requires two-thirds majority vote (§§ 4, 10)                                                                                                          

                                                                                                  

 

Senate Bill No. 248–Committee on Commerce and Labor

 

March 7, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to alcohol and drug abuse counselors. (BDR 54‑327)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to professions; authorizing the Board of Examiners for Alcohol and Drug Abuse Counselors to adopt regulations for the issuance of certain certificates as counselors, interns or specialists; authorizing the Board to make certain determinations based on information included in a report of criminal history under certain circumstances; requiring the Board to charge and collect a fee for approving a course of continuing education; expanding the circumstances under which the Board may bring an action to enjoin certain violations; providing a penalty; 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 641.029 is hereby amended to read as follows:

1-2  641.029  The provisions of this chapter do not apply to:

1-3  1.  A physician who is licensed to practice in this state;

1-4  2.  A person who is licensed to practice dentistry in this state;

1-5  3.  A person who is licensed as a marriage and family therapist

1-6  pursuant to chapter 641A of NRS;

1-7  4.  A person who is licensed to engage in social work pursuant

1-8  to chapter 641B of NRS;

2-1  5.  A person who is licensed as an occupational therapist or

2-2  occupational therapy assistant pursuant to chapter 640A of NRS ;

2-3  [640A.010 to 640A.230, inclusive;]

2-4  6.  A person who [is] :

2-5  (a) Is licensed or certified as an alcohol and drug abuse

2-6  counselor or certified as an alcohol and drug abuse counselor or

2-7  certified as an alcohol and drug abuse counselor intern pursuant to

2-8  chapter 641C of NRS; or

2-9  (b) Is certified as an alcohol and drug abuse counselor,

2-10  alcohol and drug abuse counselor intern or specialist in the

2-11  prevention of substance abuse in accordance with a regulation

2-12  adopted pursuant to section 4 of this act; or

2-13      7.  Any clergyman,

2-14  if such a person does not commit an act described in NRS 641.440

2-15  or represent himself as a psychologist.

2-16      Sec. 2.  NRS 641B.040 is hereby amended to read as follows:

2-17      641B.040  The provisions of this chapter do not apply to:

2-18      1.  A physician who is licensed to practice in this state;

2-19      2.  A nurse who is licensed to practice in this state;

2-20      3.  A person who is licensed as a psychologist pursuant to

2-21  chapter 641 of NRS;

2-22      4.  A person who is licensed as a marriage and family therapist

2-23  pursuant to chapter 641A of NRS;

2-24      5.  A person who is licensed as an occupational therapist or

2-25  occupational therapy assistant pursuant to chapter 640A of NRS ;

2-26  [640A.010 to 640A.230, inclusive;]

2-27      6.  A person who [is] :

2-28      (a) Is licensed or certified as an alcohol and drug abuse

2-29  counselor or certified as an alcohol and drug abuse counselor intern

2-30  pursuant to chapter 641C of NRS; or

2-31      (b) Is certified as an alcohol and drug abuse counselor,

2-32  alcohol and drug abuse counselor intern or specialist in the

2-33  prevention of substance abuse in accordance with a regulation

2-34  adopted pursuant to section 4 of this act;

2-35      7.  Any clergyman;

2-36      8.  A county welfare director;

2-37      9.  Any person who may engage in social work or clinical social

2-38  work in his regular governmental employment but does not hold

2-39  himself out to the public as a social worker; or

2-40      10.  A student of social work and any other person preparing for

2-41  the profession of social work under the supervision of a qualified

2-42  social worker in a training institution or facility recognized by the

2-43  Board, unless the student or other person has been issued a

2-44  provisional license pursuant to paragraph (b) of subsection 1 of NRS

2-45  641B.275. Such a student must be designated by the title “student of

3-1  social work” or “trainee in social work,” or any other title which

3-2  clearly indicates his training status.

3-3  Sec. 3.  Chapter 641C of NRS is hereby amended by adding

3-4  thereto the provisions set forth as sections 4 and 5 of this act.

3-5  Sec. 4.  1.  The Board may, by regulation, provide for the

3-6  certification of a person as:

3-7  (a) An alcohol and drug abuse counselor or alcohol and drug

3-8  abuse counselor intern if the person has not received a bachelor’s

3-9  degree, master’s degree or doctoral degree from an accredited

3-10  college or university in a field of social science approved by the

3-11  Board pursuant to NRS 641C.350 or 641C.390; or

3-12      (b) A specialist in the prevention of substance abuse.

