Psychology Board Disciplinary Policies and Procedures

State of Nevada, Board of Psychological Examiners

Disciplinary Policy

Intent: The Nevada Legislature created the Board of Psychological Examiners (Board) to

regulate the practice of psychology because it is a learned profession, affecting public safety,

health and welfare and subject to regulation to protect the public from the practice of psychology

by unqualified persons and from unprofessional conduct by persons licensed to practice

psychology.

The Board is charged with enforcing NRS Chapter 641 and NAC Chapter 641 for

the protection and benefit of the public.

The Nevada Legislature further established minimum procedural requirements for the

adjudication of contested cases pending before the Board, in order to ensure that the due process

rights of psychologists and other persons are protected and to establish uniformity in procedure

across regulatory bodies.

It is the intent of the Board, through this policy, to carry out the mission delegated to it by the

Nevada Legislature, as described above.

I. Complaint Investigation Procedure:

A. Any person may file a written complaint regarding the practice of psychology in this

State with the Board office.

The complaint may be against a psychologist, an unlicensed

person, or an applicant for licensure. Anonymous complaints will be accepted by the

Board. However, depending on the information provided by the complainant, it may be

more difficult to fully investigate an anonymous complaint and/or an anonymous

complaint may be more likely to be deemed frivolous. If the Board office receives a

complaint against a person who is not licensed by the Board and/or is not practicing

psychology, the Board office shall forward the complaint to the appropriate licensing

board.

B. The Board’s Executive Director and assigned investigator should review all complaints

filed with the Board to see if they raise serious concerns regarding the immediate health,

safety, and welfare of the public such that emergency action is required, throughout the

investigation process. If complaints raise these concerns, please review the “Special

Situations” section of this policy, III (A).

C. If applicable, the complainant must sign a release of records, allowing the psychologist to

provide the Board office with records regarding the complainant and/or the client in

NRS 641.010.

NRS 622.080.

NRS 233B.020; NRS 622A.130.

NRS 641.250(1). The filing of a frivolous complaint by a psychologist may be grounds for disciplinary

action. NRS 641.230(1)(d); NAC 641.208(3) (A psychologist shall “not engage in conduct in the practice of

psychology which evidences moral unfitness to practice the profession.”).

NRS 629.079. The Board still may investigate unlicensed activity and/or take action regarding the

unlicensed practice of psychology.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

response to the complaint. If the complainant is legally authorized to sign a release of

records and fails to sign a release of records, unless in the view of the Board’s Executive

Director and the assigned Board investigator extraordinary cause exists, the complaint

will be deemed frivolous and the complaint will be dismissed without investigation or

action. If the complainant is not legally authorized to sign a release of records for the

complainant and/or the client, the Board will subpoena those records necessary to

investigate the complaint pursuant to NRS 641.245.

See Sample Subpoena attached as

Appendix A.

D. Complaints filed with the Board office must be kept by the Board office for ten (10)

years, even if they are not acted on or investigated.

E. After receiving a complaint pursuant to NRS 641.250, the Board office will forward the

complaint to a Board investigator for review.

F. If the Board investigator reviews a complaint and determines it is not frivolous,

unless

the Board investigator and the Executive Director believe extraordinary cause exists,

the

psychologist or other person named in the complaint will be notified of the complaint by

letter sent to his or her last known address on file with the Board. See Sample Letter

attached as Appendix B. If the complaint is against a psychologist, the psychologist must

respond to the Board’s letter within thirty (30) days.

If the psychologist does not

respond to the Board’s letter within thirty (30) days, the Board’s attorney will send a

letter to the psychologist at his or her last known address on file with the Board by

regular and certified mail informing him or her of his or her duty to respond to the

complaint pursuant to NAC 641.210(2) and that failure to do so may result in disciplinary

action. The Board’s attorney’s letter will provide the psychologist with at least twenty

(20) additional days to respond. See Sample Letter attached as Appendix C. If the

psychologist still does not respond, the Board office will file a complaint against the

psychologist for his or her failure to respond and notice of this complaint will be sent to

the psychologist and the matter will be assigned to a Board investigator for investigation.

