Senate Bill No. 218–Senator Schneider (by request)

February 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions relating to marriage and family therapists. (BDR 54-1178)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professions; revising the definition of "practice of marriage and family therapy"; authorizing the board of examiners for marriage and family therapists to issue subpoenas for the attendance of witnesses and the production of books and papers; increasing the fee for the examination of an applicant for a license as a marriage and family therapist; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 641A of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The board or any member thereof may issue subpoenas for the

1-4 attendance of witnesses and the production of books and papers.

1-5 2. The district court, in and for the county in which any hearing is

1-6 held, may compel the attendance of witnesses, the giving of testimony

1-7 and the production of books and papers as required by any subpoena

1-8 issued by the board.

1-9 3. If any witness refuses to attend or testify or produce any books or

1-10 papers required by a subpoena, the board may file a petition ex parte

1-11 with the district court, setting forth that:

1-12 (a) Notice has been given of the time and place for the attendance of

1-13 the witness or the production of the books or papers;

2-1 (b) The witness has been subpoenaed by the board pursuant to this

2-2 section;

2-3 (c) The witness has failed or refused to attend or produce the books or

2-4 papers required by the subpoena before the board in the cause or

2-5 proceeding named in the subpoena, or has refused to answer questions

2-6 propounded to him in the course of the hearing; and

2-7 (d) The board therefore requests an order of the court compelling the

2-8 witness to attend and testify or produce the books or papers before the

2-9 board.

2-10 4. The court, upon such a petition, shall enter an order directing the

2-11 witness to appear before the court at a time and place fixed by the court

2-12 in the order, and then and there to show cause why he has not attended

2-13 or testified or produced the books or papers before the board. The time

2-14 may not be more than 10 days after the date of the order. A certified copy

2-15 of the order must be served upon the witness.

2-16 5. If the court determines that the subpoena was regularly issued by

2-17 the board, the court shall thereupon enter an order that the witness

2-18 appear before the board at the time and place fixed in the order, and

2-19 testify or produce the required books or papers. Failure to obey the order

2-20 is a contempt of the court that issued the order.

2-21 Sec. 2. NRS 641A.080 is hereby amended to read as follows:

2-22 641A.080 "Practice of marriage and family therapy" means the

2-23 application of established principles of learning, motivation, perception,

2-24 thinking, emotional, marital and sexual relationships and adjustments by

2-25 persons trained in psychology, social work, psychiatry or marriage and

2-26 family therapy. The application of [such] these principles includes:

2-27 1. [Therapy and] Diagnosis, therapy, counseling and the use of

2-28 psychotherapeutic measures with persons or groups with adjustment

2-29 problems in the areas of marriage, family or personal relationships.

2-30 2. [Doing research on] Conducting research concerning problems

2-31 related to marital relationships and human behavior.

2-32 3. Consultation with [others doing] other persons who are engaged in

2-33 the practice of marriage and family therapy if the consultation is

2-34 determined by the board to include the application of any of these

2-35 principles.

2-36 Sec. 3. NRS 641A.290 is hereby amended to read as follows:

2-37 641A.290 The board shall charge and collect not more than the

2-38 following fees, respectively:

2-39 For application for a license $75

2-40 For examination of an applicant for a license [200] 250

2-41 For issuance of a license 50

2-42 For annual renewal of a license 150

3-1 For reinstatement of a license revoked for

3-2 nonpayment of the fee for renewal $100

3-3 For an inactive license 150

3-4 Sec. 4. NRS 641A.320 is hereby amended to read as follows:

3-5 641A.320 The board may discipline the holder of any license whose

3-6 default has been entered or who has been heard by the board and found

3-7 guilty, by any of the following methods:

3-8 1. Placing him upon probation for a period to be determined by the

3-9 board.

3-10 2. Suspending his license for not more than 1 year.

3-11 3. Revoking his license.

3-12 4. Administering a private or public reprimand.

3-13 5. Limiting his practice.

3-14 6. Imposing an administrative fine of not more than $5,000.

3-15 7. Requiring him to complete successfully another examination.

3-16 8. Requiring him to pay the costs incurred by the board to conduct

3-17 the hearing.

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