3-13      2.  Except as otherwise provided in subsection 5, any

3-14  regulation adopted pursuant to subsection 1 must include, without

3-15  limitation, provisions relating to:

3-16      (a) The requirements for submitting an application for a

3-17  certificate, including, without limitation, the submission of

3-18  a complete set of fingerprints pursuant to NRS 641C.260;

3-19      (b) The scope of practice for a person who is issued a

3-20  certificate;

3-21      (c) The conduct of any investigation or hearing relating to an

3-22  application for a certificate;

3-23      (d) The examination of an applicant for a certificate or a

3-24  waiver of examination for an applicant;

3-25      (e) The requirements for issuing a certificate or provisional

3-26  certificate;

3-27      (f) The duration, expiration, renewal, restoration, suspension,

3-28  revocation and reinstatement of a certificate;

3-29      (g) The grounds for refusing the issuance, renewal, restoration

3-30  or reinstatement of a certificate;

3-31      (h) The conduct of any disciplinary or other administrative

3-32  proceeding relating to a person who is issued a certificate;

3-33      (i) The filing of a complaint against a person who is issued a

3-34  certificate;

3-35      (j) The issuance of a subpoena for the attendance of witnesses

3-36  and the production of books, papers and records;

3-37      (k) The payment of fees for:

3-38          (1) Witnesses, mileage and attendance at a hearing or

3-39  deposition; and

3-40          (2) The issuance, renewal, restoration or reinstatement of a

3-41  certificate;

3-42      (l) The imposition of a penalty for a violation of any provision

3-43  of the regulations; and

4-1  (m) The confidentiality of any record or other information

4-2  maintained by the Board relating to an applicant or the holder of a

4-3  certificate.

4-4  3.  A regulation adopted pursuant to subsection 1 may include

4-5  a provision that limits the geographical area within which the

4-6  holder of a certificate specified in subsection 1 may engage in an

4-7  activity in accordance with his certificate.

4-8  4.  A person shall not engage in any activity for which the

4-9  Board requires a certificate pursuant to this section unless the

4-10  person is the holder of such a certificate.

4-11      5.  The Board shall not impose a fee or penalty or take any

4-12  disciplinary action in accordance with a regulation adopted

4-13  pursuant to this section if the fee, penalty or disciplinary action

4-14  exceeds any fee, penalty or disciplinary action that the Board may

4-15  impose against a licensed counselor, certified counselor or

4-16  certified intern pursuant to this chapter.

4-17      6.  In addition to the provisions of subsection 2, a regulation

4-18  adopted pursuant to this section must include provisions that are

4-19  substantially similar to the requirements set forth in NRS

4-20  641C.270, 641C.280 and 641C.710. Any provision included in a

4-21  regulation pursuant to this subsection remains effective until the

4-22  provisions of NRS 641C.270, 641C.280 and 641C.710 expire by

4-23  limitation.

4-24      7.  Except as otherwise provided in this section and NRS

4-25  641C.900, 641C.910 and 641C.950, the provisions of this chapter

4-26  do not apply to the holder of a certificate that is issued in

4-27  accordance with a regulation adopted pursuant to this section.

4-28      Sec. 5.  1.  The Board may use any information included in

4-29  a report of criminal history that is obtained pursuant to this

4-30  section or NRS 641C.260 in determining whether:

4-31      (a) To issue, renew, restore, suspend, revoke or reinstate a

4-32  license or certificate pursuant to this chapter; or

4-33      (b) Any ground for imposing any disciplinary action exists

4-34  pursuant to NRS 641C.700.

4-35      2.  Before renewing, restoring or reinstating the license or

4-36  certificate of a licensed counselor, certified counselor or certified

4-37  intern, the Board may, by regulation, require the licensed

4-38  counselor, certified counselor or certified intern to submit to the

4-39  Board a complete set of his fingerprints and written permission

4-40  authorizing the Board to forward the fingerprints to the Central

4-41  Repository for Nevada Records of Criminal History for submission

4-42  to the Federal Bureau of Investigation for its report.