A psychologist’s failure to update his or her license with the Board will only be a defense

to the psychologist’s failure to respond to the Board’s letter and the Board’s attorney’s

letter if the address change was for less than thirty (30) days.

A Board member must review and sign subpoenas prior to their issuance pursuant to NRS 641.245. The

Board President will review and sign subpoenas issued pursuant to this provision unless the Board President has a

conflict or is unavailable. In that situation, the Board Secretary-Treasurer will review and sign the subpoena. If

both the Board President and the Board Secretary Treasurer have a conflict or are otherwise unavailable, any

remaining member of the Board may review and sign the subpoena.

NRS 641.250(2).

NRS 641.270.

An example of extraordinary cause may be a situation where the complainant could be in danger if the

psychologist or other person is notified of the complaint at this stage in the investigation.

NAC 641.210(2). Failure to respond to the Board office within thirty (30) days may be ground for

disciplinary action against the psychologist.

See NAC 641.210(3).

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

G. If the person named in the complaint retains an attorney to represent him or her during

the investigative process, all future communications between the Board office or the

Board investigator and the person named in the complaint will now be done through the

Board attorney and the attorney for the person named in the complaint. This means that

requests for extensions of time to respond, requests for more information, responses to

requests for information, or other communications made during the investigation will be

made attorney to attorney and not from Board staff to the person named in the complaint.

H. If the Board investigator reviews a complaint and determines it is frivolous, he or she will

draft a report regarding his or her review and determination. This report and the

complaint will be reviewed by the Executive Director and the Board’s attorney. If they

concur with the Board investigator’s determination, the Board investigator will

recommend that the Board dismiss the complaint at its next meeting.

I. When the psychologist or other person named in the complaint’s response to the

complaint is received, the Board office will forward the complaint, the response, and any

relevant records or other information provided by either the complainant or the

respondent to a Board investigator for investigation.

J. The Board investigator’s investigation will include a review of the complaint, the

response, and other records or information received to determine if there is any violation

of NRS Chapter 641, NAC Chapter 641, the American Psychological Association Code

of Ethics, or NRS Chapter 629.

K. At the Board investigator’s discretion, he or she may interview the parties, including the

complainant and the respondent, as well as any possible witnesses as a part of his or her

investigation. These interviews may be conducted by phone or other means that the

Board investigator deems appropriate. If any of the parties are represented by counsel,

the Board investigator will confer with the Board’s attorney to determine how to proceed

in order to ensure that the party’s rights are protected.

L. If the Board investigator believes that more information is necessary to adequately

investigate the complaint, the Board investigator may send a letter to the complainant or

the respondent requesting such information. The Board investigator’s letter shall be

mailed to the complainant or the respondent by regular and certified mail. If available,

the Board investigator also may communicate with either party by e-mail. The Board

investigator will provide a deadline for receipt of a response to that letter which must be

not less than thirty (30) days. A copy of the Board investigator’s letter(s), e-mail(s), and

any responses received from the complainant or the respondent, as applicable, shall be

maintained and included in the Board office file for this complaint.

M. If the Board investigator believes that more information is necessary to adequately

investigate the complaint and a written letter or interview will not allow the Board

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

investigator to obtain that information,

the Board investigator may request a subpoena

requesting that information be issued pursuant to NRS 641.245.

N. In conjunction with investigating some complaints, the Board’s investigator may

determine that it is necessary to ask a psychologist named in a complaint to complete a

mental or physical examination pursuant to NRS 641.272. For more information, please

review the “Special Situations” section of this policy, III (B).

O. After gathering all necessary evidence and information, the Board investigator must

determine whether the psychologist or other person named in the complaint has violated

NRS Chapter 641, NAC Chapter 641, the American Psychological Association Code of

Ethics, or NRS Chapter 629. In order to protect the public, the Board investigator’s

determination is not limited to the allegations alleged by the complainant in the

complaint. Instead, any violations that are discovered in the investigation by the

investigator should be included and addressed in the investigator’s report.

