REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT
(§§ 15, 16, 33)
(Reprinted with amendments adopted on April 15, 2025)
FIRST REPRINT S.B. 165
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SENATE BILL NO. 165–SENATORS NGUYEN; BUCK AND STEINBECK
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Establishes provisions relating to behavioral health.
(BDR 54-145)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Contains Appropriation not included
in Executive Budget.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to behavioral health; providing for the licensure
and regulation of behavioral health and wellness
practitioners; requiring the establishment of a Behavioral
Health and Wellness Practitioner Advisory Group;
authorizing the Board of Psychological Examiners to
investigate and impose discipline on a behavioral health
and wellness practitioner; prohibiting the unlicensed
practice of behavioral health promotion and prevention;
establishing a privilege for certain confidential
communications between a patient and a behavioral
health and wellness practitioner under certain
circumstances; requiring Medicaid to cover behavioral
health promotion and prevention services provided by a
behavioral health and wellness practitioner; providing
penalties; making appropriations; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure of psychologists by the Board of 1
Psychological Examiners. (NRS 641.160, 641.170, 641.196) The Board also 2
registers psychological assistants, psychological interns and psychological trainees. 3
(NRS 641.226) 4
Section 10 of this bill defines “behavioral health and wellness practitioner” to 5
mean a person who is licensed to practice behavioral health promotion and 6
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prevention. Section 11 of this bill defines “behavioral health promotion and 7
prevention” to mean the supervised clinical use of prevention and intervention 8
strategies relating to mental and behavioral health. Section 20 of this bill applies 9
those definitions to the provisions of existing law governing licensure by the Board. 10
Sections 13-19 and 21-49 of this bill provide for the licensure and regulation of 11
behavioral health and wellness practitioners by the Board. Section 13: (1) requires 12
the Board to adopt certain regulations governing behavioral health and wellness 13
practitioners; and (2) authorizes the Board to accept gifts, grants, donations and 14
other funds to assist in carrying out the provisions relating to behavioral health and 15
wellness practitioners. Section 28 authorizes the Board to adopt additional 16
regulations governing the practice of behavioral health promotion and prevention. 17
Section 14 requires the Board to establish a Behavioral Health and Wellness 18
Practitioner Advisory Group to provide the Board with expertise and assistance 19
relating to the regulation of behavioral health and wellness practitioners. Section 83 20
eliminates the Advisory Group on December 31, 2028. Section 37.5 of this bill 21
makes a conforming change to remove a reference to the Advisory Group after it 22
ceases to exist. Section 15 prescribes the required qualifications to obtain a license 23
as a behavioral health and wellness practitioner, and section 30 requires an 24
applicant for such a license to undergo a fingerprint-based background check. 25
Sections 16 and 17 prescribe procedures relating to the expiration and renewal of 26
such a license. Section 18 authorizes certain providers of health care, including an 27
advanced practice registered nurse who has psychiatric training and experience, to 28
supervise a behavioral health and wellness practitioner. Section 5 of this bill 29
requires the State Board of Nursing to adopt regulations establishing the psychiatric 30
training and experience necessary for an advanced practice registered nurse to 31
provide such supervision. Section 33 establishes the maximum fees for the issuance 32
or renewal of a license to practice behavioral health promotion and prevention. 33
Sections 21-23, 25 and 35-47 make the procedures for the investigation and 34
discipline of psychologists and the grounds for disciplinary action against 35
psychologists also apply to behavioral health and wellness practitioners. Section 36
48: (1) prohibits a person from representing himself or herself as a behavioral 37
health and wellness practitioner unless he or she is licensed as a behavioral health 38
and wellness practitioner; and (2) authorizes certain persons in a course of study to 39
practice behavioral health promotion and prevention to engage in the supervised 40
practice of behavioral health promotion and prevention without a license. Section 41
49 makes the practice of behavioral health promotion and prevention without a 42
license or under a false or assumed name a gross misdemeanor. Section 12 of this 43
bill provides that provisions governing psychologists and persons who provide 44
behavioral health promotion and prevention services do not apply to certain 45
government employees. Section 59 of this bill provides that any privilege for 46
communications between a patient and the supervisor of a behavioral health and 47
wellness practitioner also applies to communications between the patient and 48
the behavioral health and wellness practitioner and other persons involved in the 49
provision of behavioral health promotion and prevention services under the 50
supervision of the behavioral health and wellness practitioner. 51
Sections 19, 24, 26, 31 and 32 make conforming changes to include behavioral 52
health and wellness practitioners within existing provisions where appropriate and 53
exclude behavioral health and wellness practitioners from existing provisions that 54
apply only to psychologists. Sections 1-4, 6, 34, 50, 52, 54, 56-58 and 60-62 of this 55
bill make various revisions to treat behavioral health and wellness practitioners in 56
the same manner as other similar providers of health care in certain circumstances. 57
Section 7 of this bill clarifies that a music therapist is not authorized to practice 58
behavioral health promotion and prevention. Sections 8, 51, 53 and 55 of this bill 59
provide that a behavioral health and wellness practitioner acting within his or her 60
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scope of practice is not violating provisions governing certain other providers of 61
health care. 62
Existing law requires the Department of Health and Human Services to develop 63
and administer a State Plan for Medicaid which includes a list of specific medical 64
services required to be provided to Medicaid recipients. (NRS 422.063, 422.270) 65
Section 66 of this bill requires Medicaid to include coverage for behavioral health 66
promotion and prevention services provided by a behavioral health and wellness 67
practitioner. Section 63 of this bill makes a conforming change to require the 68
Director of the Department to administer the provisions of section 66 in the same 69
manner as other provisions relating to Medicaid. 70
Section 80 of this bill makes various appropriations to the Nevada System of 71
Higher Education and certain institutions within the System for the establishment 72
of: (1) programs for the education and training of behavioral health and wellness 73
practitioners; (2) an accredited internship program for psychologists with an 74
emphasis in child psychology; and (3) scholarships for students enrolled in 75
programs for the education and training of providers of health care who may 76
supervise behavioral health and wellness practitioners. 77
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.031 is hereby amended to read as follows: 1
629.031 Except as otherwise provided by a specific statute: 2
1. “Provider of health care” means: 3
(a) A physician licensed pursuant to chapter 630, 630A or 633 4
of NRS; 5
(b) A physician assistant; 6
(c) An anesthesiologist assistant; 7
(d) A dentist; 8
(e) A dental therapist; 9
(f) A dental hygienist; 10
(g) A licensed nurse; 11
(h) A person who holds a license as an attendant or who is 12
certified as an emergency medical technician, advanced emergency 13
medical technician or paramedic pursuant to chapter 450B of NRS 14
or authorized to practice as an emergency medical technician, 15
advanced emergency medical technician or paramedic in this State 16
under the Recognition of Emergency Medical Services Personnel 17
Licensure Interstate Compact ratified by NRS 450B.145; 18
(i) A dispensing optician; 19
(j) An optometrist; 20
(k) A speech-language pathologist; 21
(l) An audiologist; 22
(m) A practitioner of respiratory care; 23
(n) A licensed physical therapist; 24
(o) An occupational therapist; 25
(p) A podiatric physician; 26
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(q) A licensed psychologist; 1
(r) A licensed marriage and family therapist; 2
(s) A licensed clinical professional counselor; 3
(t) A music therapist; 4
(u) A chiropractic physician; 5
(v) An athletic trainer; 6
(w) A perfusionist; 7
(x) A doctor of Oriental medicine in any form; 8
(y) A medical laboratory director or technician; 9
(z) A pharmacist; 10
(aa) A licensed dietitian; 11
(bb) An associate in social work, a social worker, a master social 12
worker, an independent social worker or a clinical social worker 13
licensed pursuant to chapter 641B of NRS; 14
(cc) An alcohol and drug counselor or a problem gambling 15
counselor who is certified pursuant to chapter 641C of NRS; 16
(dd) An alcohol and drug counselor or a clinical alcohol and 17
drug counselor who is licensed pursuant to chapter 641C of NRS; 18
(ee) A behavior analyst, assistant behavior analyst or registered 19
behavior technician; 20
(ff) A naprapath; [or] 21
(gg) A behavioral health and wellness practitioner; or 22
(hh) A medical facility as the employer of any person specified 23
in this subsection. 24
2. For the purposes of NRS 629.400 to 629.490, inclusive, the 25
term includes a person who holds a current license or certificate to 26
practice his or her respective discipline pursuant to the applicable 27
provisions of law of another state or territory of the United States. 28
Sec. 2. NRS 629.550 is hereby amended to read as follows: 29
629.550 1. If a patient communicates to a mental health 30
professional an explicit threat of imminent serious physical harm or 31
death to a clearly identified or identifiable person and, in the 32
judgment of the mental health professional, the patient has the intent 33
and ability to carry out the threat, the mental health professional 34
shall place the patient on a mental health crisis hold pursuant to 35
NRS 433A.160, petition for a court to order the placement of the 36
patient on a mental health crisis hold pursuant to NRS 433A.155 or 37
make a reasonable effort to communicate the threat in a timely 38
manner to: 39
(a) The person who is the subject of the threat; 40
(b) The law enforcement agency with the closest physical 41
location to the residence of the person; and 42
(c) If the person is a minor, the parent or guardian of the person. 43
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2. A mental health professional shall be deemed to have made 1
a reasonable effort to communicate a threat pursuant to subsection 1 2
if: 3
(a) The mental health professional actually communicates the 4
threat in a timely manner; or 5
(b) The mental health professional makes a good faith attempt to 6
communicate the threat in a timely manner and the failure to 7
actually communicate the threat in a timely manner does not result 8
from the negligence or recklessness of the mental health 9
professional. 10
3. A mental health professional who exercises reasonable care 11
in determining that he or she: 12
(a) Has a duty to take an action described in subsection 1 is not 13
subject to civil or criminal liability or disciplinary action by a 14
professional licensing board for disclosing confidential or privileged 15
information. 16
(b) Does not have a duty to take an action described in 17
subsection 1 is not subject to civil or criminal liability or 18
disciplinary action by a professional licensing board for any 19
damages caused by the actions of a patient. 20
4. The provisions of this section do not: 21
(a) Limit or affect the duty of the mental health professional to 22
report child abuse or neglect pursuant to NRS 432B.220 or the 23
commercial sexual exploitation of a child pursuant to NRS 24
432C.110; or 25
(b) Modify any duty of a mental health professional to take 26
precautions to prevent harm by a patient: 27
(1) Who is in the custody of a hospital or other facility where 28
the mental health professional is employed; or 29
(2) Who is being discharged from such a facility. 30
5. As used in this section, “mental health professional” 31
includes: 32
(a) A physician or psychiatrist licensed to practice medicine in 33
this State pursuant to chapter 630 or 633 of NRS; 34
(b) A psychologist who is licensed to practice psychology 35
pursuant to chapter 641 of NRS or authorized to practice 36
psychology in this State pursuant to the Psychology 37
Interjurisdictional Compact enacted in NRS 641.227; 38
(c) A behavioral health and wellness practitioner licensed to 39
practice behavioral health promotion and prevention pursuant to 40
chapter 641 of NRS; 41
(d) A social worker who: 42
(1) Holds a master’s degree in social work; 43
(2) Is licensed as a clinical social worker pursuant to chapter 44
641B of NRS; and 45
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(3) Is employed by the Division of Public and Behavioral 1
Health of the Department of Health and Human Services; 2
[(d)] (e) A registered nurse who: 3
(1) Is licensed to practice professional nursing pursuant to 4
chapter 632 of NRS; and 5
(2) Holds a master’s degree in psychiatric nursing or a 6
related field; 7
[(e)] (f) A marriage and family therapist licensed pursuant to 8
chapter 641A of NRS; 9
[(f)] (g) A clinical professional counselor licensed pursuant to 10
chapter 641A of NRS; and 11
[(g)] (h) A person who is working in this State within the scope 12
of his or her employment by the Federal Government, including, 13
without limitation, employment with the Department of Veterans 14
Affairs, the military or the Indian Health Service, and is: 15
(1) Licensed or certified as a physician, psychologist, 16
marriage and family therapist, clinical professional counselor, 17
alcohol and drug counselor or clinical alcohol and drug counselor in 18
another state; 19
(2) Licensed as a social worker in another state and holds a 20
master’s degree in social work; or 21
(3) Licensed to practice professional nursing in another state 22
and holds a master’s degree in psychiatric nursing or a related field. 23
Sec. 3. NRS 629.580 is hereby amended to read as follows: 24
629.580 1. A person who provides wellness services in 25
accordance with this section, but who is not licensed, certified or 26
registered in this State as a provider of health care, is not in 27
violation of any law based on the unlicensed practice of health care 28
services or a health care profession unless the person: 29
(a) Performs surgery or any other procedure which punctures the 30
skin of any person; 31
(b) Sets a fracture of any bone of any person; 32
(c) Prescribes or administers X-ray radiation to any person; 33
(d) Prescribes or administers a prescription drug or device or a 34
controlled substance to any person; 35
(e) Recommends to a client that he or she discontinue or in any 36
manner alter current medical treatment prescribed by a provider of 37
health care licensed, certified or registered in this State; 38
(f) Makes a diagnosis of a medical disease of any person; 39
(g) Performs a manipulation or a chiropractic adjustment of the 40
articulations of joints or the spine of any person; 41
(h) Treats a person’s health condition in a manner that 42
intentionally or recklessly causes that person recognizable and 43
imminent risk of serious or permanent physical or mental harm; 44
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(i) Holds out, states, indicates, advertises or implies to any 1
person that he or she is a provider of health care; 2
(j) Engages in the practice of medicine in violation of chapter 3
630 or 633 of NRS, the practice of homeopathic medicine in 4
violation of chapter 630A of NRS, the practice of naprapathy 5
in violation of chapter 634B of NRS or the practice of podiatry in 6
violation of chapter 635 of NRS, unless otherwise expressly 7
authorized by this section; 8
(k) Performs massage therapy as that term is defined in NRS 9
640C.060, reflexology as that term is defined in NRS 640C.080 or 10
structural integration as that term is defined in NRS 640C.085; 11
(l) Provides mental health services that are exclusive to the 12
scope of practice of a psychiatrist licensed pursuant to chapter 630 13
or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of 14
NRS; [or] 15
(m) Engages in the practice of applied behavior analysis in 16
violation of chapter 641D of NRS [.] ; or 17
(n) Engages in the practice of behavioral health promotion 18
and prevention in violation of chapter 641 of NRS. 19
2. Any person providing wellness services in this State who is 20
not licensed, certified or registered in this State as a provider of 21
health care and who is advertising or charging a fee for wellness 22
services shall, before providing those services, disclose to each 23
client in a plainly worded written statement: 24
(a) The person’s name, business address and telephone number; 25
(b) The fact that he or she is not licensed, certified or registered 26
as a provider of health care in this State; 27
(c) The nature of the wellness services to be provided; 28
(d) The degrees, training, experience, credentials and other 29
qualifications of the person regarding the wellness services to be 30
provided; and 31
(e) A statement in substantially the following form: 32
33
It is recommended that before beginning any wellness 34
plan, you notify your primary care physician or other licensed 35
providers of health care of your intention to use wellness 36
services, the nature of the wellness services to be provided 37
and any wellness plan that may be utilized. It is also 38
recommended that you ask your primary care physician or 39
other licensed providers of health care about any potential 40
drug interactions, side effects, risks or conflicts between any 41
medications or treatments prescribed by your primary care 42
physician or other licensed providers of health care and the 43
wellness services you intend to receive. 44
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A person who provides wellness services shall obtain from each 1
client a signed copy of the statement required by this subsection, 2
provide the client with a copy of the signed statement at the time of 3
service and retain a copy of the signed statement for a period of not 4
less than 5 years. 5
3. A written copy of the statement required by subsection 2 6
must be posted in a prominent place in the treatment location of the 7
person providing wellness services in at least 12-point font. 8
Reasonable accommodations must be made for clients who: 9