4-43      3.  A regulation adopted pursuant to subsection 2 must set

4-44  forth the circumstances under which the Board will require a

4-45  licensed counselor, certified counselor or certified intern to submit

5-1  his fingerprints and written authorization specified in that

5-2  subsection before renewing, restoring or reinstating his license or

5-3  certificate.

5-4  Sec. 6.  NRS 641C.040 is hereby amended to read as follows:

5-5  641C.040  “Certificate” means a certificate issued to a person

5-6  who is certified as an alcohol and drug abuse counselor or an

5-7  alcohol and drug abuse counselor intern. The term does not include

5-8  a certificate issued in accordance with a regulation adopted

5-9  pursuant to section 4 of this act.

5-10      Sec. 7.  NRS 641C.260 is hereby amended to read as follows:

5-11      641C.260  Each applicant for a license or certificate must

5-12  submit to the Board:

5-13      1.  An application on a form provided by the Board; [and]

5-14      2.  A complete set of fingerprints and written permission

5-15  authorizing the Board to forward the fingerprints to the Central

5-16  Repository for Nevada Records of Criminal History for submission

5-17  to the Federal Bureau of Investigation for its report; and

5-18      3.  The application fee prescribed in NRS 641C.470.

5-19      Sec. 8.  NRS 641C.450 is hereby amended to read as follows:

5-20      641C.450  Except as otherwise provided in NRS 641C.320, and

5-21  section 5 of this act, a person may renew his license or certificate by

5-22  submitting to the Board:

5-23      1.  An application for the renewal of his license or certificate;

5-24      2.  The fee for the renewal of a license or certificate prescribed

5-25  in NRS 641C.470;

5-26      3.  Evidence of his completion of the continuing education

5-27  required by the Board;

5-28      4.  If the applicant is a certified intern, the name of the licensed

5-29  counselor who supervises him; and

5-30      5.  The statement required pursuant to NRS 641C.280.

5-31      Sec. 9.  NRS 641C.460 is hereby amended to read as follows:

5-32      641C.460  1.  A license or certificate that is not renewed on or

5-33  before the date on which it expires is delinquent. The Board shall,

5-34  within 30 days after the license or certificate becomes delinquent,

5-35  send a notice to the licensed or certified counselor or certified intern

5-36  by certified mail, return receipt requested, to the address of the

5-37  counselor or intern as indicated in the records of the Board.

5-38      2.  A licensed or certified counselor or certified intern may

5-39  renew a delinquent license or certificate within 60 days after the

5-40  license or certificate becomes delinquent by complying with the

5-41  requirements of NRS 641C.450 and paying, in addition to the fee for

5-42  the renewal of the license or certificate, the fee for the renewal of a

5-43  delinquent license or certificate prescribed in NRS 641C.470.

5-44      3.  A license or certificate expires 60 days after it becomes

5-45  delinquent if it is not renewed within that period.

6-1  4.  [A] Except as otherwise provided in section 5 of this act, a

6-2  license or certificate that has expired may be restored if the

6-3  applicant:

6-4  (a) Submits to the Board an application to restore the license or

6-5  certificate;

6-6  (b) Submits to the Board the statement required pursuant to

6-7  NRS 641C.280;

6-8  (c) Pays the renewal fees for the period during which the license

6-9  or certificate was expired and the fee for the restoration of a license

6-10  or certificate prescribed in NRS 641C.470;

6-11      (d) Passes the oral and written examinations prescribed by the

6-12  Board; and

6-13      (e) Submits to the Board evidence of his completion of the

6-14  continuing education required by the Board.

6-15      Sec. 10.  NRS 641C.470 is hereby amended to read as follows:

6-16      641C.470  1.  The Board shall charge and collect not more

6-17  than the following fees:

 

6-18  For the initial application for a license or certificate  $150

6-19  For the issuance of a provisional license or certificate  125

6-20  For the issuance of an initial license or certificate  60

6-21  For the renewal of a license or certificate as an alcohol and

6-22  drug abuse counselor.......................... 300

6-23  For the renewal of a certificate as an alcohol and drug abuse

6-24  counselor intern..................................... 75

6-25  For the renewal of a delinquent license or certificate75

6-26  For the restoration of an expired license or certificate   150

6-27  For the restoration or reinstatement of a suspended or revoked

6-28  license or certificate............................ 300

6-29  For the issuance of a license or certificate without

6-30  examination......................................... 150

6-31  For an examination............................. 150

6-32  For the approval of a course of continuing education   150

 

6-33      2.  The fees charged and collected pursuant to this section are

6-34  not refundable.