P. The Board investigator shall draft a written report containing his or her determination

regarding the alleged violations as well as any additional violations discovered in his or

her investigation. The report must include the following:

1. A summary of the allegations against the psychologist or other person named in

the complaint;

2. A summary of the psychologist or other person named in the complaint’s response

to the allegations;

3. A summary of any other allegations discovered in the investigation as well as the

psychologist or other person named in the complaint’s response to those

allegations, if applicable;

4. A summary of the Board investigator’s case analysis; and

5. Specific reference to evidence supporting the allegations that the Board’s

investigator believes should be pursued in the disciplinary proceeding, and copies

of that evidence, as applicable.

6. If the complaint is against an applicant for a license, the Board’s ability to

sanction the person may be limited. However, the Board investigator may

recommend that this complaint be considered when evaluating the person’s

application, pursuant to NRS 641.170. The Board investigator may recommend

that licensure be denied to the applicant or granted under specified conditions. In

For example, depending on the allegations in the complaint, the Board investigator may want to review a

pharmacy utilization report for the person named in the complaint. If this is necessary, the Board investigator

should contact the Board’s Executive Director and the Board’s attorney so that an appropriate request may be made

to the State of Nevada, Board of Pharmacy.

A Board member must review and sign subpoenas prior to their issuance pursuant to NRS 641.245. The

Board President will review and sign subpoenas issued pursuant to this provision unless the Board President has a

conflict or is unavailable. In that situation, the Board Secretary-Treasurer will review and sign the subpoena. If

both the Board President and the Board Secretary Treasurer have a conflict or are otherwise unavailable, any

remaining member of the Board may review and sign the subpoena.

The psychologist or other person named in the complaint will be notified of these allegations before the

matter proceeds to discipline pursuant to NRS 233B.127(3) and given an opportunity to respond.

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that situation, the person must be noticed to appear at a meeting as required by the

Open Meeting Law wherein the Board investigator’s recommendation will be

presented to the Board and allowing the person to present his or her own

information to the Board regarding his or her application.

7. In his or her report, the Board investigator may recommend that the psychologist

be required to provide fingerprints to the Board office at the initiation of

disciplinary proceedings as authorized by NRS 622.360.

Q. The Board investigator’s report must be included in the Board office file regarding the

complaint.

R. The Board investigator shall also include in his or her report recommendations regarding

the category of the violation, the seriousness of the violation, recommended sanctions

regarding the violation, and any other information that he or she believes is relevant.

S. If the Board investigator believes that the complaint should be dismissed, the Board

investigator shall provide a summary of his or her investigation and the reasons

supporting his or her recommendation that the complaint be dismissed to the Board at its

next meeting. The Board may vote at that meeting to dismiss the complaint as

recommended.

T. If the Board investigator believes that the matter should proceed to discipline (whether a

hearing, settlement agreement, or other proceeding), the Board investigator will ask that

the Executive Director and the Board’s attorney review his or her report. If the Executive

Director and the Board’s attorney concur with the Board investigator, the report to the

Board will include only the type of violation (statute or other category of violation) and

the fact that the matter has been sent to the Board’s attorney for initiation of disciplinary

action. If there is a question or another opinion is necessary, another Board investigator

may be asked to review the complaint, response, documents received, and

recommendations from the assigned Board investigator. If necessary due to

extraordinary circumstances, a member of the Board may be designated as an

“investigating Board member” pursuant to NRS 233B.122 and provide this additional

review.

U. Once a matter is assigned to the Board’s attorney, the Board’s attorney shall send a letter

to the psychologist or person named in the complaint by regular and certified mail

providing him or her with a summary of the allegations substantiated in the complaint

and providing him or her with an additional opportunity to respond to the allegations

prior to the initiation of disciplinary proceedings

against him or her.

See Sample

In this situation, the “investigating Board member” must recuse from any decision regarding this

complaint.

The initiation of disciplinary proceedings is the sending of a complaint and notice of hearing to the

respondent by the Board’s attorney. See NRS 622A.300(1).

NRS 233B.127(3). This is required for cases where there may be a suspension or revocation. Best

practice is to do this for all cases. This ensures that the psychologist or other person named in the complaint is

informed about any additional allegations discovered in the investigation, but not included in the complaint prior to

the initiation of disciplinary action.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Letter attached as Appendix D. This response will be reviewed by the Board’s attorney,

the Executive Director, and the Board investigator. This response may lead to additional

investigation, revision of the Board investigator’s report, or other action prior to the

initiation of disciplinary proceedings. If this response leads to the recommendation that

the matter be dismissed, the Board investigator’s report should be updated to include

reasons for this decision and the procedure outlined in step 16 should be followed.

