, discipline or other 7
matters, practices or procedures related to specific employees or 8
other matters related to the Commission’s internal personnel 9
practices and procedures; 10
c. Current, threatened, or reasonably anticipated 11
litigation; 12
d. Negotiation of contracts for the purchase, lease, or 13
sale of goods, services, or real estate; 14
e. Accusing any person of a crime or formally censuring 15
any person; 16
f. Disclosure of trade secrets or commercial or financial 17
information that is privileged or confidential; 18
g. Disclosure of information of a personal nature where 19
disclosure would constitute a clearly unwarranted invasion of 20
personal privacy; 21
h. Disclosure of investigative records compiled for law 22
enforcement purposes; 23
i. Disclosure of information related to any investigative 24
reports prepared by or on behalf of or for use of the Commission 25
or other committee charged with responsibility of investigation or 26
determination of compliance issues pursuant to the Compact; or 27
j. Matters specifically exempted from disclosure by 28
federal or Member State statute. 29
3. If a meeting, or portion of a meeting, is closed pursuant 30
to this provision, the Commission’s legal counsel or designee shall 31
certify that the meeting may be closed and shall reference each 32
relevant exempting provision. 33
4. The Commission shall keep minutes that fully and 34
clearly describe all matters discussed in a meeting and shall 35
provide a full and accurate summary of actions taken, and the 36
reasons therefore, including a description of the views expressed. 37
All documents considered in connection with an action shall be 38
identified in such minutes. All minutes and documents of a closed 39
meeting shall remain under seal, subject to release by a majority 40
vote of the Commission or order of a court of competent 41
jurisdiction. 42
F. Financing of the Commission 43
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- *AB163*
1. The Commission shall pay, or provide for the payment 1
of, the reasonable expenses of its establishment, organization, and 2
ongoing activities. 3
2. The Commission may accept any and all appropriate 4
revenue sources, donations, and grants of money, equipment, 5
supplies, materials, and services. 6
3. The Commission may levy on and collect an annual 7
assessment from each Member State or impose fees on other 8
parties to cover the cost of the operations and activities of the 9
Commission and its staff, which must be in a total amount 10
sufficient to cover its annual budget as approved each year for 11
which revenue is not provided by other sources. The aggregate 12
annual assessment amount shall be allocated based upon a 13
formula to be determined by the Commission, which shall 14
promulgate a Rule binding upon all Member States. 15
4. The Commission shall not incur obligations of any kind 16
prior to securing the funds adequate to meet the same; nor shall 17
the Commission pledge the credit of any of the Member States, 18
except by and with the authority of the Member State. 19
5. The Commission shall keep accurate accounts of all 20
receipts and disbursements. The receipts and disbursements of the 21
Commission shall be subject to the audit and accounting 22
procedures established under its bylaws. However, all receipts and 23
disbursements of funds handled by the Commission shall be 24
audited yearly by a certified or licensed public accountant, and the 25
report of the audit shall be included in and become part of the 26
annual report of the Commission. 27
G. Qualified Immunity, Defense, and Indemnification 28
1. The members, officers, executive director, employees and 29
representatives of the Commission shall be immune from suit and 30
liability, either personally or in their official capacity, for any 31
claim for damage to or loss of property or personal injury or other 32
civil liability caused by or arising out of any actual or alleged act, 33
error or omission that occurred, or that the person against whom 34
the claim is made had a reasonable basis for believing occurred 35
within the scope of Commission employment, duties or 36
responsibilities; provided that nothing in this paragraph shall be 37
construed to protect any such person from suit and/or liability for 38
any damage, loss, injury, or liability caused by the intentional or 39
willful or wanton misconduct of that person. 40
2. The Commission shall defend any member, officer, 41
executive director, employee or representative of the Commission 42
in any civil action seeking to impose liability arising out of any 43
actual or alleged act, error, or omission that occurred within the 44
scope of Commission employment, duties, or responsibilities, or 45
– 17 –
- *AB163*
that the person against whom the claim is made had a reasonable 1
basis for believing occurred within the scope of Commission 2
employment, duties, or responsibilities; provided that nothing 3
herein shall be construed to prohibit that person from retaining 4
his or her own counsel; and provided further, that the actual or 5
alleged act, error, or omission did not result from that person’s 6
intentional or willful or wanton misconduct. 7
3. The Commission shall indemnify and hold harmless any 8
