Title 54

NRS 641D.040 “Board” defined. “Board” means the Board of Applied Behavior Analysis created by NRS 641D.200. (Added to NRS by 2017, 4220)

NRS 641D.050 “Community” defined. “Community” means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assi…

NRS 641D.060 “Gross malpractice” defined. “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of: 1. Practicing applied behavior analysis with a patient while the behavior analyst, assistant behavior analys…

NRS 641D.070 “Malpractice” defined. “Malpractice” means failure on the part of a behavior analyst, assistant behavior analyst or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analys…

NRS 641D.080 “Practice of applied behavior analysis” defined. 1. “Practice of applied behavior analysis” means the design, implementation and evaluation of instructional and environmental modifications to produce socially significant improvement in human behavior, including, with…

NRS 641D.090 “Professional incompetence” defined. “Professional incompetence” means lack of ability to practice applied behavior analysis safely and skillfully arising from: 1. Lack of knowledge or training; 2. Impaired physical or mental ability; or 3. Dependence upon an alcohol…

NRS 641D.100 “Registered behavior technician” defined. “Registered behavior technician” means a person who: 1. Is certified as a registered behavior technician by the Behavior Analyst Certification Board, Inc., or its successor organization; 2. Is registered as such pursuant to t…

NRS 641D.110 Applicability of chapter. The provisions of this chapter do not apply to: 1. A physician who is licensed to practice in this State; 2. A person who is licensed to practice dentistry in this State; 3. A person who is licensed as a psychologist or behavioral health and…

NRS 641D.120 Exemptions from requirements for licensure and registration. 1. A person is not required to be licensed or registered pursuant to this chapter if he or she: (a) Provides behavior modification services or training exclusively to animals and not to natural persons; (b)…

NRS 641D.130 Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision. 1. A person who has matriculated at an accredited college or university and is not licensed or registered pursuant to this chapter may practice applied behavior ana…

NRS 641D.200 Creation; membership; terms; meetings; officers; immunity. 1. The Board of Applied Behavior Analysis is hereby created. 2. The Governor shall appoint to the Board: (a) Three voting members who are behavior analysts licensed in this State. (b) One voting member who is…

NRS 641D.210 Required orientation for new members of Board; policies concerning compensation and performance review of staff. The Board shall: 1. Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. Such orientatio…

NRS 641D.220 Salary of members; per diem allowance and travel expenses of members and employees. 1. Each member of the Board is entitled to receive: (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and (b) A per diem a…

NRS 641D.230 Deposit and use of money received by Board. Money received from the licensure of behavior analysts and assistant behavior analysts and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, gra…

NRS 641D.240 Rules and regulations. The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure or registration of applicants, the granting, refusal, revocation or suspension o…

NRS 641D.250 Duty to enforce chapter; general powers. The Board shall enforce the provisions of this chapter and may, under the provisions of this chapter: 1. Examine and pass upon the qualifications of applicants for licensure and registration; 2. License and register qualified …

NRS 641D.260 Board authorized to contract to carry out provisions of chapter. The Board may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter. The purposes of such a contract may include, witho…

NRS 641D.270 Records: Duties of Board; inspection; confidentiality of certain records; exceptions. 1. The Board shall make and keep: (a) A record of all violations and prosecutions under the provisions of this chapter. (b) A register of all licenses and registrations. (c) A regis…

NRS 641D.300 Application and fee; investigation of applicant. 1. Each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must: (a) Make application to the Board upon a form and in a manner prescribed b…

NRS 641D.310 Qualifications of applicant; Board required to evaluate application and issue statement of determination; contents of statement. 1. Except as otherwise provided in NRS 641D.340 and 641D.350, each application for licensure as a behavior analyst must be accompanied by …

NRS 641D.320 Board prohibited from denying application based solely on immigration or citizenship status of applicant; applicant without social security number required to provide alternative personally identifying number; confidentiality of number. 1. The Board shall not deny th…

NRS 641D.330 Payment of child support: Submission of certain information by applicant; grounds for denial of license or registration; duties of Board. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish proce…

NRS 641D.340 Expedited license by endorsement as behavior analyst: Requirements; procedure for issuance. 1. The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Boar…

NRS 641D.350 Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application. 1. The Board may issue a license b…

NRS 641D.360 Renewal: Application; fee; investigation of criminal history; continuing education; regulations. 1. To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first da…

NRS 641D.370 Automatic suspension for failure to pay biennial fee for renewal; reinstatement; notice of suspension. 1. The license of any behavior analyst or assistant behavior analyst or the registration of a registered behavior technician who fails to pay the biennial fee for t…

NRS 641D.380 Fees; regulations. 1. The Board shall prescribe, by regulation, fees for any services provided by the Board pursuant to this chapter and the following fees, which must not exceed: Application for licensure as a behavior analyst or assistant behavior analyst $100 Issu…

NRS 641D.600 Duties of licensee or registrant to limit practice to areas of competence and comply with certain ethical requirements; regulations. 1. A licensed behavior analyst or assistant behavior analyst shall limit his or her practice of applied behavior analysis to his or he…

NRS 641D.610 Limitations on practice of assistant behavior analyst or registered behavior technician; requirements concerning supervision. 1. A licensed assistant behavior analyst shall not engage in or supervise the practice of applied behavior analysis except under the supervis…

NRS 641D.700 Grounds for disciplinary action. 1. The Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, place the person on probation, require remediation for the person or take a…

NRS 641D.710 Regulations concerning additional grounds for disciplinary action. The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician in addition to t…

NRS 641D.720 Authorized disciplinary action; private reprimands prohibited; orders imposing discipline and certain supporting documentation deemed public records. 1. If the Board or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, the B…

NRS 641D.730 Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each sta…

NRS 641D.740 Service of process; publication of notice. 1. Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last know…

NRS 641D.750 Subpoenas. 1. The Board or a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior …

NRS 641D.760 Complaints: Filing; retention. 1. The Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating discip…

NRS 641D.770 Complaints: Review; authority to retain Attorney General to investigate. When a complaint is filed with the Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Board may: 1. …

NRS 641D.780 Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; provision of written summary concerning violation to Attorney General; administrative fine; appeal of citation. 1. The Boa…

NRS 641D.790 Investigation of complaint by Attorney General upon retention by Board; recommendation to Board; determination and action of Board. 1. If the Board retains the Attorney General pursuant to NRS 641D.770, the Attorney General shall conduct an investigation of a complai…

NRS 641D.800 Authority of Board to require examinations; licensee or registrant deemed to consent to examination; testimony or information received during examination not privileged; effect of failure to submit to examination; cost of examination. 1. Notwithstanding the provision…

NRS 641D.810 Limitation on time for completion of examination after issuance of order suspending license or registration pending disciplinary proceedings. Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order suspending the license of a behavior anal…

NRS 641D.820 Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act. Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding th…

NRS 641D.830 Requirements for proof. Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board or a hearing officer conducted under the provisions of this chapter: 1. Proof of actual injury need not be established where the complaint c…

NRS 641D.840 Judicial review; duration of Board’s order; priority of petition for judicial review. 1. Any person who has been placed on probation or whose license or registration has been limited, suspended or revoked pursuant to this chapter is entitled to judicial review of the…

NRS 641D.850 Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings. Notwithstanding the provisions of chapter 622A of NRS: 1. Pending disciplinary proceedings before the Board or a hearing officer,…

NRS 641D.860 Injunction against practicing applied behavior analysis without license. 1. The Board or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 641D.910 or as a behavior anal…