(a) Are unable to read; 10
(b) Are blind or visually impaired; 11
(c) Have communication impairments; or 12
(d) Do not read or speak English or any other language in which 13
the statement is written. 14
4. Any advertisement for wellness services authorized pursuant 15
to this section must disclose that the provider of those services is not 16
licensed, certified or registered as a provider of health care in this 17
State. 18
5. A person who violates any provision of this section is guilty 19
of a misdemeanor. Before a criminal proceeding is commenced 20
against a person for a violation of a provision of this section, a 21
notification, educational or mediative approach must be utilized by 22
the regulatory body enforcing the provisions of this section to bring 23
the person into compliance with such provisions. 24
6. This section does not apply to or control: 25
(a) Any health care practice by a provider of health care 26
pursuant to the professional practice laws of this State, or prevent 27
such a health care practice from being performed. 28
(b) Any health care practice if the practice is exempt from the 29
professional practice laws of this State, or prevent such a health care 30
practice from being performed. 31
(c) A person who provides health care services if the person is 32
exempt from the professional practice laws of this State, or prevent 33
the person from performing such a health care service. 34
(d) A medical assistant, as that term is defined in NRS 630.0129 35
and 633.075, an advanced practitioner of homeopathy, as that term 36
is defined in NRS 630A.015, or a homeopathic assistant, as that 37
term is defined in NRS 630A.035. 38
7. As used in this section, “wellness services” means healing 39
arts therapies and practices, and the provision of products, that are 40
based on the following complementary health treatment approaches 41
and which are not otherwise prohibited by subsection 1: 42
(a) Anthroposophy. 43
(b) Aromatherapy. 44
(c) Traditional cultural healing practices. 45
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(d) Detoxification practices and therapies. 1
(e) Energetic healing. 2
(f) Folk practices. 3
(g) Gerson therapy and colostrum therapy. 4
(h) Healing practices using food, dietary supplements, nutrients 5
and the physical forces of heat, cold, water and light. 6
(i) Herbology and herbalism. 7
(j) Reiki. 8
(k) Mind-body healing practices. 9
(l) Nondiagnostic iridology. 10
(m) Noninvasive instrumentalities. 11
(n) Holistic kinesiology. 12
Sec. 4. NRS 629.600 is hereby amended to read as follows: 13
629.600 1. A psychotherapist shall not provide any 14
conversion therapy to a person who is under 18 years of age 15
regardless of the willingness of the person or his or her parent or 16
legal guardian to authorize such therapy. 17
2. Any violation of subsection 1 is a ground for disciplinary 18
action by a state board that licenses a psychotherapist as defined in 19
subsection 3. 20
3. As used in this section: 21
(a) “Conversion therapy” means any practice or treatment that 22
seeks to change the sexual orientation or gender identity of a person, 23
including, without limitation, a practice or treatment that seeks to 24
change behaviors or gender expressions or to eliminate or reduce 25
sexual or romantic attractions or feelings toward persons of the 26
same gender. The term does not include counseling that: 27
(1) Provides assistance to a person undergoing gender 28
transition; or 29
(2) Provides acceptance, support and understanding of a 30
person or facilitates a person’s ability to cope, social support and 31
identity exploration and development, including, without limitation, 32
an intervention to prevent or address unlawful conduct or unsafe 33
sexual practices that is neutral as to the sexual-orientation of the 34
person receiving the intervention and does not seek to change 35
the sexual orientation or gender identity of the person receiving the 36
intervention. 37
(b) “Psychotherapist” means: 38
(1) A psychiatrist licensed to practice medicine in this State 39
pursuant to chapter 630 of NRS; 40
(2) A homeopathic physician, advanced practitioner of 41
homeopathy or homeopathic assistant licensed or certified pursuant 42
to chapter 630A of NRS; 43
(3) A psychiatrist licensed to practice medicine in this State 44
pursuant to chapter 633 of NRS; 45
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(4) A psychologist or behavioral health and wellness 1
practitioner licensed to practice in this State pursuant to chapter 641 2
of NRS; 3
(5) A social worker licensed in this State as an independent 4
social worker or a clinical social worker pursuant to chapter 641B of 5
NRS; 6
(6) A registered nurse holding a master’s degree in the field 7
of psychiatric nursing and licensed to practice professional nursing 8
in this State pursuant to chapter 632 of NRS; 9
(7) A marriage and family therapist or clinical professional 10
counselor licensed in this State pursuant to chapter 641A of NRS; or 11
(8) A person who provides counseling services as part of his 12
or her training for any of the professions listed in subparagraphs (1) 13
to (7), inclusive. 14
Sec. 5. NRS 632.120 is hereby amended to read as follows: 15
632.120 1. The Board shall: 16
(a) Adopt regulations establishing reasonable standards: 17
(1) For the denial, renewal, suspension and revocation of, 18
and the placement of conditions, limitations and restrictions upon, a 19
license to practice professional or practical nursing or a certificate to 20
practice as a nursing assistant or medication aide - certified. 21
(2) Of professional conduct for the practice of nursing. 22
(3) For prescribing and dispensing controlled substances and 23
dangerous drugs in accordance with applicable statutes. 24
(4) For the psychiatric training and experience necessary for 25
an advanced practice registered nurse to be authorized to [make] : 26
(I) Make the diagnoses, evaluations and examinations 27
described in NRS 432B.6078, 432B.60816, 433A.162, 433A.240, 28
433A.335, 433A.390, 433A.430, 484C.300 and 484C.320 to 29
484C.350, inclusive, the certifications described in NRS 432B.6075, 30
432B.60814, 433A.170, 433A.195 and 433A.200 and the sworn 31
statements or declarations described in NRS 433A.210 and 32
433A.335 [.] ; and 33
(II) Supervise a behavioral health and wellness 34
practitioner pursuant to section 18 of this act. 35
(b) Prepare and administer examinations for the issuance of a 36
license or certificate under this chapter. 37
(c) Investigate and determine the eligibility of an applicant for a 38
license or certificate under this chapter. 39
(d) Carry out and enforce the provisions of this chapter and the 40
regulations adopted pursuant thereto. 41
(e) Develop and disseminate annually to each registered nurse 42
who cares for children information concerning the signs and 43
symptoms of pediatric cancer. 44
2. The Board may adopt regulations establishing reasonable: 45
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(a) Qualifications for the issuance of a license or certificate 1
under this chapter. 2
(b) Standards for the continuing professional competence of 3
licensees or holders of a certificate. The Board may evaluate 4
licensees or holders of a certificate periodically for compliance with 5
those standards. 6
3. The Board may adopt regulations establishing a schedule of 7
reasonable fees and charges, in addition to those set forth in NRS 8
632.345, for: 9
(a) Investigating licensees or holders of a certificate and 10
applicants for a license or certificate under this chapter; 11
(b) Evaluating the professional competence of licensees or 12
holders of a certificate; 13
(c) Conducting hearings pursuant to this chapter; 14
(d) Duplicating and verifying records of the Board; and 15
(e) Surveying, evaluating and approving schools of practical 16
nursing, and schools and courses of professional nursing, 17
and collect the fees established pursuant to this subsection. 18
4. For the purposes of this chapter, the Board shall, by 19
regulation, define the term “in the process of obtaining 20
accreditation.” 21
5. The Board may adopt such other regulations, not 22
inconsistent with state or federal law, as may be necessary to carry 23
out the provisions of this chapter relating to nursing assistant 24
trainees, nursing assistants and medication aides - certified. 25
6. The Board may adopt such other regulations, not 26
inconsistent with state or federal law, as are necessary to enable it to 27
administer the provisions of this chapter. 28
Sec. 6. NRS 632.472 is hereby amended to read as follows: 29
632.472 1. The following persons shall report in writing to 30
the Executive Director of the Board any conduct of a licensee or 31
holder of a certificate which constitutes a violation of the provisions 32
of this chapter: 33
(a) Any physician, dentist, dental hygienist, expanded function 34
dental assistant, naprapath, chiropractic physician, optometrist, 35
podiatric physician, medical examiner, resident, intern, professional 36
or practical nurse, nursing assistant, medication aide - certified, 37
perfusionist, physician assistant licensed pursuant to chapter 630 or 38
633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, 39
behavioral health and wellness practitioner, marriage and family 40
therapist, clinical professional counselor, alcohol or drug counselor, 41
peer recovery support specialist, peer recovery support specialist 42
supervisor, music therapist, holder of a license or limited license 43
issued pursuant to chapter 653 of NRS, driver of an ambulance, 44
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paramedic or other person providing medical services licensed or 1
certified to practice in this State. 2
(b) Any personnel of a medical facility or facility for the 3
dependent engaged in the admission, examination, care or treatment 4
of persons or an administrator, manager or other person in charge of 5
a medical facility or facility for the dependent upon notification by a 6
member of the staff of the facility. 7
(c) A coroner. 8
(d) Any person who maintains or is employed by an agency to 9
provide personal care services in the home. 10
(e) Any person who operates, who is employed by or who 11
contracts to provide services for an intermediary service 12
organization as defined in NRS 449.4304. 13
(f) Any person who maintains or is employed by an agency to 14
provide nursing in the home. 15
(g) Any employee of the Department of Health and Human 16
Services. 17
(h) Any employee of a law enforcement agency or a county’s 18
office for protective services or an adult or juvenile probation 19
officer. 20
(i) Any person who maintains or is employed by a facility or 21
establishment that provides care for older persons. 22
(j) Any person who maintains, is employed by or serves as a 23
volunteer for an agency or service which advises persons regarding 24
the abuse, neglect or exploitation of an older person and refers them 25
to persons and agencies where their requests and needs can be met. 26
(k) Any social worker. 27
(l) Any person who operates or is employed by a community 28
health worker pool or with whom a community health worker pool 29
contracts to provide the services of a community health worker, as 30
defined in NRS 449.0027. 31
2. Every physician who, as a member of the staff of a medical 32
facility or facility for the dependent, has reason to believe that a 33
nursing assistant or medication aide - certified has engaged in 34
conduct which constitutes grounds for the denial, suspension or 35
revocation of a certificate shall notify the superintendent, manager 36
or other person in charge of the facility. The superintendent, 37
manager or other person in charge shall make a report as required in 38
subsection 1. 39
3. A report may be filed by any other person. 40
4. Any person who in good faith reports any violation of the 41
provisions of this chapter to the Executive Director of the Board 42
pursuant to this section is immune from civil liability for reporting 43
the violation. 44
5. As used in this section: 45
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(a) “Agency to provide personal care services in the home” has 1
the meaning ascribed to it in NRS 449.0021. 2
(b) “Community health worker pool” has the meaning ascribed 3
to it in NRS 449.0028. 4
(c) “Peer recovery support specialist” has the meaning ascribed 5
to it in NRS 433.627. 6
(d) “Peer recovery support specialist supervisor” has the 7
meaning ascribed to it in NRS 433.629. 8
Sec. 7. NRS 640D.060 is hereby amended to read as follows: 9
640D.060 “Music therapy” means the clinical use of music 10
interventions by a licensee to accomplish individualized goals 11
within a therapeutic relationship by a credentialed professional who 12
has completed a music therapy program approved by the Board. The 13
term does not include: 14
1. The practice of psychology , behavioral health promotion 15
and prevention or medicine; 16
2. The psychological assessment or treatment of couples or 17
families; 18
3. The prescribing of drugs or electroconvulsive therapy; 19
4. The medical treatment of physical disease, injury or 20
deformity; 21
5. The diagnosis or psychological treatment of a psychotic 22
disorder; 23
6. The use of projective techniques in the assessment of 24
personality; 25
7. The use of psychological, neuropsychological, psychometric 26
assessment or clinical tests designed to identify or classify abnormal 27
or pathological human behavior or to determine intelligence, 28
personality, aptitude, interests or addictions; 29
8. The use of individually administered intelligence tests, 30
academic achievement tests or neuropsychological tests; 31
9. The use of psychotherapy to treat the concomitants of 32
organic illness; 33
10. The diagnosis of any physical or mental disorder; or 34
11. The evaluation of the effects of medical and psychotropic 35
drugs. 36
Sec. 8. NRS 640E.090 is hereby amended to read as follows: 37
640E.090 1. The provisions of this chapter do not apply to: 38
(a) Any person who is licensed or registered in this State as a 39
physician pursuant to chapter 630, 630A or 633 of NRS, dentist, 40
nurse, dispensing optician, optometrist, occupational therapist, 41
practitioner of respiratory care, physical therapist, podiatric 42
physician, psychologist, behavioral health and wellness 43
practitioner, marriage and family therapist, chiropractic physician, 44
naprapath, athletic trainer, massage therapist, reflexologist, 45
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structural integration practitioner, perfusionist, doctor of Oriental 1
medicine in any form, medical laboratory director or technician or 2
pharmacist who: 3
(1) Practices within the scope of that license or registration; 4
(2) Does not represent that he or she is a licensed dietitian or 5
registered dietitian; and 6
(3) Provides nutrition information incidental to the practice 7
for which he or she is licensed or registered. 8
(b) A student enrolled in an educational program accredited by 9
the Accreditation Council for Education in Nutrition and Dietetics, 10
or its successor organization, if the student engages in the practice 11
of dietetics under the supervision of a licensed dietitian or registered 12
dietitian as part of that educational program. 13
(c) A registered dietitian employed by the Armed Forces of the 14
United States, the United States Department of Veterans Affairs or 15
any division or department of the Federal Government in the 16
discharge of his or her official duties, including, without limitation, 17
the practice of dietetics or providing nutrition services. 18
(d) A person who furnishes nutrition information, provides 19
recommendations or advice concerning nutrition, or markets food, 20
food materials or dietary supplements and provides nutrition 21
information, recommendations or advice related to that marketing, if 22
the person does not represent that he or she is a licensed dietitian or 23
registered dietitian. While performing acts described in this 24
paragraph, a person shall be deemed not to be engaged in the 25
practice of dietetics or the providing of nutrition services. 26
(e) A person who provides services relating to weight loss or 27
weight control through a program reviewed by and in consultation 28
with a licensed dietitian or physician or a dietitian licensed or 29
registered in another state which has equivalent licensure 30
requirements as this State, as long as the person does not change the 31
services or program without the approval of the person with whom 32
he or she is consulting. 33
2. As used in this section, “nutrition information” means 34
information relating to the principles of nutrition and the effect of 35
nutrition on the human body, including, without limitation: 36
(a) Food preparation; 37
(b) Food included in a normal daily diet; 38
(c) Essential nutrients required by the human body and 39
recommended amounts of essential nutrients, based on nationally 40
established standards; 41
(d) The effect of nutrients on the human body and the effect of 42
deficiencies in or excess amounts of nutrients in the human body; 43
and 44
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(e) Specific foods or supplements that are sources of essential 1
nutrients. 2
Sec. 9. Chapter 641 of NRS is hereby amended by adding 3
thereto the provisions set forth as sections 10 to 18, inclusive, of this 4
act. 5
Sec. 10. “Behavioral health and wellness practitioner” 6
means a person who is licensed pursuant to this chapter to 7
practice behavioral health promotion and prevention. 8
Sec. 11. “Behavioral health promotion and prevention” 9
means the supervised clinical use of prevention and intervention 10
strategies to identify persons at risk of mental or behavioral health 11
issues and accomplish individualized goals relating to the mental 12
and behavioral health of the person as part of a therapeutic 13
relationship. The term does not include: 14
1. The practice of psychology or medicine; 15
2. The psychological assessment or treatment of children, 16
couples or families; 17
3. Prescribing drugs or electroconvulsive therapy; 18
4. Medical treatment of physical disease, injury or deformity; 19
5. Diagnosis or psychological treatment of a psychotic 20
disorder; 21
6. The administration and interpretation of projective 22
techniques in the assessment of personality; 23
7. The administration and interpretation of a psychological, 24
neuropsychological or psychometric assessment or clinical tests 25
designed to diagnose abnormal or pathological human behavior or 26
to determine intelligence, personality, aptitude, interests or 27
addictions; 28
8. The administration and interpretation of individually 29
administered intelligence tests, academic achievement tests or 30
neuropsychological tests; 31
9. The administration and interpretation of psychotherapy to 32
treat the concomitants of organic illness; 33
10. The diagnosis of any physical or mental disorder; 34
11. The evaluation of the effects of medical and psychotropic 35
drugs; 36
12. The practice of clinical professional counseling, as 37
defined in NRS 641A.065; or 38
13. The practice of marriage and family therapy, as defined 39