member, officer, executive director, employee, or representative of 9
the Commission for the amount of any settlement or judgment 10
obtained against that person arising out of any actual or alleged 11
act, error, or omission that occurred within the scope of 12
Commission employment, duties, or responsibilities, or that such 13
person had a reasonable basis for believing occurred within the 14
scope of Commission employment, duties, or responsibilities, 15
provided that the actual or alleged act, error, or omission did not 16
result from the intentional or willful or wanton misconduct of that 17
person. 18
19
SECTION 10. DATA SYSTEM 20
21
A. The Commission shall provide for the development, 22
maintenance, operation, and utilization of a coordinated database 23
and reporting system containing licensure, Adverse Action, and 24
Investigative Information on all licensed individuals in Member 25
States. 26
B. Notwithstanding any other provision of State law to the 27
contrary, a Member State shall submit a uniform data set to the 28
Data System on all individuals to whom this Compact is applicable 29
as required by the Rules of the Commission, including: 30
1. Identifying information; 31
2. Licensure data; 32
3. Adverse Actions against a license or Privilege to 33
Practice; 34
4. Non-confidential information related to Alternative 35
Program participation; 36
5. Any denial of application for licensure, and the reason(s) 37
for such denial; 38
6. Current Significant Investigative Information; and 39
7. Other information that may facilitate the administration 40
of this Compact, as determined by the Rules of the Commission. 41
C. Investigative Information pertaining to a Licensee in any 42
Member State will only be available to other Member States. 43
D. The Commission shall promptly notify all Member States 44
of any Adverse Action taken against a Licensee or an individual 45
– 18 –
- *AB163*
applying for a license. Adverse Action information pertaining to a 1
Licensee in any Member State will be available to any other 2
Member State. 3
E. Member States contributing information to the Data 4
System may designate information that may not be shared with the 5
public without the express permission of the contributing State. 6
F. Any information submitted to the Data System that is 7
subsequently required to be expunged by the laws of the Member 8
State contributing the information shall be removed from the Data 9
System. 10
11
SECTION 11. RULEMAKING 12
13
A. The Commission shall promulgate reasonable Rules in 14
order to effectively and efficiently achieve the purpose of the 15
Compact. Notwithstanding the foregoing, in the event the 16
Commission exercises its Rulemaking authority in a manner that 17
is beyond the scope of the purposes of the Compact, or the powers 18
granted hereunder, then such an action by the Commission shall 19
be invalid and have no force or effect. 20
B. The Commission shall exercise its Rulemaking powers 21
pursuant to the criteria set forth in this Section and the Rules 22
adopted thereunder. Rules and amendments shall become binding 23
as of the date specified in each Rule or amendment. 24
C. If a majority of the legislatures of the Member States 25
rejects a Rule, by enactment of a statute or resolution in the same 26
manner used to adopt the Compact within four (4) years of the 27
date of adoption of the Rule, then such Rule shall have no further 28
force and effect in any Member State. 29
D. Rules or amendments to the Rules shall be adopted at a 30
regular or special meeting of the Commission. 31
E. Prior to promulgation and adoption of a final Rule or 32
Rules by the Commission, and at least thirty (30) days in advance 33
of the meeting at which the Rule will be considered and voted 34
upon, the Commission shall file a Notice of Proposed 35
Rulemaking: 36
1. On the website of the Commission or other publicly 37
accessible platform; and 38
2. On the website of each Member State Professional 39
Counseling Licensing Board or other publicly accessible platform 40
or the publication in which each State would otherwise publish 41
proposed Rules. 42
F. The Notice of Proposed Rulemaking shall include: 43
1. The proposed time, date, and location of the meeting in 44
which the Rule will be considered and voted upon; 45
– 19 –
- *AB163*
2. The text of the proposed Rule or amendment and the 1
reason for the proposed Rule; 2
3. A request for comments on the proposed Rule from any 3
interested person; and 4
4. The manner in which interested persons may submit 5
notice to the Commission of their intention to attend the public 6
hearing and any written comments. 7
G. Prior to adoption of a proposed Rule, the Commission 8
shall allow persons to submit written data, facts, opinions, and 9
arguments, which shall be made available to the public. 10
H. The Commission shall grant an opportunity for a public 11
hearing before it adopts a Rule or amendment if a hearing is 12
requested by: 13
1. At least twenty-five (25) persons; 14
2. A State or federal governmental subdivision or agency; 15
or 16
3. An association having at least twenty-five (25) members. 17
I. If a hearing is held on the proposed Rule or amendment, 18
the Commission shall publish the place, time, and date of the 19
scheduled public hearing. If the hearing is held via electronic 20