6-35      Sec. 11.  NRS 641C.710 is hereby amended to read as follows:

6-36      641C.710  1.  If the Board receives a copy of a court order

6-37  issued pursuant to NRS 425.540 that provides for the suspension of

6-38  all professional, occupational and recreational licenses, certificates

6-39  and permits issued to a person, the Board shall deem the license or

6-40  certificate to be suspended at the end of the 30th day after the date

6-41  on which the court order was issued unless the Board receives a

6-42  letter issued to the person by the district attorney or other public

6-43  agency pursuant to NRS 425.550 stating that the person has

7-1  complied with the subpoena or warrant or has satisfied the arrearage

7-2  pursuant to NRS 425.560.

7-3  2.  [The] Except as otherwise provided in section 5 of this act,

7-4  the Board shall reinstate a license or certificate that has been

7-5  suspended by a district court pursuant to NRS 425.540 if the Board

7-6  receives a letter issued by the district attorney or other public agency

7-7  pursuant to NRS 425.550 to the person stating that the person has

7-8  complied with the subpoena or warrant or has satisfied the arrearage

7-9  pursuant to NRS 425.560.

7-10      Sec. 12.  NRS 641C.900 is hereby amended to read as follows:

7-11      641C.900  1.  Except as otherwise provided in subsection 2, a

7-12  person shall not engage in the practice of counseling alcohol and

7-13  drug abusers unless he is [a] :

7-14      (a) A licensed counselor, certified counselor or certified intern

7-15  [.] ; or

7-16      (b) Certified as an alcohol and drug abuse counselor, alcohol

7-17  and drug abuse counselor intern or specialist in the prevention of

7-18  substance abuse in accordance with a regulation adopted pursuant

7-19  to section 4 of this act.

7-20      2.  A person may engage in the practice of counseling alcohol

7-21  and drug abusers under the supervision of a licensed counselor for

7-22  not more than 30 days if that person:

7-23      (a) Is qualified to be licensed or certified as an alcohol and drug

7-24  abuse counselor or certified as an alcohol and drug abuse counselor

7-25  intern pursuant to the provisions of this chapter; and

7-26      (b) Submits an application to the Board for a license or

7-27  certificate as an alcohol and drug abuse counselor or a certificate as

7-28  an alcohol and drug abuse counselor intern pursuant to the

7-29  provisions of this chapter.

7-30      Sec. 13.  NRS 641C.910 is hereby amended to read as follows:

7-31      641C.910  1.  A person shall not:

7-32      (a) Hold himself out to [the] a member of the general public as

7-33  an alcohol and drug abuse counselor or alcohol and drug abuse

7-34  counselor intern;

7-35      (b) Use the title “alcohol and drug abuse counselor,” “alcohol

7-36  and drug abuse counselor intern,” “drug abuse counselor,”

7-37  “substance abuse [counselor”] counselor,” “specialist in the

7-38  prevention of substance abuse” or any similar title in connection

7-39  with his work; or

7-40      (c) Imply in any way that he is licensed or certified by the

7-41  Board,

7-42  unless he is licensed or certified by the Board pursuant to the

7-43  provisions of this chapter[.] or a regulation adopted pursuant to

7-44  section 4 of this act.

8-1  2.  If the Board believes that any person has violated or is about

8-2  to violate [the provisions of subsection 1,] any provision of this

8-3  chapter or a regulation adopted pursuant thereto, it may bring an

8-4  action in a court of competent jurisdiction to enjoin [that] the person

8-5  from engaging in or continuing the violation. An injunction:

8-6  (a) May be issued without proof of actual damage sustained by

8-7  any person.

8-8  (b) Does not prevent the criminal prosecution and punishment of

8-9  a person who violates [the provisions of subsection 1.] a provision

8-10  of this chapter or a regulation adopted pursuant thereto.

8-11      Sec. 14.  NRS 641C.950 is hereby amended to read as follows:

8-12      641C.950  A person who violates any provision of [the

8-13  provisions of] this chapter or a regulation adopted pursuant thereto

8-14  is guilty of a misdemeanor.

8-15      Sec. 15.  This act becomes effective on July 1, 2003.

 

8-16  H