V. While the goal is not to have the Board’s attorney investigate a complaint and risk

becoming a witness in the matter should it proceed to a hearing before the Board, the

Board’s attorney is available and should be consulted by the Executive Director and/or

the Board investigator, as necessary throughout the investigation of a complaint.

W. The Board will follow the requirements of NRS Chapters 233B, 241, 622, 622A, 629,

641, and NAC Chapter 641 in the adjudication of complaints before the Board, including

the approval of settlement agreements.

II. Reporting of Disciplinary Activity:

A. The Board’s Executive Director shall submit quarterly reports on or before the 20th day

of January, April, July, and October to the Legislative Counsel Bureau as required by

NRS 622.100. These reports must be submitted electronically and shall include a

summary of each disciplinary action taken by the Board during the immediately

preceding calendar quarter against any licensee.

B. Within 30 days of the Board’s disciplinary action, the Board’s Executive Director must

submit reports regarding disciplinary action to the National Practitioner Databank as

required by federal law, and to the Association of State and Provincial Psychology

Boards.

C. The Board’s Executive Director shall report any disciplinary action taken against a

psychologist or other person that may involve insurance fraud to the Office of the

Attorney General’s Insurance Fraud Unit. More information about making this report is

available at: http://ag.nv.gov/About/Criminal_Justice/Insurance_Fraud/.

D. Within 30 days, the Board’s Executive Director shall provide copies of all disciplinary

actions to the Administrator of the Division of Public and Behavioral Health in the

Department of Health and Human Services by sending a true and correct copy of the

action by U.S. Mail.

E. The Board’s Executive Director shall post information regarding disciplinary action

against a psychologist, psychological assistant, psychological intern, psychological

trainee, or other person on the Board’s website not later than 30 days after the Board’s

action. This report shall include the following information:

1. Discipline Type: Settlement or Order,

2. A list of the specific statutes or regulations violated,

3. A summary of the penalty imposed by the Board, including, as applicable, fine

amount, cost reimbursement, continuing education, probation requirements, or

other sanctions imposed, and

4. Current status of the person’s license or registration, as applicable.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

F. All disciplinary action taken against unlicensed individuals shall be reported to the

appropriate law enforcement agency by the Board’s Executive Director within 30 days

after the Board’s action. See NRS 641.2705.

III. Special Situations:

A. Summary Suspension: The Board President, acting on behalf of the Board, may issue a

summary suspension of a psychologist’s license without first holding a hearing, if the

President determines that the psychologist’s actions could impair public health, safety, or

welfare to the point where emergency action is required. Such action by the Board

President must be conducted in consultation with the assigned investigator, the Executive

Director, and the Board’s attorney. A hearing must be held on the underlying allegations

within 45 days after the date of the order of summary suspension, unless the Board and

the licensee mutually agree in writing to a longer period. After issuing a summary

suspension order, the Board President may not participate in deciding the case at the

scheduled hearing. See NRS 233B.127(3); NRS 233B.122(1).

B. Mental or Physical Examination: The Board may require a person named in a

complaint to submit to a mental examination conducted by a panel of three psychologists

designated by the board, or a physical examination conducted by a physician designated

by the Board. Every psychologist licensed under NRS Chapter 641 is deemed to have

given consent to submit to such a mental or physical examination when directed to do so

in writing by the Board. The testimony or reports of the examining psychologist or

physicians are privileged communications, except as to proceedings conducted pursuant

to discipline. The failure of a psychologist to submit to an examination constitutes

grounds for immediate suspension of the psychologist’s license. See NRS 641.272.

1. The language of the statute is broad and allows this examination to be conducted

for any complaint received against a psychologist, prior to the initiation of

disciplinary proceedings.

2. However, due process and fairness still applies and the Board’s power to order

this examination as part of its investigation should not be abused.