means, the Commission shall publish the mechanism for access to 21
the electronic hearing. 22
1. All persons wishing to be heard at the hearing shall 23
notify the executive director of the Commission or other 24
designated member in writing of their desire to appear and testify 25
at the hearing not less than five (5) business days before the 26
scheduled date of the hearing. 27
2. Hearings shall be conducted in a manner providing each 28
person who wishes to comment a fair and reasonable opportunity 29
to comment orally or in writing. 30
3. All hearings will be recorded. A copy of the recording 31
will be made available on request. 32
4. Nothing in this Section shall be construed as requiring a 33
separate hearing on each Rule. Rules may be grouped for the 34
convenience of the Commission at hearings required by this 35
Section. 36
J. Following the scheduled hearing date, or by the close of 37
business on the scheduled hearing date if the hearing was not 38
held, the Commission shall consider all written and oral comments 39
received. 40
K. If no written notice of intent to attend the public hearing 41
by interested parties is received, the Commission may proceed with 42
promulgation of the proposed Rule without a public hearing. 43
L. The Commission shall, by majority vote of all members, 44
take final action on the proposed Rule and shall determine the 45
– 20 –
- *AB163*
effective date of the Rule, if any, based on the Rulemaking record 1
and the full text of the Rule. 2
M. Upon determination that an emergency exists, the 3
Commission may consider and adopt an emergency Rule without 4
prior notice, opportunity for comment, or hearing, provided that 5
the usual Rulemaking procedures provided in the Compact and in 6
this Section shall be retroactively applied to the Rule as soon as 7
reasonably possible, in no event later than ninety (90) days after 8
the effective date of the Rule. For the purposes of this provision, 9
an emergency Rule is one that must be adopted immediately in 10
order to: 11
1. Meet an imminent threat to public health, safety, or 12
welfare; 13
2. Prevent a loss of Commission or Member State funds; 14
3. Meet a deadline for the promulgation of an 15
administrative Rule that is established by federal law or Rule; or 16
4. Protect public health and safety. 17
N. The Commission or an authorized committee of the 18
Commission may direct revisions to a previously adopted Rule or 19
amendment for purposes of correcting typographical errors, errors 20
in format, errors in consistency, or grammatical errors. Public 21
notice of any revisions shall be posted on the website of the 22
Commission. The revision shall be subject to challenge by any 23
person for a period of thirty (30) days after posting. The revision 24
may be challenged only on grounds that the revision results in a 25
material change to a Rule. A challenge shall be made in writing 26
and delivered to the chair of the Commission prior to the end of 27
the notice period. If no challenge is made, the revision will take 28
effect without further action. If the revision is challenged, the 29
revision may not take effect without the approval of the 30
Commission. 31
32
SECTION 12. OVERSIGHT, DISPUTE 33
RESOLUTION, AND ENFORCEMENT 34
35
A. Oversight 36
1. The executive, legislative, and judicial branches of State 37
government in each Member State shall enforce this Compact and 38
take all actions necessary and appropriate to effectuate the 39
Compact’s purposes and intent. The provisions of this Compact 40
and the Rules promulgated hereunder shall have standing as 41
statutory law. 42
2. All courts shall take judicial notice of the Compact and 43
the Rules in any judicial or administrative proceeding in a 44
Member State pertaining to the subject matter of this Compact 45
– 21 –
- *AB163*
which may affect the powers, responsibilities, or actions of the 1
Commission. 2
3. The Commission shall be entitled to receive service of 3
process in any such proceeding and shall have standing to 4
intervene in such a proceeding for all purposes. Failure to provide 5
service of process to the Commission shall render a judgment or 6
order void as to the Commission, this Compact, or promulgated 7
Rules. 8
B. Default, Technical Assistance, and Termination 9
1. If the Commission determines that a Member State has 10
defaulted in the performance of its obligations or responsibilities 11
under this Compact or the promulgated Rules, the Commission 12
shall: 13
a. Provide written notice to the defaulting State and 14
other Member States of the nature of the default, the proposed 15
means of curing the default and/or any other action to be taken by 16
the Commission; and 17
b. Provide remedial training and specific technical 18
assistance regarding the default. 19
C. If a State in default fails to cure the default, the defaulting 20
State may be terminated from the Compact upon an affirmative 21
vote of a majority of the Member States, and all rights, privileges 22
and benefits conferred by this Compact may be terminated on the 23
effective date of termination. A cure of the default does not relieve 24
the offending State of obligations or liabilities incurred during the 25
period of default. 26
D. Termination of membership in the Compact shall be 27
