Senate Bill No. 24–Senator Mathews

Prefiled January 21, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning psychology. (BDR 54-253)

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 psychology; specifying that the practice of psychology includes the diagnosis and treatment of alcoholism and substance abuse; reducing the number of members of the board of psychological examiners required for a quorum; revising provisions governing the written examination required for licensure as a psychologist; revising the grounds for disciplinary action against a psychologist; 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. NRS 641.025 is hereby amended to read as follows:

1-2 641.025 "Practice of psychology" means the observation, description,

1-3 evaluation, interpretation or modification of human behavior by the

1-4 application of psychological principles, methods or procedures to prevent or

1-5 eliminate problematic, unhealthy or undesired behavior and to enhance

1-6 personal relationships and behavioral and mental health. The term includes,

1-7 without limitation, such specialized areas of competence as:

1-8 1. Psychological testing and the evaluation of personal characteristics,

1-9 including, without limitation, intelligence, personality, abilities, interests,

1-10 aptitudes and neuropsychological functioning;

1-11 2. Counseling;

1-12 3. Psychoanalysis;

1-13 4. Psychotherapy;

1-14 5. Hypnosis;

1-15 6. Biofeedback;

1-16 7. Analysis and therapy relating to behavior;

2-1 8. Diagnosis and treatment of mental or emotional disorders,

2-2 alcoholism and substance abuse, including, without limitation, disorders of

2-3 habit or conduct;

2-4 9. Psychological aspects of physical injury, illness, accident or

2-5 disability; and

2-6 10. Evaluation, therapy, remediation and consultation relating to the

2-7 academic performance of the patient.

2-8 Sec. 2. NRS 641.070 is hereby amended to read as follows:

2-9 641.070 The board shall hold a regular meeting at least once a year.

2-10 The board shall hold a special meeting upon a call of the president or upon

2-11 [a request by] the request of a majority of the members. [Four members] A

2-12 majority of the board [shall constitute] constitutes a quorum.

2-13 Sec. 3. NRS 641.180 is hereby amended to read as follows:

2-14 641.180 1. [The board shall administer to each] Except as otherwise

2-15 provided in this section and NRS 641.190, each applicant for a license [a

2-16 written examination on his knowledge of psychology. The examination

2-17 administered must be] must pass the Examination for the Professional

2-18 Practice of Psychology in the form [most recently provided by the

2-19 Professional Examination Service before January 1, 1987.] administered by

2-20 the Association of State and Provincial Psychology Boards and approved

2-21 for use in this state by the board. In addition [,] to this written

2-22 examination, the board may require an oral examination in whatever

2-23 applied or theoretical fields it deems appropriate.

2-24 2. The examination must be given at least once a year, and may be

2-25 given more often if deemed necessary by the board. The examination must

2-26 be given at a time and place, and under such supervision, as the board may

2-27 determine. [A grade of 70 percent is a passing grade.]

2-28 3. The board shall notify each applicant of the results of his written

2-29 examination and supply him with a copy of all material information about

2-30 those results provided to the board by the [Professional Examination

2-31 Service.] Association of State and Provincial Psychology Boards.

2-32 4. If an applicant fails the examination, he may request in writing that

2-33 the board review his examination.

2-34 5. The board may waive the requirement of a written examination for a

2-35 person who:

2-36 (a) Is licensed in another state;

2-37 (b) Has 10 years experience; and

2-38 (c) Is a diplomate in the American Board of Professional Psychology [,]

2-39 or a fellow in the American Psychological Association , or who has other

2-40 equivalent status as determined by the board.

2-41 Sec. 4. NRS 641.230 is hereby amended to read as follows:

2-42 641.230 The board may suspend the license of a psychologist, place a

2-43 psychologist on probation, revoke the license of a psychologist, require

3-1 remediation for a psychologist or take any other action specified by

3-2 regulation if the board finds by a preponderance of the evidence that the

3-3 psychologist has:

3-4 1. Been convicted of a felony.

3-5 2. Been convicted of any crime or offense that reflects the inability of

3-6 the psychologist to practice psychology with due regard for the health and

3-7 safety of others.

3-8 3. Been convicted of violating any of the provisions of NRS 616D.200,

3-9 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

3-10 4. Engaged in gross malpractice or repeated malpractice or gross

3-11 negligence in the practice of psychology.

3-12 5. Aided or abetted the practice of psychology by a person not licensed

3-13 by the board.

3-14 6. Made any fraudulent or untrue statement to the board.

3-15 7. Violated a regulation adopted by the board.

3-16 8. Had his license to practice psychology suspended or revoked or has

3-17 had any other disciplinary action taken against him by another state [.] or

3-18 territory of the United States, the District of Columbia or a foreign

3-19 country, if at least one of the grounds for discipline is the same or

3-20 substantially equivalent to any ground contained in this chapter.

3-21 9. Failed to report to the board within 30 days the revocation,

3-22 suspension or surrender of , or any other disciplinary action taken against,

3-23 a license or certificate to practice psychology issued to him by another state

3-24 [.] or territory of the United States, the District of Columbia or a foreign

3-25 country.

3-26 10. Violated or attempted to violate, directly or indirectly, or assisted in

3-27 or abetted the violation of or conspired to violate a provision of this chapter.

3-28 11. Performed or attempted to perform any professional service while

3-29 impaired by alcohol, drugs or by a mental or physical illness, disorder or

3-30 disease.

3-31 12. Engaged in sexual activity with a patient.

3-32 13. Been convicted of abuse or fraud in connection with any state or

3-33 federal program which provides medical assistance.

3-34 14. Been convicted of submitting a false claim for payment to the

3-35 insurer of a patient.

3-36 Sec. 5. This act becomes effective upon passage and approval.

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