3. In addition, the cost for this examination is borne by the Board. The Board may

later receive reimbursement for the costs of this examination from the

psychologist if the psychologist is found to have engaged in conduct that violates

Nevada law or enters into a settlement agreement agreeing to reimburse the Board

for this cost. See NRS 622.400.

IV. Communication During the Investigative Process:

A. The Board must maintain the confidentiality of the complaint and all documents

and information compiled during the investigation of the complaint during the

investigative process. See NRS 641.090. The existence (or not) of a complaint

cannot be acknowledged by the Board until the investigation is concluded and a

complaint and notice of hearing has been drafted, filed with the Board, and served

upon the Respondent by the Board’s attorney or a settlement agreement is

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

negotiated and agendized for consideration by the Board at meeting, subject to the

following exceptions:

i. The Board may communicate or cooperate with or provide any documents

or other information to any other licensing board or any other agency that

is investigating a person, including, without limitation, a law enforcement

agency. See NRS 641.090(6).

ii. The person named in a complaint may submit a written statement to the

Board requesting that such documents and information be made public

records. See NRS 641.090(4).

iii. Discovery regarding the complaint, i.e., the exhibits the Board’s attorney

intends to introduce at the hearing and a list of witnesses that the Board’s

attorney intends to call, must be provided to the Respondent upon request

after the complaint and notice of hearing has been drafted, filed with the

Board, and served upon the Respondent. See NRS 622A.330.

 Note: Exhibits introduced at the hearing for review by the Board

that contain protected health information do not become public

documents that are subject to disclosure pursuant to NRS 622.310.

B. Substantive communication between the Respondent and the Board office or

investigator during the investigative process must occur in writing.

C. Communication from the Respondent may be sent to the Board office by

electronic mail, facsimile, U.S. mail, or other mail carrier.

D. Copies of all communication regarding the complaint must be maintained in the

Board’s file related to the complaint.

V. Fines, Costs, and Collections:

A. All Board orders and settlement agreements will include a final due date for

payment of all fines and costs assessed by the Board.

B. All fines assessed by the Board and received by the Board must be submitted to

the State Treasurer for deposit with the General Fund.

C. All cost reimbursements assessed by the Board pursuant to NRS 622.400 and

received by the Board must be deposited into the Board’s bank account

established pursuant to NRS 641.111.

D. For all fines and costs assessed and not received by the Board pursuant to the

terms of the Board’s order and/or the approved settlement agreement, the Board

will utilize the State Controller as its agent to collect fines and costs

reimbursements assessed by the Board during disciplinary actions pursuant to

NRS 353C.195 and follow the procedures required by the State Controller.

VI. Qualifications of Board Investigators:

A. All Board investigators must--

1. Be licensed in the State of Nevada as a psychologist for at least five years,

2. Be in good standing as a psychologist in the State of Nevada, as well as any other

states or jurisdictions where he or she is licensed, and

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

3. Be willing to complete the Council on Licensure, Enforcement, and Regulation

(CLEAR) training in complaint investigation.

B. Experience in conducting investigations is preferred, but not required.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Categories of Violations For Psychologists

1. Criminal Convictions:

a. Felony relating to the practice of psychology. NRS 641.230(1)(a).

b. Any crime or offense that reflects the inability of the person to practice

psychology with due regard for the health and safety of others.

NRS 641.230(1)(b).

c. Violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, or

616D.300 to 616D.440 (Relating to workers’ compensation insurance and/or

benefits).

d. Medicare or Medicaid fraud. NRS 641.230(1)(m).

e. Insurance fraud. NRS 641.230(1)(n).

2. Practice below the Standard of Care

a. Engaged in gross malpractice. NRS 641.230(1)(d).

i. Gross malpractice is defined in NRS 641.023. It includes the practice of

psychology under the influence of an alcoholic beverage or any controlled

substance, gross negligence, willful disregard of established method and

procedures in the practice of psychology, or willful and consistent use of

methods and procedures considered by psychologists in the community to

be inappropriate or unnecessary in the cases where used.

b. Engaged in repeated malpractice. NRS 641.230(1)(d).

i. Malpractice is defined in NRS 641.024. It means the “failure on the part

of a psychologist to exercise the degree of care, diligence and skill

ordinarily exercised by psychologists in good standing in the community.”

c. Engaged in gross negligence in the practice of psychology. NRS 641.230(1)(d).

i. Gross negligence means “[a] lack of slight diligence or care” or “[a]

conscious, voluntary act or omission in reckless disregard of a legal duty

and of the consequences to another party.” Black’s Law Dictionary 1057

(7th ed. 1999).

d. Lack of/inadequate knowledge or training in area of practice. NAC 641.208(1).

e. Failure to maintain competence and/or limit practice to areas of competence.