imposed only after all other means of securing compliance have 28
been exhausted. Notice of intent to suspend or terminate shall be 29
given by the Commission to the governor, the majority and 30
minority leaders of the defaulting State’s legislature, and each of 31
the Member States. 32
E. A State that has been terminated is responsible for all 33
assessments, obligations, and liabilities incurred through the 34
effective date of termination, including obligations that extend 35
beyond the effective date of termination. 36
F. The Commission shall not bear any costs related to a State 37
that is found to be in default or that has been terminated from the 38
Compact, unless agreed upon in writing between the Commission 39
and the defaulting State. 40
G. The defaulting State may appeal the action of the 41
Commission by petitioning the U.S. District Court for the District 42
of Columbia or the federal district where the Commission has its 43
principal offices. The prevailing member shall be awarded all 44
costs of such litigation, including reasonable attorney’s fees. 45
– 22 –
- *AB163*
H. Dispute Resolution 1
1. Upon request by a Member State, the Commission shall 2
attempt to resolve disputes related to the Compact that arise 3
among Member States and between member and non-Member 4
States. 5
2. The Commission shall promulgate a Rule providing for 6
both mediation and binding dispute resolution for disputes as 7
appropriate. 8
I. Enforcement 9
1. The Commission, in the reasonable exercise of its 10
discretion, shall enforce the provisions and Rules of this Compact. 11
2. By majority vote, the Commission may initiate legal 12
action in the United States District Court for the District of 13
Columbia or the federal district where the Commission has its 14
principal offices against a Member State in default to enforce 15
compliance with the provisions of the Compact and its 16
promulgated Rules and bylaws. The relief sought may include 17
both injunctive relief and damages. In the event judicial 18
enforcement is necessary, the prevailing member shall be awarded 19
all costs of such litigation, including reasonable attorney’s fees. 20
3. The remedies herein shall not be the exclusive remedies 21
of the Commission. The Commission may pursue any other 22
remedies available under federal or State law. 23
24
SECTION 13. DATE OF IMPLEMENTATION 25
OF THE COUNSELING COMPACT 26
COMMISSION AND ASSOCIATED RULES, 27
WITHDRAWAL, AND AMENDMENT 28
29
A. The Compact shall come into effect on the date on which 30
the Compact statute is enacted into law in the tenth Member State. 31
The provisions, which become effective at that time, shall be 32
limited to the powers granted to the Commission relating to 33
assembly and the promulgation of Rules. Thereafter, the 34
Commission shall meet and exercise Rulemaking powers 35
necessary to the implementation and administration of the 36
Compact. 37
B. Any State that joins the Compact subsequent to the 38
Commission’s initial adoption of the Rules shall be subject to the 39
Rules as they exist on the date on which the Compact becomes law 40
in that State. Any Rule that has been previously adopted by the 41
Commission shall have the full force and effect of law on the day 42
the Compact becomes law in that State. 43
C. Any Member State may withdraw from this Compact by 44
enacting a statute repealing the same. 45
– 23 –
- *AB163*
1. A Member State’s withdrawal shall not take effect until 1
six (6) months after enactment of the repealing statute. 2
2. Withdrawal shall not affect the continuing requirement 3
of the withdrawing State’s Professional Counseling Licensing 4
Board to comply with the investigative and Adverse Action 5
reporting requirements of this act prior to the effective date of 6
withdrawal. 7
D. Nothing contained in this Compact shall be construed to 8
invalidate or prevent any Professional Counseling licensure 9
agreement or other cooperative arrangement between a Member 10
State and a non-Member State that does not conflict with the 11
provisions of this Compact. 12
E. This Compact may be amended by the Member States. No 13
amendment to this Compact shall become effective and binding 14
upon any Member State until it is enacted into the laws of all 15
Member States. 16
17
SECTION 14. CONSTRUCTION AND SEVERABILITY 18
19
This Compact shall be liberally construed so as to effectuate 20
the purposes thereof. The provisions of this Compact shall be 21
severable and if any phrase, clause, sentence or provision of this 22
Compact is declared to be contrary to the constitution of any 23
Member State or of the United States or the applicability thereof to 24
any government, agency, person or circumstance is held invalid, 25
the validity of the remainder of this Compact and the applicability 26
thereof to any government, agency, person or circumstance shall 27
not be affected thereby. If this Compact shall be held contrary to 28
the constitution of any Member State, the Compact shall remain in 29
full force and effect as to the remaining Member States and in full 30
force and effect as to the Member State affected as to all severable 31
matters. 32
33
SECTION 15. BINDING EFFECT OF 34
COMPACT AND OTHER LAWS 35
36
A. A Licensee providing Professional Counseling services in 37