in NRS 641A.080. 40
Sec. 12. A person who is employed by: 41
1. The Federal Government and who practices psychology 42
within the scope of that employment is not subject to the 43
provisions of this chapter. 44
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2. The State or Federal Government and who provides 1
behavioral health promotion and prevention services within the 2
scope of that employment is not subject to the provisions of this 3
chapter. 4
Sec. 13. 1. The Board shall adopt such regulations as it 5
deems necessary to carry out the provisions of sections 13 to 18, 6
inclusive, of this act. The regulations may include, without 7
limitation: 8
(a) Standards of training for a behavioral health and wellness 9
practitioner; 10
(b) Standards for a person performing services or participating 11
in activities as part of a supervised course of study in an accredited 12
or approved educational program in behavioral health promotion 13
and prevention; 14
(c) Requirements for an educational program in behavioral 15
health promotion and prevention to be approved by the Board; 16
(d) An alternative to the examination required by section 15 of 17
this act which provides an applicant a process to demonstrate that 18
the applicant is competent to practice as a behavioral health and 19
wellness practitioner; 20
(e) Requirements for continuing education for a behavioral 21
health and wellness practitioner, in addition to those prescribed by 22
section 16 of this act; and 23
(f) Standards of practice for a behavioral health and wellness 24
practitioner, including, without limitation, the requirements for 25
supervision of a behavioral health and wellness practitioner by a 26
provider of health care listed in section 18 of this act. 27
2. The Board may accept gifts, grants, donations and 28
contributions from any source to assist in carrying out the 29
provisions of sections 13 to 18, inclusive, of this act. 30
Sec. 14. 1. The Board shall establish a Behavioral Health 31
and Wellness Practitioner Advisory Group consisting of persons 32
familiar with the practice of behavioral health promotion and 33
prevention to provide the Board with expertise and assistance 34
relating to the regulation of behavioral health and wellness 35
practitioners. The Board shall: 36
(a) Determine the number of members of the Advisory Group; 37
(b) Appoint the members of the Advisory Group; 38
(c) Establish the terms of the members of the Advisory Group; 39
and 40
(d) Determine the duties of the Advisory Group. 41
2. The members of the Advisory Group serve without 42
compensation. 43
Sec. 15. 1. The Board shall issue a license to practice 44
behavioral health promotion and prevention to an applicant who: 45
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(a) Is of good moral character, as determined by the Board; 1
(b) Is at least 18 years of age; and 2
(c) Submits to the Board: 3
(1) A completed application on a form provided by the 4
Board and the fee prescribed by the Board; 5
(2) Proof that the applicant: 6
(I) Holds a bachelor’s degree or higher in psychology, 7
social work, human services or a related field; and 8
(II) Has successfully completed an educational program 9
in behavioral health promotion and prevention approved by the 10
Board; 11
(3) The name and occupation of the provider of health care 12
who will supervise the applicant pursuant to section 18 of this act 13
and, if the provider of health care is not a psychologist, 14
documentation from the professional licensing board that licenses 15
the provider of health care stating that he or she has an active 16
license in good standing; and 17
(4) Proof that the applicant has: 18
(I) Passed any examination approved by the Board on 19
the practice of behavioral health promotion and prevention; or 20
(II) Demonstrated his or her competency through the 21
alternative to examination authorized by the regulations adopted 22
by the Board pursuant to section 13 of this act. 23
2. Within 120 days after receiving an application and the 24
accompanying evidence from an applicant, the Board shall: 25
(a) Evaluate the application and accompanying evidence and 26
determine whether the applicant is qualified pursuant to this 27
section for licensure; and 28
(b) Issue a written statement to the applicant of its 29
determination. 30
3. If the Board determines that the qualifications of the 31
applicant are insufficient for licensure, the written statement 32
issued to the applicant pursuant to subsection 2 must include a 33
detailed explanation of the reasons for that determination. 34
Sec. 16. Each license to practice behavioral health 35
promotion and prevention must be renewed 3 years after the date 36
on which it was issued and every 3 years thereafter. The holder of 37
such a license may renew the license before that date by 38
submitting to the Board: 39
1. A completed application for renewal on a form prescribed 40
by the Board; 41
2. Proof that the applicant has completed not less than 20 42
hours of continuing education within the immediately preceding 3 43
years. Such continuing education must include, without 44
limitation: 45
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(a) At least 2 hours of continuing education in ethics; 1
(b) At least 2 hours of continuing education in prevention 2
science; and 3
(c) Any additional continuing education required by the Board 4
pursuant to section 13 of this act; and 5
3. The renewal fee prescribed by the Board. 6
Sec. 17. 1. A license to practice behavioral health 7
promotion and prevention that is not renewed on or before the 8
date prescribed by section 16 of this act is delinquent. The Board 9
shall, within 30 days after the license becomes delinquent, send a 10
notice to the licensee by certified mail, return receipt requested, to 11
the address of the licensee as indicated in the records of the 12
Board. 13
2. A licensee may renew a delinquent license within 60 days 14
after the license becomes delinquent by submitting to the Board 15
the documents required by section 16 of this act. 16
3. A license to practice behavioral health promotion and 17
prevention expires 60 days after it becomes delinquent if it is not 18
renewed within that period. 19
Sec. 18. A behavioral health and wellness practitioner may 20
be supervised by: 21
1. A psychiatrist licensed pursuant to chapter 630 or 633 of 22
NRS; 23
2. An advanced practice registered nurse who has the 24
psychiatric training and experience prescribed by the State Board 25
of Nursing pursuant to NRS 632.120; 26
3. A psychologist; 27
4. A clinical professional counselor; 28
5. A marriage and family therapist; or 29
6. A clinical social worker. 30
Sec. 19. NRS 641.010 is hereby amended to read as follows: 31
641.010 The [practice] practices of psychology [is] and 32
behavioral health promotion and prevention are hereby declared to 33
be [a] learned [profession,] professions, affecting public safety, 34
health and welfare and subject to regulation to protect the public 35
from the practice of psychology and behavioral health promotion 36
and prevention by unqualified persons and from unprofessional 37
conduct by persons licensed to practice psychology [.] and 38
behavioral health promotion and prevention. 39
Sec. 20. NRS 641.020 is hereby amended to read as follows: 40
641.020 As used in this chapter, unless the context otherwise 41
requires, the words and terms defined in NRS 641.021 to 641.027, 42
inclusive, and sections 10 and 11 of this act have the meanings 43
ascribed to them in those sections. 44
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Sec. 21. NRS 641.022 is hereby amended to read as follows: 1
641.022 “Community” means the entire area customarily 2
served by psychologists or behavioral health and wellness 3
practitioners among whom a patient may reasonably choose, not 4
merely the particular area inhabited by the patients of an individual 5
psychologist or behavioral health and wellness practitioner or the 6
particular city or place where the psychologist or behavioral health 7
and wellness practitioner has his or her office. 8
Sec. 22. NRS 641.023 is hereby amended to read as follows: 9
641.023 “Gross malpractice” means malpractice where the 10
failure to exercise the requisite degree of care, diligence or skill 11
consists of: 12
1. Practicing psychology , [or] psychotherapy or behavioral 13
health promotion and prevention with a patient while the 14
psychologist or behavioral health and wellness practitioner is 15
under the influence of an alcoholic beverage as defined in NRS 16
202.015 or any controlled substance; 17
2. Gross negligence; 18
3. Willful disregard of established methods and procedures in 19
the practice of psychology [;] or behavioral health promotion and 20
prevention, as applicable; or 21
4. Willful and consistent use of methods and procedures 22
considered by psychologists or behavioral health and wellness 23
practitioners, as applicable, in the community to be inappropriate 24
or unnecessary in the cases where used. 25
Sec. 23. NRS 641.024 is hereby amended to read as follows: 26
641.024 “Malpractice” means failure on the part of a 27
psychologist or a behavioral health and wellness practitioner to 28
exercise the degree of care, diligence and skill ordinarily exercised 29
by psychologists or behavioral health and wellness practitioners, 30
as applicable, in good standing in the community. 31
Sec. 24. NRS 641.0245 is hereby amended to read as follows: 32
641.0245 “Patient” means a person who [consults] : 33
1. Consults or is examined or interviewed by a psychologist 34
for purposes of diagnosis or treatment [.] ; or 35
2. Receives behavioral health promotion and prevention 36
services from a behavioral health and wellness practitioner. 37
Sec. 25. NRS 641.026 is hereby amended to read as follows: 38
641.026 “Professional incompetence” means lack of ability to 39
practice psychology or behavioral health promotion and 40
prevention safely and skillfully arising from: 41
1. Lack of knowledge or training; 42
2. Impaired physical or mental ability; or 43
3. Dependence upon an alcoholic beverage as defined in NRS 44
202.015 or any controlled substance. 45
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Sec. 26. NRS 641.029 is hereby amended to read as follows: 1
641.029 The provisions of this chapter do not apply to: 2
1. A physician who is licensed to practice in this State; 3
2. A person who is licensed to practice dentistry in this State; 4
3. A person who is licensed as a marriage and family therapist 5
or marriage and family therapist intern pursuant to chapter 641A of 6
NRS; 7
4. A person who is licensed as a clinical professional counselor 8
or clinical professional counselor intern pursuant to chapter 641A of 9
NRS; 10
5. A person who is licensed to engage in social work pursuant 11
to chapter 641B of NRS; 12
6. A person who is licensed as an occupational therapist or 13
occupational therapy assistant pursuant to chapter 640A of NRS; 14
7. A person who is licensed as a clinical alcohol and drug 15
counselor, licensed or certified as an alcohol and drug counselor or 16
certified as an alcohol and drug counselor intern, a clinical alcohol 17
and drug counselor intern, a problem gambling counselor or a 18
problem gambling counselor intern, pursuant to chapter 641C of 19
NRS; 20
8. A person who provides or supervises the provision of peer 21
recovery support services in accordance with the provisions of NRS 22
433.622 to 433.641, inclusive; 23
9. A person who is licensed as a behavior analyst or an 24
assistant behavior analyst or registered as a registered behavior 25
technician pursuant to chapter 641D of NRS, while engaged in the 26
practice of applied behavior analysis as defined in NRS 641D.080; 27
or 28
10. Any member of the clergy, 29
if such a person does not commit an act described in NRS 30
641.440 or represent himself or herself as a psychologist [.] or a 31
behavioral health and wellness practitioner. 32
Sec. 27. NRS 641.040 is hereby amended to read as follows: 33
641.040 1. The Governor shall appoint to the Board: 34
(a) Four members who are licensed psychologists in the State of 35
Nevada with at least 5 years of experience in the practice of 36
psychology after being licensed. 37
(b) One member who is a licensed psychologist in the State of 38
Nevada with at least 5 years of experience in the practice of 39
psychology after being licensed and who is a core faculty member at 40
a doctorate-level program or internship location that is accredited by 41
the American Psychological Association for at least 3 years before 42
the time of appointment. If such a licensed psychologist is not 43
available to serve, the Governor shall appoint one member who 44
meets the requirements set forth in paragraph (a). 45
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(c) One member who has resided in this State for at least 5 years 1
and who represents the interests of persons or agencies that 2
regularly provide health care to patients who are indigent, uninsured 3
or unable to afford health care. 4
(d) One member who is a representative of the general public. 5
2. A person is not eligible for appointment unless he or she is: 6
(a) A citizen of the United States; and 7
(b) A resident of the State of Nevada. 8
3. The member who is a representative of the general public 9
must not be a psychologist [,] or behavioral health and wellness 10
practitioner, an applicant or a former applicant for licensure as a 11
psychologist [,] or behavioral health and wellness practitioner, a 12
member of a health profession, the spouse or the parent or child, by 13
blood, marriage or adoption, of a psychologist [,] or behavioral 14
health and wellness practitioner, or a member of a household that 15
includes a psychologist [.] or a behavioral health and wellness 16
practitioner. 17
4. Board members must not have any conflicts of interest or the 18
appearance of such conflicts in the performance of their duties as 19
members of the Board. 20
Sec. 28. NRS 641.100 is hereby amended to read as follows: 21
641.100 1. The Board shall adopt regulations: 22
(a) Prescribing uniform standards concerning the locations at 23
which persons obtaining supervised experience that is required for 24
licensure by the Board provide services; 25
(b) Authorizing the remote supervision, including, without 26
limitation, electronic supervision, of persons obtaining supervised 27
experience that is required for licensure by the Board who are 28
working at remote sites and prescribing standards concerning such 29
remote supervision; and 30
(c) Prescribing a manner by which the qualifications for the 31
issuance or renewal of a license under the provisions of this chapter 32
will be made available to the public such that those qualifications 33
are clearly defined and easily understood. 34
2. The Board may make and promulgate any other rules and 35
regulations not inconsistent with the provisions of this chapter 36
governing its procedure, the examination and licensure of 37
applicants, the granting, refusal, revocation or suspension of 38
licenses, the registration of persons as psychological assistants, 39
psychological interns or psychological trainees and the [practice] 40
practices of psychology [.] and behavioral health promotion and 41
prevention. 42
3. On the date that the Board gives notice pursuant to NRS 43
233B.060 of its intent to adopt, amend or repeal a regulation, the 44
Board shall submit the regulation to the Commission on Behavioral 45
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Health for review. The Commission shall review the regulation and 1
make recommendations to the Board concerning the advisability of 2
adopting, amending or repealing the regulation and any changes that 3
the Commission deems advisable. 4
Sec. 29. NRS 641.111 is hereby amended to read as follows: 5
641.111 [All] Except as otherwise provided in section 13 of 6
this act, all money coming into possession of the Board must be 7
kept or deposited by the Secretary-Treasurer in banks, credit unions, 8
savings and loan associations or savings banks in the State of 9
Nevada to be expended for payment of compensation and expenses 10
of board members and for other necessary or proper purposes in the 11
administration of this chapter. 12
Sec. 30. NRS 641.160 is hereby amended to read as follows: 13
641.160 1. Each person desiring a license must: 14
(a) Make application to the Board upon a form, and in a manner, 15
prescribed by the Board pursuant to NRS 641.117. The application 16
must be accompanied by the application fee prescribed by the Board 17
and include all information required to complete the application. 18
(b) As part of the application and at his or her own expense: 19
(1) Arrange to have a complete set of fingerprints taken by a 20
law enforcement agency or other authorized entity acceptable to the 21
Board; and 22
(2) Submit to the Board: 23
(I) A complete set of fingerprints and written permission 24
authorizing the Board to forward the fingerprints to the Central 25
Repository for Nevada Records of Criminal History for submission 26
to the Federal Bureau of Investigation for a report on the applicant’s 27
background, and to such other law enforcement agencies as the 28
Board deems necessary for a report on the applicant’s background; 29
or 30
(II) Written verification, on a form prescribed by the 31
Board, stating that the set of fingerprints of the applicant was taken 32
and directly forwarded electronically or by other means to the 33
Central Repository for Nevada Records of Criminal History and that 34
the applicant provided written permission authorizing the law 35
enforcement agency or other authorized entity taking the 36
fingerprints to submit the fingerprints to the Central Repository for 37
Nevada Records of Criminal History for submission to the Federal 38
Bureau of Investigation for a report on the applicant’s background, 39
and to such other law enforcement agencies as the Board deems 40
necessary for a report on the applicant’s background. 41
2. The Board may: 42
(a) Unless the applicant’s fingerprints are directly forwarded 43
pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph 44
(b) of subsection 1, submit those fingerprints to the Central 45
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Repository for Nevada Records of Criminal History for submission 1
to the Federal Bureau of Investigation and to such other law 2
enforcement agencies as the Board deems necessary; and 3
(b) Request from each agency to which the Board submits the 4
fingerprints any information regarding the applicant’s background 5
as the Board deems necessary. 6
3. An application is not considered complete and received for 7
purposes of evaluation pursuant to subsection 2 of NRS 641.170 or 8
subsection 2 of section 15 of this act, as applicable, until the Board 9
receives a complete set of fingerprints or verification that the 10
fingerprints have been forwarded electronically or by other means to 11
the Central Repository for Nevada Records of Criminal History, and 12
written authorization from the applicant pursuant to this section. 13
Sec. 31. NRS 641.220 is hereby amended to read as follows: 14