NRS 641.112; NAC 641.208(4); APA Rule 2.01; 2.03.

f. Unprofessional Conduct. (Violation of Regulation Adopted by the Board).

NRS 641.230(1)(g).

i. Standards of Conduct. NAC 641.200–NAC 641.250.

ii. Failure to display license in a conspicuous place. NAC 641.213(1)(a).

iii. Other violations included also may fall under this category, if they involve

a violation of a Board regulation.

g. Interruption of psychological services without transition for clients.

NAC 641.215(5)–(9); APA Rule 3.12.

h. Supervision.

i. Failure to properly supervise psychological interns, psychological

assistants, or unlicensed personnel. NAC 641.158; NAC 641.161(2);

NAC 641.168.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

ii. Failure to follow requirements for supervision as outlined by the Board.

NAC 641.151–NAC 641.161.

3. Dishonesty

a. Made fraudulent or untrue statements to the Board. May also include filing a

knowingly frivolous or knowingly false complaint with the Board. NRS

641.230(1)(f). See also NAC 641.245(3).

b. Made fraudulent or untrue statements to others, including making or filing false

reports. NAC 641.245; APA Rule 5.01.

c. Engage in conduct in the practice of psychology which evidences moral unfitness

to practice the profession. NAC 641.208(2).

d. Misrepresentation of professional qualifications. NAC 641.239.

e. Failure to complete required CEU’s. NRS 641.220; NAC 641.132.

f. Fraudulent billing or misleading information regarding billing from party

responsible for payment. NAC 641.213(1)(d); NAC 641.245(2)(c).

g. False advertising. APA Rule 5.01.

h. Failure to correct error in fraudulent or untrue statement made by others.

NAC 641.239(2); APA Rule 5.02.

4. Disciplinary Action in another State.

a. Underlying action is also grounds for disciplinary action in Nevada.

NRS 641.230(1)(h).

b. Failed to report to the Board within 30 days disciplinary action from another state.

NRS 641.230(1)(i).

5. Violation (direct or indirect) or attempted violation of a provision of NRS Chapter 641.

NRS 641.230(1)(j).

a. Assisted in or abetted a violation of or conspired to violate a provision of NRS

Chapter 641. NAC 641.241.

b. Failure of non-resident consultant to register with the Board pursuant to

NAC 641.169.

6. Practice or Attempted Practice While Impaired. NRS 641.230(1)(k).

a. Performed or attempted to perform any professional service while impaired by

alcohol, drugs, or mental or physical illness, disorder or disease. NAC 641.229.

7. Inappropriate Relationships

a. Sexual activity with a patient or client. NRS 641.230(1)(l); NAC 641.229(3).

b. Dual relationship. NAC 641.229(2) or (3); APA Rule 3.05; APA Rule 3.06.

c. Coercive or exploitative relationship. NAC 641.215(12); NAC 641.229(2) or (3);

APA Rule 3.05; APA Rule 3.06; APA Rule 3.08.

d. Discrimination. NAC 641.215(10); APA Rule 3.01.

e. Sexual harassment. NAC 641.215(11); APA Rule 3.02.

f. Physical harassment. APA Rule 3.02; APA Rule 3.03; APA Rule 3.04.

g. Other harassment. NAC 641.215(11); APA Rule 3.03.

h. Soliciting business or referrals from patients. NAC 641.215(12); APA Rule 5.06.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

i. Accepting or paying fees to third parties for referrals of clients.

NAC 641.213(1)(e).