a Remote State under the Privilege to Practice shall adhere to the 38
laws and regulations, including scope of practice, of the Remote 39
State. 40
B. Nothing herein prevents the enforcement of any other law 41
of a Member State that is not inconsistent with the Compact. 42
C. Any laws in a Member State in conflict with the Compact 43
are superseded to the extent of the conflict. 44
– 24 –
- *AB163*
D. Any lawful actions of the Commission, including all Rules 1
and bylaws properly promulgated by the Commission, are binding 2
upon the Member States. 3
E. All permissible agreements between the Commission and 4
the Member States are binding in accordance with their terms. 5
F. In the event any provision of the Compact exceeds the 6
constitutional limits imposed on the legislature of any Member 7
State, the provision shall be ineffective to the extent of the conflict 8
with the constitutional provision in question in that Member State. 9
Sec. 2. NRS 641A.191 is hereby amended to read as follows: 10
641A.191 1. Except as otherwise provided in this section and 11
NRS 239.0115, and section 1 of this act, any records or information 12
obtained during the course of an investigation by the Board and any 13
record of the investigation are confidential. 14
2. The complaint or other document filed by the Board to 15
initiate disciplinary action and all documents and information 16
considered by the Board when determining whether to impose 17
discipline are public records. 18
3. This section does not prohibit the Board from 19
communicating or cooperating with any other licensing board or 20
agency or any agency which is investigating a licensee, including a 21
law enforcement agency. 22
Sec. 3. The preliminary chapter of NRS is hereby amended by 23
adding thereto a new section to read as follows: 24
Except as otherwise expressly provided in a particular statute 25
or required by the context, privilege to practice as a licensed 26
professional counselor in this State under the Counseling 27
Compact ratified and entered into in section 1 of this act shall be 28
deemed to be equivalent to a license to practice as a clinical 29
professional counselor issued by the Board of Examiners for 30
Marriage and Family Therapists and Clinical Professional 31
Counselors pursuant to chapter 641A of NRS. 32
Sec. 4. NRS 239.010 is hereby amended to read as follows: 33
239.010 1. Except as otherwise provided in this section and 34
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 35
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 36
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 37
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 38
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 39
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 40
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 41
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 42
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 43
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 44
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 45
– 25 –
- *AB163*
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 1
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 2
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 3
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 4
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 5
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 6
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 7
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 8
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 9
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 10
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 11
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 12
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 13
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 14
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 15
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 16
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 17
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 18
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 19
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 20
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 21
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 22
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 23
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 24
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 25
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 26
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 27
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 28
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 29
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 30
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 31
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 32
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 33
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 34
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 35
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 36
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 37
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 38
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 39