641.220 1. To renew a license as a psychologist issued 15
pursuant to this chapter, each person must, on or before the first day 16
of January of each odd-numbered year: 17
(a) Apply to the Board for renewal; 18
(b) Pay the biennial fee for the renewal of a license [;] as a 19
psychologist; 20
(c) Submit evidence to the Board of completion of the 21
requirements for continuing education as set forth in regulations 22
adopted by the Board; and 23
(d) Submit all information required to complete the renewal. 24
2. Upon renewing his or her license, a psychologist shall 25
declare his or her areas of competence, as determined in accordance 26
with NRS 641.112. 27
3. The Board shall, as a prerequisite for the renewal of a 28
license [,] as a psychologist, require each holder to comply with the 29
requirements for continuing education adopted by the Board. 30
4. The requirements for continuing education adopted by the 31
Board pursuant to subsection 3 must include, without limitation: 32
(a) A requirement that the holder of a license as a psychologist 33
receive at least 2 hours of instruction on evidence-based suicide 34
prevention and awareness or another course of instruction on suicide 35
prevention and awareness that is approved by the Board which the 36
Board has determined to be effective and appropriate. The hours of 37
instruction required by this paragraph must be completed within 2 38
years after initial licensure and at least every 4 years thereafter. 39
(b) A requirement that the holder of a license as a psychologist 40
must biennially receive at least 6 hours of instruction relating to 41
cultural competency and diversity, equity and inclusion. Such 42
instruction: 43
(1) May include the training provided pursuant to NRS 44
449.103, where applicable. 45
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(2) Must be based upon a range of research from diverse 1
sources. 2
(3) Must address persons of different cultural backgrounds, 3
including, without limitation: 4
(I) Persons from various gender, racial and ethnic 5
backgrounds; 6
(II) Persons from various religious backgrounds; 7
(III) Lesbian, gay, bisexual, transgender and questioning 8
persons; 9
(IV) Children and senior citizens; 10
(V) Veterans; 11
(VI) Persons with a mental illness; 12
(VII) Persons with an intellectual disability, 13
developmental disability or physical disability; and 14
(VIII) Persons who are part of any other population that 15
the holder of a license as a psychologist may need to better 16
understand, as determined by the Board. 17
Sec. 32. NRS 641.222 is hereby amended to read as follows: 18
641.222 1. The license of any [person] psychologist who fails 19
to pay the biennial fee for the renewal of a license to practice 20
psychology within 60 days after the date when it is due is 21
automatically suspended. The Board may, within 2 years after the 22
date the license is so suspended, reinstate the license upon payment 23
to the Board of the amount of the then current biennial fee for the 24
renewal of a license to practice psychology and the amount of the 25
fee for the restoration of a license so suspended. If the license is not 26
reinstated within 2 years, the Board may reinstate the license only if 27
it also determines that the holder of the license is competent to 28
practice psychology. 29
2. A notice must be sent to any [person] psychologist who fails 30
to pay the biennial fee, informing the [person] psychologist that the 31
license is suspended. 32
Sec. 33. NRS 641.228 is hereby amended to read as follows: 33
641.228 1. The Board shall charge and collect not more than 34
the following fees respectively: 35
36
For the national examination, in addition to the 37
actual cost to the Board of the examination ................ $100 38
For any other examination required pursuant to 39
the provisions of subsection 1 of NRS 40
641.180, in addition to the actual costs to the 41
Board of the examination .............................................. 100 42
For the issuance of an initial license to practice 43
psychology....................................................................... 25 44
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For the issuance of an initial license by 1
endorsement to practice psychology ........................... $125 2
For the biennial renewal of a license of a 3
psychologist ................................................................... 850 4
For the restoration of a license of a psychologist 5
suspended for the nonpayment of the biennial 6
fee for the renewal of a license ...................................... 200 7
For the restoration of a license of a psychologist 8
suspended for the nonsubmission of evidence 9
to the Board of completion of the 10
requirements for continuing education as 11
required for the renewal of the license .......................... 200 12
For the registration of a firm, partnership or 13
corporation which engages in or offers to 14
engage in the practice of psychology ............................ 300 15
For the registration of a nonresident to practice 16
as a consultant ............................................................... 100 17
For the initial registration of a psychological 18
assistant, psychological intern or 19
psychological trainee ..................................................... 250 20
For the renewal of a registration of a 21
psychological assistant, psychological intern 22
or psychological trainee ................................................ 150 23
For the issuance of an initial license to practice 24
behavioral health promotion and prevention .............. 200 25
For the triennial renewal of a license to 26
practice behavioral health promotion and 27
prevention ..................................................................... 200 28
29
2. An applicant who passes the national examination and any 30
other examination required pursuant to the provisions of subsection 31
1 of NRS 641.180 and who is eligible for a license as a psychologist 32
shall pay the biennial fee for the renewal of a license, which must be 33
prorated for the period from the date the license is issued to the end 34
of the biennium. 35
3. In addition to the fees set forth in subsection 1, the Board 36
may charge and collect a fee for the expedited processing of a 37
request or for any other incidental service it provides. The fee must 38
not exceed the cost to provide the service. 39
4. Except as otherwise provided in subsection 5, if an applicant 40
submits an application for a license by endorsement pursuant to 41
NRS 641.196, the Board shall charge and collect: 42
(a) Not more than the fee specified in subsection 1 for the 43
issuance of an initial license by endorsement; and 44
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(b) The biennial fee for the renewal of a license, which must be 1
prorated for the period from the date the license is issued to the end 2
of the biennium. 3
5. If an active member of, or the spouse of an active member 4
of, the Armed Forces of the United States, a veteran or the surviving 5
spouse of a veteran submits an application for a license by 6
endorsement pursuant to NRS 641.196, the Board shall collect not 7
more than one-half of the fee set forth in subsection 1 for the initial 8
issuance of the license by endorsement. 9
6. If an applicant submits an application for initial registration 10
as a psychological assistant, psychological intern or psychological 11
trainee pursuant to NRS 641.226 and the applicant has previously 12
been registered as a psychological assistant, psychological intern or 13
psychological trainee, the Board must waive the fee set forth in 14
subsection 1 for the initial registration. 15
7. As used in this section, “veteran” has the meaning ascribed 16
to it in NRS 417.005. 17
Sec. 34. NRS 641.2291 is hereby amended to read as follows: 18
641.2291 1. A program of education for mental health 19
professionals approved by the Board, a mental health professional or 20
a person receiving training for mental health professionals is not 21
required to retain a recording of the provision of mental health 22
services by a psychologist or a behavioral health and wellness 23
practitioner to a patient that meets the requirements of subsection 2 24
if: 25
(a) The recording is used for a training activity that is part of a 26
program of education for mental health professionals approved by 27
the Board; 28
(b) The patient has provided informed consent in writing on a 29
form that meets the requirements prescribed by the Board pursuant 30
to subsection 3 to the use of the recording in the training activity; 31
(c) Destroying the recording does not result in noncompliance 32
with the obligations described in subsection 4; and 33
(d) The recording is destroyed after the expiration of the period 34
of time prescribed by the Board pursuant to paragraph (b) of 35
subsection 3. 36
2. A recording of the provision of mental health services by a 37
psychologist or a behavioral health and wellness practitioner to a 38
patient used for the purpose described in paragraph (a) of 39
subsection 1: 40
(a) Must meet all requirements of the Health Insurance 41
Portability and Accountability Act of 1996, Public Law 104-191, 42
and any regulations adopted pursuant thereto, that are designed to 43
prevent the reproduction, copying or theft of the recording; and 44
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(b) Must not contain any personally identifiable information 1
relating to the patient unless the patient has provided informed 2
consent in writing specifically authorizing the inclusion of that 3
information in the recording. 4
3. The Board shall adopt regulations: 5
(a) Prescribing requirements governing the provision of 6
informed written consent pursuant to paragraph (b) of subsection 1, 7
including, without limitation, requirements governing: 8
(1) The form on which such informed written consent must 9
be provided; and 10
(2) The length of time that a psychologist or a behavioral 11
health and wellness practitioner who obtains such informed written 12
consent must maintain the informed written consent; 13
(b) Prescribing the length of time that a program of education 14
for mental health professionals, a mental health professional or a 15
person receiving training for mental health professionals that uses 16
a recording of the provision of mental health services by a 17
psychologist or a behavioral health and wellness practitioner to a 18
patient for the purposes described in paragraph (a) of subsection 1 19
may retain the recording before destroying it; and 20
(c) Defining “training activity” for the purposes of this section. 21
4. The provisions of this section do not abrogate, alter or 22
otherwise affect the obligation of a psychologist or a behavioral 23
health and wellness practitioner to comply with the applicable 24
requirements of chapter 629 of NRS, including, without limitation, 25
the requirement to retain records concerning the mental health 26
services that he or she provides to patients in accordance with NRS 27
629.051 to 629.069, inclusive. 28
5. Except where necessary for compliance with subsection 4, 29
a recording of the provision of mental health services by a 30
psychologist or a behavioral health and wellness practitioner to a 31
patient that is used for a training activity by a program of education 32
for mental health professionals, a mental health professional or a 33
person receiving training for mental health professionals in 34
accordance with the provisions of this section is not a health care 35
record for the purposes of chapter 629 of NRS. 36
6. As used in this section, “mental health professional” means 37
a psychologist, a behavioral health and wellness practitioner, a 38
marriage and family therapist, a clinical professional counselor, a 39
social worker, a master social worker, an independent social worker, 40
a clinical social worker, a clinical alcohol and drug counselor, an 41
alcohol and drug counselor or problem gambling counselor. 42
Sec. 35. NRS 641.230 is hereby amended to read as follows: 43
641.230 1. The Board may suspend or revoke a person’s 44
license as a psychologist or behavioral health and wellness 45
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practitioner or registration as a psychological assistant, 1
psychological intern or psychological trainee, place the person on 2
probation, require remediation for the person or take any other 3
action specified by regulation if the Board finds by a preponderance 4
of the evidence that the person has: 5
(a) Been convicted of a felony relating to the practice of 6
psychology or behavioral health promotion and prevention or to 7
practicing as a psychological assistant, psychological intern or 8
psychological trainee. 9
(b) Been convicted of any crime or offense that reflects the 10
inability of the person to practice psychology or behavioral health 11
promotion and prevention or to practice as a psychological 12
assistant, psychological intern or psychological trainee with due 13
regard for the health and safety of others. 14
(c) Been convicted of violating any of the provisions of NRS 15
616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, 16
inclusive. 17
(d) Engaged in gross malpractice or repeated malpractice or 18
gross negligence in the practice of psychology or behavioral health 19
promotion and prevention or the practice as a psychological 20
assistant, psychological intern or psychological trainee. 21
(e) Aided or abetted the practice of psychology or behavioral 22
health promotion and prevention or the practice as a psychological 23
assistant, psychological intern or psychological trainee by a person 24
not licensed or registered by the Board. 25
(f) Made any fraudulent or untrue statement to the Board. 26
(g) Violated a regulation adopted by the Board. 27
(h) Had a license to practice psychology or behavioral health 28
promotion and prevention or registration to practice as a 29
psychological assistant, psychological intern or psychological 30
trainee suspended or revoked or has had any other disciplinary 31
action taken against the person by another state or territory of the 32
United States, the District of Columbia or a foreign country, if at 33
least one of the grounds for discipline is the same or substantially 34
equivalent to any ground contained in this chapter. 35
(i) Failed to report to the Board within 30 days the revocation, 36
suspension or surrender of, or any other disciplinary action taken 37
against, a license or certificate to practice psychology or behavioral 38
health promotion and prevention or registration to practice as a 39
psychological assistant, psychological intern or psychological 40
trainee issued to the person by another state or territory of the 41
United States, the District of Columbia or a foreign country. 42
(j) Violated or attempted to violate, directly or indirectly, or 43
assisted in or abetted the violation of or conspired to violate a 44
provision of this chapter. 45
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(k) Performed or attempted to perform any professional service 1
while impaired by alcohol, drugs or by a mental or physical illness, 2
disorder or disease. 3
(l) Engaged in sexual activity with a patient or client. 4
(m) Been convicted of abuse or fraud in connection with any 5
state or federal program which provides medical assistance. 6
(n) Been convicted of submitting a false claim for payment to 7
the insurer of a patient or client. 8
(o) Operated a medical facility, as defined in NRS 449.0151, at 9
any time during which: 10
(1) The license of the facility was suspended or revoked; or 11
(2) An act or omission occurred which resulted in the 12
suspension or revocation of the license pursuant to NRS 449.160. 13
This paragraph applies to an owner or other principal responsible 14
for the operation of the facility. 15
2. As used in this section, “preponderance of the evidence” has 16
the meaning ascribed to it in NRS 233B.0375. 17
Sec. 36. NRS 641.245 is hereby amended to read as follows: 18
641.245 1. The Board, any member thereof, a panel of its 19
members or a hearing officer may issue subpoenas to compel the 20
attendance of witnesses and the production of books, papers, 21
documents, the records of patients, and any other article related to 22
the practice of psychology or behavioral health promotion and 23
prevention or to the practice as a psychological assistant, 24
psychological intern or psychological trainee. 25
2. If any witness refuses to attend or testify or produce any 26
article as required by the subpoena, the Board may file a petition 27
with the district court stating that: 28
(a) Due notice has been given for the time and place of 29
attendance of the witness or the production of the required articles; 30
(b) The witness has been subpoenaed pursuant to this section; 31
and 32
(c) The witness has failed or refused to attend or produce the 33
articles required by the subpoena or has refused to answer questions 34
propounded to him or her, 35
and asking for an order of the court compelling the witness to 36
attend and testify before the Board, a panel of its members or a 37
hearing officer, or produce the articles as required by the subpoena. 38
3. Upon such a petition, the court shall enter an order directing 39
the witness to appear before the court at a time and place to be fixed 40
by the court in its order, the time to be not more than 10 days after 41
the date of the order, and then and there show cause why the witness 42
has not attended or testified or produced the articles. A certified 43
copy of the order must be served upon the witness. 44
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4. If it appears to the court that the subpoena was regularly 1
issued, the court shall enter an order that the witness appear before 2
the Board, a panel of its members or a hearing officer at the time 3
and place fixed in the order and testify or produce the required 4
articles, and upon failure to obey the order the witness must be dealt 5
with as for contempt of court. 6
Sec. 37. NRS 641.250 is hereby amended to read as follows: 7
641.250 1. The Board or the Behavioral Health and 8
Wellness Practitioner Advisory Group established pursuant to 9
section 14 of this act, or any of [its] the members [,] of the Board 10
or Advisory Group, any review panel of a hospital or an association 11
of psychologists or behavioral health and wellness practitioners 12
which becomes aware that any one or combination of the grounds 13
for initiating disciplinary action may exist as to a person practicing 14
psychology or behavioral health promotion and prevention or 15
practicing as a psychological assistant, psychological intern or 16
psychological trainee in this State shall, and any other person who is 17
so aware may, file a written complaint specifying the relevant facts 18
with the Board. 19
2. As soon as practicable after receiving a written complaint 20
concerning a behavioral health and wellness practitioner who is 21
not supervised by a psychologist, the Board shall: 22
(a) Identify the licensing board of the supervisor of the 23
behavioral health and wellness practitioner; and 24
(b) Notify that licensing board of the complaint. 25
3. The Board shall retain all complaints filed with the Board 26
pursuant to this section for at least 10 years, including, without 27
limitation, any complaints not acted upon. 28
Sec. 37.5. NRS 641.250 is hereby amended to read as follows: 29
641.250 1. The Board [or the Behavioral Health and 30
Wellness Practitioner Advisory Group] or any of [the] its members , 31
[of the Board or Advisory Group,] any review panel of a hospital or 32
an association of psychologists or behavioral health and wellness 33
practitioners which becomes aware that any one or combination of 34
the grounds for initiating disciplinary action may exist as to a person 35
practicing psychology or behavioral health promotion and 36
prevention or practicing as a psychological assistant, psychological 37
intern or psychological trainee in this State shall, and any other 38
person who is so aware may, file a written complaint specifying the 39
relevant facts with the Board. 40
2. As soon as practicable after receiving a written complaint 41
concerning a behavioral health and wellness practitioner who is not 42
supervised by a psychologist, the Board shall: 43
(a) Identify the licensing board of the supervisor of the 44
behavioral health and wellness practitioner; and 45
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(b) Notify that licensing board of the complaint. 1
3. The Board shall retain all complaints filed with the Board 2
pursuant to this section for at least 10 years, including, without 3
limitation, any complaints not acted upon. 4
Sec. 38. NRS 641.2705 is hereby amended to read as follows: 5
641.2705 1. The Board, through the President of the Board 6
and the investigator designated by the Board, shall conduct an 7
investigation of each complaint filed pursuant to NRS 641.250 8
which sets forth reason to believe that a person has violated 9
NRS 641.390. 10
2. If, after an investigation, the Board determines that a person 11
has violated NRS 641.390, the Board: 12
(a) May issue and serve on the person an order to cease and 13
desist from engaging in any activity prohibited by NRS 641.390 14
until the person obtains the proper license or registration from the 15
Board; 16
(b) May issue a citation to the person; and 17
(c) Unless the Board determines that extenuating circumstances 18
exist, shall forward to the appropriate law enforcement agency any 19
substantiated information that has been submitted to the Board 20
regarding a person who practices or offers to practice: 21
(1) Psychology in this State without the proper license issued 22
by the Board pursuant to this chapter; [or] 23
(2) Behavioral health promotion and prevention in this 24
State without the proper license issued by the Board pursuant to 25
this chapter; or 26
(3) As a psychological assistant, psychological intern or 27
psychological trainee in this State without the proper registration 28
issued by the Board pursuant to this chapter. 29
3. A citation issued pursuant to subsection 2 must be in writing 30
and describe with particularity the nature of the violation. The 31
citation also must inform the person of the provisions of subsection 32
5. Each violation of NRS 641.390 constitutes a separate offense for 33
which a separate citation may be issued. 34
4. For any person who violates the provisions of NRS 641.390, 35
the Board shall assess an administrative fine of: 36
(a) For a first violation, $500. 37
(b) For a second violation, $1,000. 38
(c) For a third or subsequent violation, $1,500. 39
5. To appeal a citation issued pursuant to subsection 2, a 40
person must submit a written request for a hearing to the Board 41
within 30 days after the date of issuance of the citation. 42
Sec. 39. NRS 641.272 is hereby amended to read as follows: 43
641.272 1. Notwithstanding the provisions of chapter 622A 44
of NRS, the Board may require the person named in a complaint to 45
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submit to a mental examination conducted by a panel of three 1
psychologists designated by the Board or a physical examination 2
conducted by a physician designated by the Board. 3
2. Every psychologist and behavioral health and wellness 4
practitioner licensed under this chapter and every psychological 5
assistant, psychological intern or psychological trainee registered 6
under this chapter who accepts the privilege of practicing 7
psychology or behavioral health promotion and prevention or 8
practicing as a psychological assistant, psychological intern or 9
psychological trainee in this State shall be deemed to have given 10
consent to submit to a mental or physical examination when directed 11
to do so in writing by the Board. The testimony or reports of the 12
examining psychologists or physician are privileged 13
communications, except as to proceedings conducted pursuant to 14
this chapter. 15
3. Except in extraordinary circumstances, as determined by the 16
Board, the failure of a psychologist, behavioral health and wellness 17
practitioner, psychological assistant, psychological intern or 18
psychological trainee to submit to an examination as provided in 19
this section constitutes grounds for the immediate suspension of the 20
psychologist’s or behavioral health and wellness practitioner’s 21
license or the psychological assistant’s, psychological intern’s or 22
psychological trainee’s registration. 23
Sec. 40. NRS 641.273 is hereby amended to read as follows: 24
641.273 Notwithstanding the provisions of chapter 622A of 25
NRS, if the Board has reason to believe that the conduct of any 26
psychologist, behavioral health and wellness practitioner, 27
psychological assistant, psychological intern or psychological 28
trainee has raised a reasonable question as to competence to practice 29
psychology or behavioral health promotion and prevention or to 30
practice as a psychological assistant, psychological intern or 31
psychological trainee with reasonable skill and safety to patients, the 32
Board may require the psychologist, behavioral health and 33
wellness practitioner, psychological assistant, psychological intern 34
or psychological trainee to take a written or oral examination to 35
determine whether the psychologist, behavioral health and wellness 36
practitioner, psychological assistant, psychological intern or 37
psychological trainee is competent to practice psychology or 38
behavioral health promotion and prevention or to practice as a 39
psychological assistant, psychological intern or psychological 40
trainee. If an examination is required, the reasons therefor must be 41
documented and made available to the psychologist, behavioral 42
health and wellness practitioner, psychological assistant, 43
psychological intern or psychological trainee being examined. 44
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Sec. 41. NRS 641.274 is hereby amended to read as follows: 1
641.274 Notwithstanding the provisions of chapter 622A of 2
NRS, if the Board, a panel of its members or a hearing officer issues 3
an order suspending the license of a psychologist or behavioral 4
health and wellness practitioner or the registration of a 5
psychological assistant, psychological intern or psychological 6
trainee pending proceedings for disciplinary action and requires the 7
psychologist, behavioral health and wellness practitioner, 8
psychological assistant, psychological intern or psychological 9
trainee to submit to a mental or physical examination or an 10
examination of his or her competency to practice psychology or 11
behavioral health promotion and prevention or to practice as a 12
psychological assistant, psychological intern or psychological 13
trainee, the examination must be conducted and the results obtained 14
within 60 days after the Board, panel of its members or hearing 15
officer issues the order. 16
Sec. 42. NRS 641.285 is hereby amended to read as follows: 17
641.285 Notwithstanding the provisions of chapter 622A of 18
NRS, in any disciplinary proceeding before the Board, a panel of its 19
members or a hearing officer: 20
1. Proof of actual injury need not be established where the 21
complaint charges deceptive or unethical professional conduct, 22
practice of psychology [,] or behavioral health promotion and 23
prevention or practice as a psychological assistant, psychological 24
intern or psychological trainee harmful to the public. 25
2. A certified copy of the record of a court or a licensing 26
agency showing a conviction or the suspension or revocation of a 27
license to practice psychology or behavioral health promotion and 28
prevention or registration to practice as a psychological assistant, 29
psychological intern or psychological trainee or an order containing 30
any other disciplinary action entered by a court in the District of 31
Columbia or any state or territory of the United States is conclusive 32
evidence of its occurrence. 33
3. The entering of a plea of nolo contendere in a court of 34
competent jurisdiction shall be deemed a conviction of the offense 35
charged. 36
Sec. 43. NRS 641.312 is hereby amended to read as follows: 37
641.312 1. Any person who has been placed on probation or 38
whose license or registration has been limited, suspended or revoked 39
is entitled to judicial review of the order. 40
2. Every order which limits the practice of psychology or 41
behavioral health promotion or prevention or the practice as a 42
psychological assistant, psychological intern or psychological 43
trainee or suspends or revokes a license or registration is effective 44
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from the date the Board certifies the order until the date the order is 1
modified or reversed by a final judgment of the court. 2
3. The district court shall give a petition for judicial review of 3
the order priority over other civil matters which are not expressly 4
given priority by law. 5
Sec. 44. NRS 641.314 is hereby amended to read as follows: 6
641.314 Notwithstanding the provisions of chapter 622A of 7
NRS: 8
1. Pending disciplinary proceedings before the Board, a panel 9
of its members or a hearing officer, the court may, upon application 10
by the Board or the Attorney General, issue a temporary restraining 11
order or a preliminary injunction to enjoin any unprofessional 12
conduct of a psychologist, behavioral health and wellness 13
practitioner, psychological assistant, psychological intern or 14
psychological trainee which is harmful to the public, to limit the 15
psychologist’s, behavioral health and wellness practitioner’s, 16
psychological assistant’s, psychological intern’s or psychological 17
trainee’s practice or to suspend the license to practice psychology or 18
behavioral health promotion and prevention or registration to 19
practice as a psychological assistant, psychological intern or 20
psychological trainee, without proof of actual damage sustained by 21
any person, this provision being a preventive as well as a punitive 22
measure. 23
2. The disciplinary proceedings before the Board, a panel of its 24
members or a hearing officer must be instituted and determined as 25
promptly as the requirements for investigation of the case 26
reasonably allow. 27
Sec. 45. NRS 641.316 is hereby amended to read as follows: 28
641.316 1. The Board through its President or Secretary-29
Treasurer or the Attorney General may maintain in any court of 30
competent jurisdiction a suit for an injunction against any person 31
practicing: 32
(a) Psychology without a license or authorization to practice 33
psychology in this State pursuant to the Psychology 34
Interjurisdictional Compact enacted in NRS 641.227; [or] 35
(b) Behavioral health promotion and prevention without a 36
license; or 37
(c) As a psychological assistant, psychological intern or 38
psychological trainee without a registration. 39
2. Such an injunction: 40
(a) May be issued without proof of actual damage sustained by 41
any person, this provision being a preventive as well as a punitive 42
measure. 43
(b) Does not relieve any person from criminal prosecution for 44
practicing without a license or registration. 45
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Sec. 46. NRS 641.318 is hereby amended to read as follows: 1
641.318 In addition to any other immunity provided by the 2
provisions of chapter 622A of NRS, the Board, a review panel of a 3
hospital, an association of psychologists or behavioral health and 4
wellness practitioners or any other person who or organization 5
which initiates a complaint or assists in any lawful investigation or 6
proceeding concerning the licensing of a psychologist or behavioral 7
health and wellness practitioner or the registering of a 8
psychological assistant, psychological intern or psychological 9
trainee or the discipline of a psychologist, behavioral health and 10
wellness practitioner, psychological assistant, psychological intern 11
or psychological trainee for gross malpractice, repeated malpractice, 12
professional incompetence or unprofessional conduct is immune 13
from any civil action for that initiation or assistance or any 14
consequential damages, if the person or organization acted without 15
malicious intent. 16
Sec. 47. NRS 641.320 is hereby amended to read as follows: 17
641.320 1. Any person: 18
(a) Whose practice of psychology or behavioral health 19
promotion and prevention or practice as a psychological assistant, 20
psychological intern or psychological trainee has been limited; 21
(b) Whose license or registration has been revoked; or 22
(c) Who has been placed on probation, 23
by an order of the Board, a panel of its members or a hearing 24
officer may apply to the Board after 1 year for removal of the 25
limitation or termination of the probation or may apply to the Board 26
pursuant to the provisions of chapter 622A of NRS for reinstatement 27
of the revoked license or registration. 28
2. In hearing the application, the Board: 29
(a) May require the person to submit to a mental or physical 30
examination conducted by psychologists or by physicians whom it 31
designates and submit such other evidence of changed conditions 32
and of fitness as it considers proper. 33
(b) Shall determine whether under all the circumstances the time 34
of the application is reasonable. 35
(c) May deny the application or modify or rescind its order as it 36
considers the evidence and the public safety warrants. 37
Sec. 48. NRS 641.390 is hereby amended to read as follows: 38
641.390 1. Except as authorized by the Psychology 39
Interjurisdictional Compact enacted in NRS 641.227, a person shall 40
not represent himself or herself as a psychologist within the 41
meaning of this chapter or engage in the practice of psychology 42
unless he or she is licensed as a psychologist under the provisions of 43
this chapter. 44
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2. Except as authorized by subsection 6, a person shall not 1
represent himself or herself as a behavioral health and wellness 2
practitioner within the meaning of this chapter or engage in the 3
practice of behavioral health promotion and prevention unless he 4
or she is licensed as a behavioral health and wellness practitioner 5
under the provisions of this chapter. 6
3. This chapter does not prevent the teaching of psychology or 7
behavioral health promotion and prevention or psychological 8
research at an accredited educational institution, unless the teaching 9
or research involves the delivery or supervision of direct 10
psychological services or behavioral health promotion and 11
prevention to a person. Persons who have earned a doctoral degree 12
in psychology from an accredited educational institution may use 13
the title “psychologist” in conjunction with the activities permitted 14
by this subsection. 15
[3.] 4. A graduate student in psychology whose activities are 16
part of the course of study for a graduate degree in psychology at an 17
accredited educational institution or a person pursuing postdoctoral 18
training or experience in psychology to fulfill the requirements for 19
licensure under the provisions of this chapter may use the terms 20
“psychological trainee,” “psychological intern” or “psychological 21
assistant” if the activities are performed under the supervision of a 22
licensed psychologist in accordance with the regulations adopted by 23
the Board. 24
[4.] 5. A person who is certified as a school psychologist by 25
the State Board of Education may use the title “school psychologist” 26
or “certified school psychologist” in connection with activities 27
relating to school psychologists. 28
6. A person who is performing services or participating in 29
activities as part of a supervised course of study in an accredited 30
or approved educational program while pursuing study leading to 31
a degree in or license to practice behavioral health promotion and 32
prevention may, in accordance with the regulations adopted by the 33
Board pursuant to section 13 of this act, engage in the supervised 34
practice of behavioral health promotion and prevention without a 35
license issued pursuant to this chapter if the person is designated 36
by a title which clearly indicates the status of the person as a 37
student or trainee. 38
Sec. 49. NRS 641.440 is hereby amended to read as follows: 39
641.440 Any person who: 40
1. Presents as his or her own the diploma, license, registration 41
or credentials of another; 42
2. Gives either false or forged evidence of any kind to the 43
Board or any member thereof, in connection with an application for 44
a license or registration; 45
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3. Practices psychology or behavioral health promotion and 1
prevention or practices as a psychological assistant, psychological 2
intern or psychological trainee under a false or assumed name or 3
falsely personates another psychologist, behavioral health and 4
wellness practitioner, psychological assistant, psychological intern 5
or psychological trainee of a like or different name; 6
4. Except as otherwise provided in NRS 641.0295, 641.390 7
and 641A.410, and section 12 of this act, represents himself or 8
herself as a psychologist, or uses any title or description which 9
incorporates the word “psychology,” “psychological,” 10
“psychologist,” “psychometry,” “psychometrics,” “psychometrist” 11
or any other term indicating or implying that he or she is a 12
psychologist, unless he or she has been issued a license; 13
5. Except as otherwise provided in section 12 of this act, 14
represents himself or herself as a behavioral health and wellness 15
practitioner or uses any title or description which incorporates the 16
words “behavioral health and wellness practitioner” or any other 17
term indicating or implying that he or she is a behavioral health 18
and wellness practitioner, unless he or she has been issued a 19
license; 20
6. Except as otherwise provided in NRS 641.390, represents 21
himself or herself as a psychological assistant, psychological intern 22
or psychological trainee, or uses any title or description which 23
incorporates the words “psychological assistant,” “psychological 24