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 40
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 41
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 42
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 43
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 44
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 45
– 26 –
- *AB163*
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 1
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 2
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 3
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 4
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 5
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 6
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 7
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 8
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 9
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 10
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 11
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 12
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 13
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 14
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 15
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 16
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 17
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 18
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 19
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 20
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 21
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 22
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 23
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 24
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 25
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 26
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 27
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 28
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 29
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 30
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 31
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 32
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 33
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 34
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 35
of Nevada 2013 and unless otherwise declared by law to be 36
confidential, all public books and public records of a governmental 37
entity must be open at all times during office hours to inspection by 38
any person, and may be fully copied or an abstract or memorandum 39
may be prepared from those public books and public records. Any 40
such copies, abstracts or memoranda may be used to supply the 41
general public with copies, abstracts or memoranda of the records or 42
may be used in any other way to the advantage of the governmental 43
entity or of the general public. This section does not supersede or in 44
any manner affect the federal laws governing copyrights or enlarge, 45
– 27 –
- *AB163*
diminish or affect in any other manner the rights of a person in any 1
written book or record which is copyrighted pursuant to federal law. 2
2. A governmental entity may not reject a book or record 3
which is copyrighted solely because it is copyrighted. 4
3. A governmental entity that has legal custody or control of a 5
public book or record shall not deny a request made pursuant to 6
subsection 1 to inspect or copy or receive a copy of a public book or 7
record on the basis that the requested public book or record contains 8
information that is confidential if the governmental entity can 9
redact, delete, conceal or separate, including, without limitation, 10
electronically, the confidential information from the information 11
included in the public book or record that is not otherwise 12
confidential. 13
4. If requested, a governmental entity shall provide a copy of a 14
public record in an electronic format by means of an electronic 15
medium. Nothing in this subsection requires a governmental entity 16
to provide a copy of a public record in an electronic format or by 17
means of an electronic medium if: 18
(a) The public record: 19
(1) Was not created or prepared in an electronic format; and 20
(2) Is not available in an electronic format; or 21
(b) Providing the public record in an electronic format or by 22
means of an electronic medium would: 23
(1) Give access to proprietary software; or 24
(2) Require the production of information that is confidential 25
and that cannot be redacted, deleted, concealed or separated from 26
information that is not otherwise confidential. 27
5. An officer, employee or agent of a governmental entity who 28
has legal custody or control of a public record: 29
(a) Shall not refuse to provide a copy of that public record in the 30
medium that is requested because the officer, employee or agent has 31
already prepared or would prefer to provide the copy in a different 32
medium. 33
(b) Except as otherwise provided in NRS 239.030, shall, upon 34
request, prepare the copy of the public record and shall not require 35
the person who has requested the copy to prepare the copy himself 36
or herself. 37
Sec. 5. This act becomes effective on July 1, 2025. 38
H