intern” or “psychological trainee” or any other term indicating or 25
implying that he or she is a psychological assistant, psychological 26
intern or psychological trainee, unless he or she has been issued a 27
registration; 28
[6.] 7. Practices psychology unless he or she has been issued a 29
license; [or] 30
[7.] 8. Except as otherwise provided in NRS 641.390 and 31
section 12 of this act, practices behavioral health promotion and 32
prevention unless he or she has been issued a license; or 33
9. Practices as a psychological assistant, psychological intern 34
or psychological trainee unless he or she has been issued a 35
registration, 36
is guilty of a gross misdemeanor. 37
Sec. 50. NRS 641A.297 is hereby amended to read as follows: 38
641A.297 1. A program of education for mental health 39
professionals approved by the Board, a mental health professional or 40
a person receiving training for mental health professionals is not 41
required to retain a recording of the provision of mental health 42
services by a marriage and family therapist or clinical professional 43
counselor to a client that meets the requirements of subsection 2 if: 44
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(a) The recording is used for a training activity that is part of a 1
program of education for mental health professionals approved by 2
the Board; 3
(b) The client has provided informed consent in writing on a 4
form that meets the requirements prescribed by the Board pursuant 5
to subsection 3 to the use of the recording in the training activity; 6
(c) Destroying the recording does not result in noncompliance 7
with the obligations described in subsection 4; and 8
(d) The recording is destroyed after the expiration of the period 9
of time prescribed by the Board pursuant to paragraph (b) of 10
subsection 3. 11
2. A recording of the provision of mental health services by a 12
marriage and family therapist or clinical professional counselor to a 13
client used for the purpose described in paragraph (a) of 14
subsection 1: 15
(a) Must meet all requirements of the Health Insurance 16
Portability and Accountability Act of 1996, Public Law 104-191, 17
and any regulations adopted pursuant thereto, that are designed to 18
prevent the reproduction, copying or theft of the recording; and 19
(b) Must not contain any personally identifiable information 20
relating to the client unless the client has provided informed consent 21
in writing specifically authorizing the inclusion of that information 22
in the recording. 23
3. The Board shall adopt regulations: 24
(a) Prescribing requirements governing the provision of 25
informed written consent pursuant to paragraph (b) of subsection 1, 26
including, without limitation, requirements governing: 27
(1) The form on which such informed written consent must 28
be provided; and 29
(2) The length of time that a marriage and family therapist or 30
clinical professional counselor who obtains such informed written 31
consent must maintain the informed written consent; 32
(b) Prescribing the length of time that a program of education 33
for mental health professionals, a mental health professional or a 34
person receiving training for mental health professionals that uses a 35
recording of the provision of mental health services by a marriage 36
and family therapist or clinical professional counselor to a client for 37
the purposes described in paragraph (a) of subsection 1 may retain 38
the recording before destroying it; and 39
(c) Defining “training activity” for the purposes of this section. 40
4. The provisions of this section do not abrogate, alter or 41
otherwise affect the obligation of a marriage and family therapist or 42
clinical professional counselor to comply with the applicable 43
requirements of chapter 629 of NRS, including, without limitation, 44
the requirement to retain records concerning the mental health 45
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services that he or she provides to clients in accordance with NRS 1
629.051 to 629.069, inclusive. 2
5. Except where necessary for compliance with subsection 4, a 3
recording of the provision of mental health services by a marriage 4
and family therapist or clinical professional counselor to a client that 5
is used for a training activity by a program of education for mental 6
health professionals, a mental health professional or a person 7
receiving training for mental health professionals in accordance with 8
the provisions of this section is not a health care record for the 9
purposes of chapter 629 of NRS. 10
6. As used in this section, “mental health professional” means 11
a psychologist, a behavioral health and wellness practitioner, a 12
marriage and family therapist, a clinical professional counselor, a 13
social worker, a master social worker, an independent social worker, 14
a clinical social worker, a clinical alcohol and drug counselor, an 15
alcohol and drug counselor or a problem gambling counselor. 16
Sec. 51. NRS 641B.040 is hereby amended to read as follows: 17
641B.040 The provisions of this chapter do not apply to: 18
1. A physician who is licensed to practice in this State; 19
2. A nurse who is licensed to practice in this State; 20
3. A person who is licensed as a psychologist pursuant to 21
chapter 641 of NRS or authorized to practice psychology in this 22
State pursuant to the Psychology Interjurisdictional Compact 23
enacted in NRS 641.227; 24
4. A person who is licensed as a behavioral health and 25
wellness practitioner pursuant to chapter 641 of NRS; 26
5. A person who is licensed as a marriage and family therapist 27
or marriage and family therapist intern pursuant to chapter 641A of 28
NRS; 29
[5.] 6. A person who is licensed as a clinical professional 30
counselor or clinical professional counselor intern pursuant to 31
chapter 641A of NRS; 32
[6.] 7. A person who is licensed as an occupational therapist or 33
occupational therapy assistant pursuant to chapter 640A of NRS; 34
[7.] 8. A person who is licensed as a clinical alcohol and drug 35
counselor, licensed or certified as an alcohol and drug counselor or 36
certified as a clinical alcohol and drug counselor intern, an alcohol 37
and drug counselor intern, a problem gambling counselor or a 38
problem gambling counselor intern, pursuant to chapter 641C of 39
NRS; 40
[8.] 9. A person who provides or supervises the provision of 41
peer recovery support services in accordance with NRS 433.622 to 42
433.641, inclusive; 43
[9.] 10. Any member of the clergy; 44
[10.] 11. A county welfare director; 45
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[11.] 12. Any person who may engage in social work or 1
clinical social work in his or her regular governmental employment 2
but does not hold himself or herself out to the public as a social 3
worker; or 4
[12.] 13. A student of social work and any other person 5
preparing for the profession of social work under the supervision of 6
a qualified social worker in a training institution or facility 7
recognized by the Board, unless the student or other person has been 8
issued a provisional license pursuant to paragraph (b) of subsection 9
1 of NRS 641B.275. Such a student must be designated by the title 10
“student of social work” or “trainee in social work,” or any other 11
title which clearly indicates the student’s training status. 12
Sec. 52. NRS 641B.355 is hereby amended to read as follows: 13
641B.355 1. A program of education for mental health 14
professionals approved by the Board, a mental health professional or 15
a person receiving training for mental health professionals is not 16
required to retain a recording of the provision of mental health 17
services by a social worker, a master social worker, an independent 18
social worker or a clinical social worker to a client that meets the 19
requirements of subsection 2 if: 20
(a) The recording is used for a training activity that is part of a 21
program of education for mental health professionals approved by 22
the Board; 23
(b) The client has provided informed consent in writing on a 24
form that meets the requirements prescribed by the Board pursuant 25
to subsection 3 to the use of the recording in the training activity; 26
(c) Destroying the recording does not result in noncompliance 27
with the obligations described in subsection 4; and 28
(d) The recording is destroyed after the expiration of the period 29
of time prescribed by the Board pursuant to paragraph (b) of 30
subsection 3. 31
2. A recording of the provision of mental health services by a 32
social worker, a master social worker, an independent social worker 33
or a clinical social worker to a client used for the purpose described 34
in paragraph (a) of subsection 1: 35
(a) Must meet all requirements of the Health Insurance 36
Portability and Accountability Act of 1996, Public Law 104-191, 37
and any regulations adopted pursuant thereto, that are designed to 38
prevent the reproduction, copying or theft of the recording; and 39
(b) Must not contain any personally identifiable information 40
relating to the client unless the client has provided informed consent 41
in writing specifically authorizing the inclusion of that information 42
in the recording. 43
3. The Board shall adopt regulations: 44
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(a) Prescribing requirements governing the provision of 1
informed written consent pursuant to paragraph (b) of subsection 1, 2
including, without limitation, requirements governing: 3
(1) The form on which such informed written consent must 4
be provided; and 5
(2) The length of time that a social worker, a master social 6
worker, an independent social worker or a clinical social worker 7
who obtains such informed written consent must maintain the 8
informed written consent; 9
(b) Prescribing the length of time that a program of education 10
for mental health professionals, a mental health professional or a 11
person receiving training for mental health professionals that uses a 12
recording of the provision of mental health services by a social 13
worker, a master social worker, an independent social worker or a 14
clinical social worker to a client for the purposes described in 15
paragraph (a) of subsection 1 may retain the recording before 16
destroying it; and 17
(c) Defining “training activity” for the purposes of this section. 18
4. The provisions of this section do not abrogate, alter or 19
otherwise affect the obligation of a social worker, a master social 20
worker, an independent social worker or a clinical social worker to 21
comply with the applicable requirements of chapter 629 of NRS, 22
including, without limitation, the requirement to retain records 23
concerning the mental health services that he or she provides to 24
clients in accordance with NRS 629.051 to 629.069, inclusive. 25
5. Except where necessary for compliance with subsection 4, a 26
recording of the provision of mental health services by a social 27
worker, a master social worker, an independent social worker or a 28
clinical social worker to a client that is used for a training activity by 29
a program of education for mental health professionals, a mental 30
health professional or a person receiving training for mental health 31
professionals in accordance with the provisions of this section is not 32
a health care record for the purposes of chapter 629 of NRS. 33
6. As used in this section, “mental health professional” means 34
a psychologist, a behavioral health and wellness practitioner, a 35
marriage and family therapist, a clinical professional counselor, a 36
social worker, a master social worker, an independent social worker, 37
a clinical social worker, a clinical alcohol and drug counselor, an 38
alcohol and drug counselor or a problem gambling counselor. 39
Sec. 53. NRS 641C.130 is hereby amended to read as follows: 40
641C.130 The provisions of this chapter do not apply to: 41
1. A physician who is licensed pursuant to the provisions of 42
chapter 630 or 633 of NRS; 43
2. A nurse who is licensed pursuant to the provisions of chapter 44
632 of NRS and is authorized by the State Board of Nursing to 45
– 42 –
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engage in the practice of counseling persons with alcohol and other 1
substance use disorders or the practice of counseling persons with 2
an addictive disorder related to gambling; 3
3. A psychologist who is licensed pursuant to the provisions of 4
chapter 641 of NRS or authorized to practice psychology in this 5
State pursuant to the Psychology Interjurisdictional Compact 6
enacted in NRS 641.227; 7
4. A person who is licensed as a behavioral health and 8
wellness practitioner pursuant to chapter 641 of NRS; 9
5. A clinical professional counselor or clinical professional 10
counselor intern who is licensed pursuant to chapter 641A of NRS; 11
[5.] 6. A marriage and family therapist or marriage and family 12
therapist intern who is licensed pursuant to the provisions of chapter 13
641A of NRS and is authorized by the Board of Examiners for 14
Marriage and Family Therapists and Clinical Professional 15
Counselors to engage in the practice of counseling persons with 16
alcohol and other substance use disorders or the practice of 17
counseling persons with an addictive disorder related to gambling; 18
[6.] 7. A person who is: 19
(a) Licensed as: 20
(1) A clinical social worker pursuant to the provisions of 21
chapter 641B of NRS; or 22
(2) A master social worker or an independent social worker 23
pursuant to the provisions of chapter 641B of NRS and is engaging 24
in clinical social work as part of an internship program approved by 25
the Board of Examiners for Social Workers; and 26
(b) Authorized by the Board of Examiners for Social Workers to 27
engage in the practice of counseling persons with alcohol and other 28
substance use disorders or the practice of counseling persons with 29
an addictive disorder related to gambling; or 30
[7.] 8. A person who provides or supervises the provision of 31
peer recovery support services in accordance with NRS 433.622 to 32
433.641, inclusive. 33
Sec. 54. NRS 641C.610 is hereby amended to read as follows: 34
641C.610 1. A program of education for mental health 35
professionals approved by the Board, a mental health professional or 36
a person receiving training for mental health professionals is not 37
required to retain a recording of the provision of mental health 38
services by a clinical alcohol and drug counselor, an alcohol and 39
drug counselor or a problem gambling counselor to a client that 40
meets the requirements of subsection 2 if: 41
(a) The recording is used for a training activity that is part of a 42
program of education for mental health professionals approved by 43
the Board; 44
– 43 –
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(b) The client has provided informed consent in writing on a 1
form that meets the requirements prescribed by the Board pursuant 2
to subsection 3 to the use of the recording in the training activity; 3
(c) Destroying the recording does not result in noncompliance 4
with the obligations described in subsection 4; and 5
(d) The recording is destroyed after the expiration of the period 6
of time prescribed by the Board pursuant to paragraph (b) of 7
subsection 3. 8
2. A recording of the provision of mental health services by a 9
clinical alcohol and drug counselor, an alcohol and drug counselor 10
or a problem gambling counselor to a client used for the purpose 11
described in paragraph (a) of subsection 1: 12
(a) Must meet all requirements of the Health Insurance 13
Portability and Accountability Act of 1996, Public Law 104-191, 14
and any regulations adopted pursuant thereto, that are designed to 15
prevent the reproduction, copying or theft of the recording; and 16
(b) Must not contain any personally identifiable information 17
relating to the client unless the client has provided informed consent 18
in writing specifically authorizing the inclusion of that information 19
in the recording. 20
3. The Board shall adopt regulations: 21
(a) Prescribing requirements governing the provision of 22
informed written consent pursuant to paragraph (b) of subsection 1, 23
including, without limitation, requirements governing: 24
(1) The form on which such informed written consent must 25
be provided; and 26
(2) The length of time that a clinical alcohol and drug 27
counselor, alcohol and drug counselor or problem gambling 28
counselor who obtains such informed written consent must maintain 29
the informed written consent; 30
(b) Prescribing the length of time that a program of education 31
for mental health professionals, a mental health professional or a 32
person receiving training for mental health professionals that uses a 33
recording of the provision of mental health services by a clinical 34
alcohol and drug counselor, an alcohol and drug counselor or a 35
problem gambling counselor to a client for the purposes described in 36
paragraph (a) of subsection 1 may retain the recording before 37
destroying it; and 38
(c) Defining “training activity” for the purposes of this section. 39
4. The provisions of this section do not abrogate, alter or 40
otherwise affect the obligation of a clinical alcohol and drug 41
counselor, an alcohol and drug counselor or a problem gambling 42
counselor to comply with the applicable requirements of chapter 629 43
of NRS, including, without limitation, the requirement to retain 44
records concerning the mental health services that he or she 45
– 44 –
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provides to clients in accordance with NRS 629.051 to 629.069, 1
inclusive. 2
5. Except where necessary for compliance with subsection 4, a 3
recording of the provision of mental health services by a clinical 4
alcohol and drug counselor, an alcohol and drug counselor or a 5
problem gambling counselor to a client that is used for a training 6
activity by a program of education for mental health professionals, a 7
mental health professional or a person receiving training for mental 8
health professionals in accordance with the provisions of this section 9
is not a health care record for the purposes of chapter 629 of NRS. 10
6. As used in this section, “mental health professional” means a 11
psychologist, a behavioral health and wellness practitioner, a 12
marriage and family therapist, a clinical professional counselor, a 13
social worker, a master social worker, an independent social worker, 14
a clinical social worker, a clinical alcohol and drug counselor, an 15
alcohol and drug counselor or a problem gambling counselor. 16
Sec. 55. NRS 641D.110 is hereby amended to read as follows: 17
641D.110 The provisions of this chapter do not apply to: 18
1. A physician who is licensed to practice in this State; 19
2. A person who is licensed to practice dentistry in this State; 20
3. A person who is licensed as a psychologist or behavioral 21
health and wellness practitioner pursuant to chapter 641 of NRS; 22
4. A person who is licensed as a marriage and family therapist 23
or marriage and family therapist intern pursuant to chapter 641A of 24
NRS; 25
5. A person who is licensed as a clinical professional counselor 26
or clinical professional counselor intern pursuant to chapter 641A of 27
NRS; 28
6. A person who is licensed to engage in social work pursuant 29
to chapter 641B of NRS; 30
7. A person who is licensed as an occupational therapist or 31
occupational therapy assistant pursuant to chapter 640A of NRS; 32
8. A person who is licensed as a clinical alcohol and drug 33
counselor, licensed or certified as an alcohol and drug counselor or 34
certified as an alcohol and drug counselor intern, a clinical alcohol 35
and drug counselor intern, a problem gambling counselor or a 36
problem gambling counselor intern, pursuant to chapter 641C of 37
NRS; 38
9. Any member of the clergy; 39
10. A family member, guardian or caregiver of a recipient of 40
applied behavior analysis services who performs activities as 41
directed by a behavior analyst or assistant behavior analyst; or 42
11. An employee of a school district or charter school when 43
providing services to a pupil in a public school in a manner 44
consistent with the duties of his or her position, 45
– 45 –
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if such a person does not commit an act described in NRS 1
641D.910 or represent himself or herself as a behavior analyst, 2
assistant behavior analyst or registered behavior technician. 3
Sec. 56. NRS 7.095 is hereby amended to read as follows: 4
7.095 1. An attorney shall not contract for or collect a fee 5
contingent on the amount of recovery for representing a person 6
seeking damages in connection with an action for injury or death 7
against a provider of health care based upon professional negligence 8
in excess of 35 percent of the amount recovered. 9
2. The limitations set forth in subsection 1 apply to all forms of 10
recovery, including, without limitation, settlement, arbitration and 11
judgment. 12
3. For the purposes of this section, “recovered” means the net 13
sum recovered by the plaintiff after deducting any disbursements or 14
costs incurred in connection with the prosecution or settlement of 15
the claim. Costs of medical care incurred by the plaintiff and general 16
and administrative expenses incurred by the office of the attorney 17
are not deductible disbursements or costs. 18
4. As used in this section: 19
(a) “Professional negligence” means a negligent act or omission 20
to act by a provider of health care in the rendering of professional 21
services, which act or omission is the proximate cause of a personal 22
injury or wrongful death. The term does not include services that are 23
outside the scope of services for which the provider of health care is 24
licensed or services for which any restriction has been imposed by 25
the applicable regulatory board or health care facility. 26
(b) “Provider of health care” means a physician licensed under 27
chapter 630 or 633 of NRS, dentist, registered nurse, dispensing 28
optician, optometrist, registered physical therapist, podiatric 29
physician, licensed psychologist, behavioral health and wellness 30
practitioner, chiropractic physician, naprapath, doctor of Oriental 31
medicine, holder of a license or a limited license issued under the 32
provisions of chapter 653 of NRS, medical laboratory director or 33
technician, licensed dietitian or a licensed hospital and its 34
employees. 35
Sec. 57. NRS 41A.017 is hereby amended to read as follows: 36
41A.017 “Provider of health care” means a physician licensed 37
pursuant to chapter 630 or 633 of NRS, physician assistant, 38
anesthesiologist assistant, dentist, licensed nurse, dispensing 39
optician, optometrist, registered physical therapist, podiatric 40
physician, licensed psychologist, behavioral health and wellness 41
practitioner, chiropractic physician, naprapath, doctor of Oriental 42
medicine, holder of a license or a limited license issued under the 43
provisions of chapter 653 of NRS, medical laboratory director or 44
technician, licensed dietitian or a licensed hospital, clinic, surgery 45
– 46 –
- *SB165_R1*
center, physicians’ professional corporation or group practice that 1
employs any such person and its employees. 2
Sec. 58. NRS 42.021 is hereby amended to read as follows: 3
42.021 1. In an action for injury or death against a provider 4
of health care based upon professional negligence, if the defendant 5
so elects, the defendant may introduce evidence of any amount 6
payable as a benefit to the plaintiff as a result of the injury or death 7
pursuant to the United States Social Security Act, any state or 8
federal income disability or worker’s compensation act, any health, 9
sickness or income-disability insurance, accident insurance that 10
provides health benefits or income-disability coverage, and any 11
contract or agreement of any group, organization, partnership or 12
corporation to provide, pay for or reimburse the cost of medical, 13
hospital, dental or other health care services. If the defendant elects 14
to introduce such evidence, the plaintiff may introduce evidence of 15
any amount that the plaintiff has paid or contributed to secure the 16
plaintiff’s right to any insurance benefits concerning which the 17
defendant has introduced evidence. 18
2. A source of collateral benefits introduced pursuant to 19
subsection 1 may not: 20
(a) Recover any amount against the plaintiff; or 21
(b) Be subrogated to the rights of the plaintiff against a 22
defendant. 23
3. In an action for injury or death against a provider of health 24
care based upon professional negligence, a district court shall, at the 25
request of either party, enter a judgment ordering that money 26
damages or its equivalent for future damages of the judgment 27
creditor be paid in whole or in part by periodic payments rather than 28
by a lump-sum payment if the award equals or exceeds $50,000 in 29
future damages. 30
4. In entering a judgment ordering the payment of future 31
damages by periodic payments pursuant to subsection 3, the court 32
shall make a specific finding as to the dollar amount of periodic 33
payments that will compensate the judgment creditor for such future 34
damages. As a condition to authorizing periodic payments of future 35
damages, the court shall require a judgment debtor who is not 36
adequately insured to post security adequate to assure full payment 37
of such damages awarded by the judgment. Upon termination of 38
periodic payments of future damages, the court shall order the return 39
of this security, or so much as remains, to the judgment debtor. 40
5. A judgment ordering the payment of future damages by 41
periodic payments entered pursuant to subsection 3 must specify the 42
recipient or recipients of the payments, the dollar amount of the 43
payments, the interval between payments, and the number of 44
payments or the period of time over which payments will be made. 45
– 47 –
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Such payments must only be subject to modification in the event of 1
the death of the judgment creditor. Money damages awarded for loss 2
of future earnings must not be reduced or payments terminated by 3
reason of the death of the judgment creditor, but must be paid to 4
persons to whom the judgment creditor owed a duty of support, as 5
provided by law, immediately before the judgment creditor’s death. 6
In such cases, the court that rendered the original judgment may, 7
upon petition of any party in interest, modify the judgment to award 8
and apportion the unpaid future damages in accordance with this 9
subsection. 10
6. If the court finds that the judgment debtor has exhibited a 11
continuing pattern of failing to make the periodic payments as 12
specified pursuant to subsection 5, the court shall find the judgment 13
debtor in contempt of court and, in addition to the required periodic 14
payments, shall order the judgment debtor to pay the judgment 15
creditor all damages caused by the failure to make such periodic 16
payments, including, but not limited to, court costs and attorney’s 17
fees. 18
7. Following the occurrence or expiration of all obligations 19
specified in the periodic payment judgment, any obligation of the 20
judgment debtor to make further payments ceases and any security 21
given pursuant to subsection 4 reverts to the judgment debtor. 22
8. As used in this section: 23
(a) “Future damages” includes damages for future medical 24
treatment, care or custody, loss of future earnings, loss of bodily 25
function, or future pain and suffering of the judgment creditor. 26
(b) “Periodic payments” means the payment of money or 27
delivery of other property to the judgment creditor at regular 28
intervals. 29
(c) “Professional negligence” means a negligent act or omission 30
to act by a provider of health care in the rendering of professional 31
services, which act or omission is the proximate cause of a personal 32
injury or wrongful death. The term does not include services that are 33
outside the scope of services for which the provider of health care is 34
licensed or services for which any restriction has been imposed by 35
the applicable regulatory board or health care facility. 36
(d) “Provider of health care” means a physician licensed under 37
chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing 38
optician, optometrist, registered physical therapist, podiatric 39
physician, naprapath, licensed psychologist, behavioral health and 40
wellness practitioner, chiropractic physician, doctor of Oriental 41
medicine, holder of a license or a limited license issued under the 42
provisions of chapter 653 of NRS, medical laboratory director or 43
technician, licensed dietitian or a licensed hospital and its 44
employees. 45
– 48 –
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Sec. 59. Chapter 49 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Any privilege established by this chapter for 3
communications between a patient and the supervisor of a 4
behavioral health and wellness practitioner applies equally to 5
communications between the patient and the behavioral health 6
and wellness practitioner or any other person who is participating 7
in the behavioral health promotion and prevention services under 8
the direction of the behavioral health and wellness practitioner. 9
2. As used in this section: 10
(a) “Behavioral health and wellness practitioner” has the 11
meaning ascribed to it in section 10 of this act. 12
(b) “Behavioral health promotion and prevention” has the 13
meaning ascribed to it in section 11 of this act. 14
(c) “Patient” has the meaning ascribed to it in NRS 641.0245. 15
(d) “Supervisor” means a provider of health care who 16
supervises a behavioral health and wellness practitioner pursuant 17
to section 18 of this act. 18
Sec. 60. NRS 200.471 is hereby amended to read as follows: 19
200.471 1. As used in this section: 20
(a) “Assault” means: 21
(1) Unlawfully attempting to use physical force against 22
another person; or 23
(2) Intentionally placing another person in reasonable 24
apprehension of immediate bodily harm. 25
(b) “Fire-fighting agency” has the meaning ascribed to it in 26
NRS 239B.020. 27
(c) “Health care facility” means a facility licensed pursuant to 28
chapter 449 of NRS, an office of a person listed in NRS 629.031, a 29
clinic or any other location, other than a residence, where health 30
care is provided. 31
(d) “Officer” means: 32
(1) A person who possesses some or all of the powers of a 33
peace officer; 34
(2) A person employed in a full-time salaried occupation of 35
fire fighting for the benefit or safety of the public; 36
(3) A member of a volunteer fire department; 37
(4) A jailer, guard or other correctional officer of a city or 38
county jail; 39
(5) A prosecuting attorney of an agency or political 40
subdivision of the United States or of this State; 41
(6) A justice of the Supreme Court, judge of the Court of 42
Appeals, district judge, justice of the peace, municipal judge, 43
magistrate, court commissioner, master or referee, including a 44
person acting pro tempore in a capacity listed in this subparagraph; 45
– 49 –
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(7) An employee of this State or a political subdivision of 1
this State whose official duties require the employee to make home 2
visits; 3
(8) A civilian employee or a volunteer of a law enforcement 4
agency whose official duties require the employee or volunteer to: 5
(I) Interact with the public; 6
(II) Perform tasks related to law enforcement; and 7
(III) Wear identification, clothing or a uniform that 8
identifies the employee or volunteer as working or volunteering for 9
the law enforcement agency; 10
(9) A civilian employee or a volunteer of a fire-fighting 11
agency whose official duties require the employee or volunteer to: 12
(I) Interact with the public; 13
(II) Perform tasks related to fire fighting or fire 14
prevention; and 15
(III) Wear identification, clothing or a uniform that 16
identifies the employee or volunteer as working or volunteering for 17
the fire-fighting agency; or 18
(10) A civilian employee or volunteer of this State or a 19
political subdivision of this State whose official duties require the 20
employee or volunteer to: 21
(I) Interact with the public; 22
(II) Perform tasks related to code enforcement; and 23
(III) Wear identification, clothing or a uniform that 24
identifies the employee or volunteer as working or volunteering for 25
this State or a political subdivision of this State. 26
(e) “Provider of health care” means: 27
(1) A physician, a medical student, a perfusionist, an 28
anesthesiologist assistant or a physician assistant licensed pursuant 29
to chapter 630 of NRS, a practitioner of respiratory care, a 30
homeopathic physician, an advanced practitioner of homeopathy, a 31
homeopathic assistant, an osteopathic physician, a physician 32
assistant or anesthesiologist assistant licensed pursuant to chapter 33
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 34
therapist, a medical laboratory technician, an optometrist, a 35
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 36
of Oriental medicine, a nurse, a student nurse, a certified nursing 37
assistant, a nursing assistant trainee, a medication aide - certified, a 38
person who provides health care services in the home for 39
compensation, a dentist, a dental student, a dental hygienist, a dental 40
hygienist student, an expanded function dental assistant, an 41
expanded function dental assistant student, a pharmacist, a 42
pharmacy student, an intern pharmacist, an attendant on an 43
ambulance or air ambulance, a psychologist, a behavioral health 44
and wellness practitioner, a social worker, a marriage and family 45
– 50 –
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therapist, a marriage and family therapist intern, a clinical 1
professional counselor, a clinical professional counselor intern, a 2
behavior analyst, an assistant behavior analyst, a registered behavior 3
technician, a mental health technician, a licensed dietitian, the 4
holder of a license or a limited license issued under the provisions of 5
chapter 653 of NRS, a public safety officer at a health care facility, 6
an emergency medical technician, an advanced emergency medical 7
technician, a paramedic or a participant in a program of training to 8
provide emergency medical services; or 9
(2) An employee of or volunteer for a health care facility 10
who: 11
(I) Interacts with the public; 12
(II) Performs tasks related to providing health care; and 13
(III) Wears identification, clothing or a uniform that 14
identifies the person as an employee or volunteer of the health care 15
facility. 16
(f) “School employee” means a licensed or unlicensed person 17
employed by a board of trustees of a school district pursuant to NRS 18
391.100 or 391.281. 19
(g) “Sporting event” has the meaning ascribed to it in 20
NRS 41.630. 21
(h) “Sports official” has the meaning ascribed to it in 22
NRS 41.630. 23
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 24
(j) “Taxicab driver” means a person who operates a taxicab. 25
(k) “Transit operator” means a person who operates a bus or 26
other vehicle as part of a public mass transportation system. 27
(l) “Utility worker” means an employee of a public utility as 28
defined in NRS 704.020 whose official duties require the employee 29
to: 30
(1) Interact with the public; 31
(2) Perform tasks related to the operation of the public 32
utility; and 33
(3) Wear identification, clothing or a uniform that identifies 34
the employee as working for the public utility. 35
2. A person convicted of an assault shall be punished: 36
(a) If paragraph (c) or (d) does not apply to the circumstances of 37
the crime and the assault is not made with the use of a deadly 38
weapon or the present ability to use a deadly weapon, for a 39
misdemeanor. 40
(b) If the assault is made with the use of a deadly weapon or the 41
present ability to use a deadly weapon, for a category B felony by 42
imprisonment in the state prison for a minimum term of not less 43
than 1 year and a maximum term of not more than 6 years, or by a 44
fine of not more than $5,000, or by both fine and imprisonment. 45
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(c) If paragraph (d) does not apply to the circumstances of the 1
crime and if the assault: 2
(1) Is committed upon: 3
(I) An officer, a school employee, a taxicab driver, a 4
transit operator or a utility worker who is performing his or her 5
duty; 6
(II) A provider of health care while the provider of health 7
care is performing his or her duty or is on the premises where he or 8
she performs that duty; or 9
(III) A sports official based on the performance of his or 10
her duties at a sporting event; and 11
(2) The person charged knew or should have known that the 12
victim was an officer, a provider of health care, a school employee, 13
a taxicab driver, a transit operator, a utility worker or a sports 14
official, 15
for a gross misdemeanor, unless the assault is made with the use 16
of a deadly weapon or the present ability to use a deadly weapon, 17
then for a category B felony by imprisonment in the state prison for 18
a minimum term of not less than 1 year and a maximum term of not 19
more than 6 years, or by a fine of not more than $5,000, or by both 20
fine and imprisonment. 21
(d) If the assault: 22
(1) Is committed by a probationer, a prisoner who is in 23
lawful custody or confinement or a parolee upon: 24
(I) An officer, a school employee, a taxicab driver, a 25
transit operator or a utility worker who is performing his or her 26
duty; 27
(II) A provider of health care while the provider of health 28
care is performing his or her duty or is on the premises where he or 29
she performs that duty; or 30
(III) A sports official based on the performance of his or 31
her duties at a sporting event; and 32
(2) The probationer, prisoner or parolee charged knew or 33
should have known that the victim was an officer, a provider of 34
health care, a school employee, a taxicab driver, a transit operator, a 35
utility worker or a sports official, 36
for a category D felony as provided in NRS 193.130, unless the 37
assault is made with the use of a deadly weapon or the present 38
ability to use a deadly weapon, then for a category B felony by 39
imprisonment in the state prison for a minimum term of not less 40
than 1 year and a maximum term of not more than 6 years, or by a 41
fine of not more than $5,000, or by both fine and imprisonment. 42
Sec. 61. NRS 200.5093 is hereby amended to read as follows: 43
200.5093 1. Any person who is described in subsection 4 and 44
who, in a professional or occupational capacity, knows or has 45
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reasonable cause to believe that an older person or vulnerable 1
person has been abused, neglected, exploited, isolated or abandoned 2
shall: 3
(a) Except as otherwise provided in subsection 2, report the 4
abuse, neglect, exploitation, isolation or abandonment of the older 5
person or vulnerable person to: 6
(1) The local office of the Aging and Disability Services 7
Division of the Department of Health and Human Services; 8
(2) A police department or sheriff’s office; or 9
(3) A toll-free telephone service designated by the Aging and 10
Disability Services Division of the Department of Health and 11
Human Services; and 12
(b) Make such a report as soon as reasonably practicable but not 13
later than 24 hours after the person knows or has reasonable cause to 14
believe that the older person or vulnerable person has been abused, 15
neglected, exploited, isolated or abandoned. 16
2. If a person who is required to make a report pursuant to 17
subsection 1 knows or has reasonable cause to believe that the 18
abuse, neglect, exploitation, isolation or abandonment of the older 19
person or vulnerable person involves an act or omission of the 20
Aging and Disability Services Division, another division of the 21
Department of Health and Human Services or a law enforcement 22
agency, the person shall make the report to an agency other than the 23
one alleged to have committed the act or omission. 24
3. Each agency, after reducing a report to writing, shall forward 25
a copy of the report to the Aging and Disability Services Division of 26
the Department of Health and Human Services and the Unit for the 27
Investigation and Prosecution of Crimes. 28
4. A report must be made pursuant to subsection 1 by the 29
following persons: 30
(a) Every physician, dentist, dental hygienist, expanded function 31
dental assistant, chiropractic physician, naprapath, optometrist, 32
podiatric physician, medical examiner, resident, intern, professional 33
or practical nurse, physician assistant licensed pursuant to chapter 34
630 or 633 of NRS, anesthesiologist assistant, perfusionist, 35
psychiatrist, psychologist, behavioral health and wellness 36
practitioner, marriage and family therapist, clinical professional 37
counselor, clinical alcohol and drug counselor, alcohol and drug 38
counselor, music therapist, athletic trainer, driver of an ambulance, 39
paramedic, licensed dietitian, holder of a license or a limited license 40
issued under the provisions of chapter 653 of NRS, behavior 41
analyst, assistant behavior analyst, registered behavior technician, 42
peer recovery support specialist, as defined in NRS 433.627, peer 43
recovery support specialist supervisor, as defined in NRS 433.629, 44
or other person providing medical services licensed or certified to 45
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practice in this State, who examines, attends or treats an older 1
person or vulnerable person who appears to have been abused, 2
neglected, exploited, isolated or abandoned. 3
(b) Any personnel of a hospital or similar institution engaged in 4
the admission, examination, care or treatment of persons or an 5
administrator, manager or other person in charge of a hospital or 6
similar institution upon notification of the suspected abuse, neglect, 7
exploitation, isolation or abandonment of an older person or 8
vulnerable person by a member of the staff of the hospital. 9
(c) A coroner. 10
(d) Every person who maintains or is employed by an agency to 11
provide personal care services in the home. 12
(e) Every person who maintains or is employed by an agency to 13
provide nursing in the home. 14
(f) Every person who operates, who is employed by or who 15
contracts to provide services for an intermediary service 16
organization as defined in NRS 449.4304. 17
(g) Any employee of the Department of Health and Human 18
Services, except the State Long-Term Care Ombudsman appointed 19
pursuant to NRS 427A.125 and any of his or her advocates or 20
volunteers where prohibited from making such a report pursuant to 21
45 C.F.R. § 1321.11. 22
(h) Any employee of a law enforcement agency or a county’s 23
office for protective services or an adult or juvenile probation 24
officer. 25
(i) Any person who maintains or is employed by a facility or 26
establishment that provides care for older persons or vulnerable 27
persons. 28
(j) Any person who maintains, is employed by or serves as a 29
volunteer for an agency or service which advises persons regarding 30
the abuse, neglect, exploitation, isolation or abandonment of an 31
older person or vulnerable person and refers them to persons and 32
agencies where their requests and needs can be met. 33
(k) Every social worker. 34
(l) Any person who owns or is employed by a funeral home or 35
mortuary. 36
(m) Every person who operates or is employed by a community 37
health worker pool, as defined in NRS 449.0028, or with whom a 38
community health worker pool contracts to provide the services of a 39
community health worker, as defined in NRS 449.0027. 40
(n) Every person who is enrolled with the Division of Health 41
Care Financing and Policy of the Department of Health and Human 42
Services to provide doula services to recipients of Medicaid 43
pursuant to NRS 422.27177. 44
5. A report may be made by any other person. 45
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6. If a person who is required to make a report pursuant to 1
subsection 1 knows or has reasonable cause to believe that an older 2
person or vulnerable person has died as a result of abuse, neglect, 3
isolation or abandonment, the person shall, as soon as reasonably 4
practicable, report this belief to the appropriate medical examiner or 5
coroner, who shall investigate the cause of death of the older person 6
or vulnerable person and submit to the appropriate local law 7
enforcement agencies, the appropriate prosecuting attorney, the 8
Aging and Disability Services Division of the Department of Health 9
and Human Services and the Unit for the Investigation and 10
Prosecution of Crimes his or her written findings. The written 11
findings must include the information required pursuant to the 12
provisions of NRS 200.5094, when possible. 13
7. A division, office or department which receives a report 14
pursuant to this section shall cause the investigation of the report to 15
commence within 3 working days. A copy of the final report of the 16
investigation conducted by a division, office or department, other 17
than the Aging and Disability Services Division of the Department 18
of Health and Human Services, must be forwarded within 30 days 19
after the completion of the report to the: 20
(a) Aging and Disability Services Division; 21
(b) Repository for Information Concerning Crimes Against 22
Older Persons or Vulnerable Persons created by NRS 179A.450; 23
and 24
(c) Unit for the Investigation and Prosecution of Crimes. 25
8. If the investigation of a report results in the belief that an 26
older person or vulnerable person is abused, neglected, exploited, 27
isolated or abandoned, the Aging and Disability Services Division 28
of the Department of Health and Human Services or the county’s 29
office for protective services may provide protective services to the 30
older person or vulnerable person if the older person or vulnerable 31
person is able and willing to accept them. 32
9. A person who knowingly and willfully violates any of the 33
provisions of this section is guilty of a misdemeanor. 34
10. As used in this section, “Unit for the Investigation and 35
Prosecution of Crimes” means the Unit for the Investigation and 36
Prosecution of Crimes Against Older Persons or Vulnerable Persons 37
in the Office of the Attorney General created pursuant to 38
NRS 228.265. 39
Sec. 62. NRS 226.454 is hereby amended to read as follows: 40
226.454 “Provider of health care” means: 41
1. A physician; 42
2. A physician assistant licensed pursuant to chapter 630 or 43
633 of NRS; 44
3. A dentist; 45
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4. A licensed nurse; 1
5. A person who holds a license as an attendant or is certified 2
as an emergency medical technician, advanced emergency medical 3
technician or paramedic pursuant to chapter 450B of NRS; 4
6. An optometrist; 5
7. An audiologist; 6
8. A practitioner of respiratory care; 7
9. A podiatric physician; 8
10. A psychologist; 9
11. A clinical professional counselor; 10
12. A perfusionist; 11
13. A pharmacist or pharmacy technician; 12
14. An associate in social work, a social worker, a master 13
social worker, an independent social worker or a clinical social 14
worker licensed pursuant to chapter 641B of NRS; 15
15. A midwife; [or] 16
16. A provider of doula services who is enrolled with the 17
Division of Health Care Financing and Policy of the Department of 18
Health and Human Services to receive reimbursement through 19
Medicaid pursuant to NRS 422.27177 [.] ; or 20
17. A behavioral health and wellness practitioner. 21
Sec. 63. NRS 232.320 is hereby amended to read as follows: 22
232.320 1. The Director: 23
(a) Shall appoint, with the consent of the Governor, 24
administrators of the divisions of the Department, who are 25
respectively designated as follows: 26
(1) The Administrator of the Aging and Disability Services 27
Division; 28
(2) The Administrator of the Division of Welfare and 29
Supportive Services; 30
(3) The Administrator of the Division of Child and Family 31
Services; 32
(4) The Administrator of the Division of Health Care 33
Financing and Policy; and 34
(5) The Administrator of the Division of Public and 35
Behavioral Health. 36
(b) Shall administer, through the divisions of the Department, 37
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 38
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 39
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 40
section 66 of this act, 422.580, 432.010 to 432.133, inclusive, 41
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 42
and 445A.010 to 445A.055, inclusive, and all other provisions of 43
law relating to the functions of the divisions of the Department, but 44
is not responsible for the clinical activities of the Division of Public 45
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and Behavioral Health or the professional line activities of the other 1
divisions. 2
(c) Shall administer any state program for persons with 3
developmental disabilities established pursuant to the 4
Developmental Disabilities Assistance and Bill of Rights Act of 5
2000, 42 U.S.C. §§ 15001 et seq. 6
(d) Shall, after considering advice from agencies of local 7
governments and nonprofit organizations which provide social 8
services, adopt a master plan for the provision of human services in 9
this State. The Director shall revise the plan biennially and deliver a 10
copy of the plan to the Governor and the Legislature at the 11
beginning of each regular session. The plan must: 12
(1) Identify and assess the plans and programs of the 13
Department for the provision of human services, and any 14
duplication of those services by federal, state and local agencies; 15
(2) Set forth priorities for the provision of those services; 16
(3) Provide for communication and the coordination of those 17
services among nonprofit organizations, agencies of local 18
government, the State and the Federal Government; 19
(4) Identify the sources of funding for services provided by 20
the Department and the allocation of that funding; 21
(5) Set forth sufficient information to assist the Department 22
in providing those services and in the planning and budgeting for the 23
future provision of those services; and 24
(6) Contain any other information necessary for the 25
Department to communicate effectively with the Federal 26
Government concerning demographic trends, formulas for the 27
distribution of federal money and any need for the modification of 28
programs administered by the Department. 29
(e) May, by regulation, require nonprofit organizations and state 30
and local governmental agencies to provide information regarding 31
the programs of those organizations and agencies, excluding 32
detailed information relating to their budgets and payrolls, which the 33
Director deems necessary for the performance of the duties imposed 34
upon him or her pursuant to this section. 35
(f) Has such other powers and duties as are provided by law. 36
2. Notwithstanding any other provision of law, the Director, or 37
the Director’s designee, is responsible for appointing and removing 38
subordinate officers and employees of the Department. 39
Sec. 64. (Deleted by amendment.) 40
Sec. 65. (Deleted by amendment.) 41
Sec. 66. Chapter 422 of NRS is hereby amended by adding 42
thereto a new section to read as follows: 43
1. To the extent that federal financial participation is 44
available, the Director shall include under Medicaid coverage for 45
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behavioral health promotion and prevention provided by a 1
behavioral health and wellness practitioner. 2
2. The Department shall: 3
(a) Apply to the Secretary of Health and Human Services for 4
any waiver of federal law or apply for any amendment to the State 5
Plan for Medicaid that is necessary for the Department to receive 6
federal funding to provide the coverage described in subsection 1. 7
(b) Fully cooperate in good faith with the Federal Government 8
during the application process to satisfy the requirements of the 9
Federal Government for obtaining a waiver or amendment 10
pursuant to paragraph (a). 11
3. As used in this section: 12
(a) “Behavioral health and wellness practitioner” has the 13
meaning ascribed to it in section 10 of this act. 14
(b) “Behavioral health promotion and prevention” has the 15
meaning ascribed to it in section 11 of this act. 16
Sec. 67. (Deleted by amendment.) 17
Sec. 68. (Deleted by amendment.) 18
Sec. 69. (Deleted by amendment.) 19
Sec. 70. (Deleted by amendment.) 20
Sec. 71. (Deleted by amendment.) 21
Sec. 72. (Deleted by amendment.) 22
Sec. 73. (Deleted by amendment.) 23
Sec. 74. (Deleted by amendment.) 24
Sec. 75. (Deleted by amendment.) 25
Sec. 76. (Deleted by amendment.) 26
Sec. 77. (Deleted by amendment.) 27
Sec. 78. (Deleted by amendment.) 28
Sec. 79. (Deleted by amendment.) 29
Sec. 80. 1. There is hereby appropriated from the State 30
General Fund to: 31
(a) The University of Nevada, Reno, the sum of $574,980 to a 32
program that awards a bachelor’s degree for persons wishing to 33
become behavioral health and wellness practitioners and award 34
scholarships to students who enroll in that program. 35
(b) The University of Nevada, Reno, the sum of $500,000 to 36
establish a program that awards a micro-credential in behavioral 37
health promotion and prevention and award scholarships to students 38
who enroll in that program. 39
(c) The University of Nevada, Las Vegas, the sum of $574,980 40
to a program that awards a bachelor’s degree for persons wishing to 41
become behavioral health and wellness practitioners and award 42
scholarships to students who enroll in that program. 43
(d) The University of Nevada, Las Vegas, the sum of $500,000 44
to establish a program that awards a micro-credential in behavioral 45
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health promotion and prevention and award scholarships to students 1
who enroll in that program. 2
(e) Great Basin College the sum of $574,980 to a program that 3
awards a bachelor’s degree for persons wishing to become 4
behavioral health and wellness practitioners and award scholarships 5
to students who enroll in that program. 6
(f) Great Basin College the sum of $500,000 to establish a 7
program that awards a micro-credential in behavioral health 8
promotion and prevention and award scholarships to students who 9
enroll in that program. 10
(g) The Partnership for Research, Assessment, Counseling, 11
Therapy and Innovative Clinical Education at the University of 12
Nevada, Las Vegas, the sum of $1,200,000 to establish an internship 13
program for psychologists that: 14
(1) Is accredited by the American Psychological Association; 15
and 16
(2) Has an emphasis in child psychology; and 17
(h) The Nevada System of Higher Education the sum of 18
$2,000,000 for scholarships for students enrolled in programs for the 19
education and training of providers of health care who are 20
authorized to supervise behavioral health and wellness practitioners 21
pursuant to section 18 of this act. 22
2. Any remaining balance of the appropriations made by 23
subsection 1 must not be committed for expenditure after June 30, 24
2028, by the entity to which the appropriation is made or any entity 25
to which money from the appropriation is granted or otherwise 26
transferred in any manner, and any portion of the appropriated 27
money remaining must not be spent for any purpose after 28
September 15, 2028, by either the entity to which the money was 29
appropriated or the entity to which the money was subsequently 30
granted or transferred, and must be reverted to the State General 31
Fund on or before September 15, 2028. 32
3. As used in this section: 33
(a) “Behavioral health and wellness practitioner” has the 34
meaning ascribed to it in section 10 of this act. 35
(b) “Behavioral health promotion and prevention” has the 36
meaning ascribed to it in section 11 of this act. 37
Sec. 81. 1. Notwithstanding the amendatory provisions of 38
this act, any person who is engaged in the practice of behavioral 39
health promotion and prevention on or before January 1, 2026, may 40
continue to engage in the practice of behavioral health promotion 41
and prevention without obtaining a license pursuant to section 15 of 42
this act until July 1, 2026. 43
2. As used in this section, “behavioral health promotion and 44
prevention” has the meaning ascribed to it in section 11 of this act. 45
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Sec. 82. (Deleted by amendment.) 1
Sec. 83. 1. This section and section 82 of this act become 2
effective upon passage and approval. 3
2. Section 80 of this act becomes effective on July 1, 2025. 4
3. Sections 1 to 37, inclusive, 38 to 63, inclusive, 66, 74 to 77, 5
inclusive, and 81 of this act become effective: 6
(a) Upon passage and approval for the purpose of adopting any 7
regulations and performing any other preparatory administrative 8
tasks that are necessary to carry out the provisions of this act; and 9
(b) On January 1, 2026, for all other purposes. 10
4. Sections 64, 65, 67 to 73, inclusive, 78 and 79 of this act 11
become effective on July 1, 2026. 12
5. Section 37.5 of this act becomes effective on January 1, 13
2029. 14
6. Section 14 of this act expires by limitation on December 31, 15
2028. 16
H