8. Business Practices

a. Records APA Rules 6.01–6.07.

i. Failure to release records as required by law. NAC 641.219;

NRS 629.061.

ii. Inadequate record-keeping. NAC 641.219(1).

iii. Breach of confidentiality of records. NAC 641.219; NAC 641.224.

iv. Informed consent. NAC 641.207(1)(i); NAC 641.215(2) and (4);

NAC 641.224; NAC 641.241; APA Rule 3.10.

b. Breach of confidentiality. NAC 641.224; APA Rule 4.01–4.07.

c. Operating a medical facility when the license of the facility was suspended or

revoked or when an act or omission occurred which resulted in the suspension or

revocation of the license pursuant to NRS 449.160. NRS 641.230(1)(o).

d. Practice under name that is not on license. NRS 641.225(1).

e. Fee splitting. NAC 641.210(4).

9. Communications with the Board.

a. Failure to respond to a communication from the Board within 30 days.

NAC 641.213(1)(b).

b. Failure to update address or telephone number with the Board within 30 days of

the change. NAC 641.213(1)(c).

10. Practice with Expired or Inactive License.

a. Active license required to practice psychology. NRS 641.390(1).

b. If license is inactive, may not practice psychology. NAC 641.133(2).

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Categories of Violations (Unlicensed Activity)

1. Representing self as psychologist NRS 641.390; NRS 641.440.

a. Holding out or representing self as a psychologist.

b. Using title that incorporates “psychology” or “psychologist.”

2. Engaging in the practice of psychology as defined in NRS 641.025 without a license.

NRS 641.390; NRS 641.440.

3. School psychologist outside the school setting. NRS 641.390(5).

a. Provisions governing school psychologist contained in NAC 391.315–

NAC 391.319.

4. Failure of non-resident consultant to register with the Board pursuant to NAC 641.169.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Disciplinary Options for Psychologists

NRS 641.240 lists the authorized disciplinary sanctions available to the Board, if it finds a

psychologist to have committed an act which constitutes grounds for disciplinary action

• Public reprimand,

• Limit the psychologist’s practice,

• Suspend the person’s license for a period of not more than one year,

• Revoke the person’s license [NRS 622A.410 requires that the Board’s order specify the

time period during which the psychologist may not apply for reinstatement of the license.

The period must be at least one year and not more than ten years],

• Impose a fine of not more than $5,000,

• Suspend the enforcement of any penalty by placing the psychologist on probation. The

Board may revoke the probation if the psychologist does not follow any conditions

imposed,

• Supervision [psychologist to pay costs incurred],

• Counseling or treatment by a person approved by the Board [psychologist to pay costs

incurred],

• Probation with conditions imposed for the protection of the public or the rehabilitation of

the psychologist [conditions may include requiring additional continuing education units

in specified area[s], additional training, successful completion of a skills or ethics

examination such as the Ethics and Boundaries Assessment, a psychological evaluation,

or participation in a substance dependence treatment program], and

• Require payment of costs for remediation or restitution.

If the Board finds that a psychologist has violated any provision of NRS Chapter 641 or NAC

Chapter 641 or an act that constitutes grounds for disciplinary action pursuant to NRS 641.230 or

accepts a settlement agreement within which the psychologist admits to such conduct or does not

contest the allegations, the Board may:

• Assess the Board’s reasonable attorney’s fees and costs incurred as part of the Board’s

investigation or the Board’s administrative or disciplinary proceeding pursuant to

NRS 622.400(1).

Grounds for disciplinary action are contained in NRS 641.230.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

• Costs allowed are defined in NRS 622.400(2).

Additional Options and Considerations:

• To the greatest extent possible, all disciplinary action ordered by the Board or contained

in a settlement agreement will be meaningfully tied to the violations substantiated in the

Board’s investigation in order to allow the person an opportunity for remediation of these

violations. An example of considerations the Board will take into account when

determinating remediation plans is discussed in this article: Vacha-Haase, T., Elman, N.

S., Forrest, L., Kallaugher, J., Lease, S. H., Veilleux, J. C., & Kaslow, N. J. (2018,

November 29). Remediation Plans for Trainees With Problems of Professional

Competence. Training and Education in Professional Psychology. Advance online

publication. http://dx.doi.org/10.1037/tep0000221.

• If the Board initiates disciplinary proceedings against a licensee, the Board requires all

licensees to submit a complete set of his or her fingerprints to the Board and written

permission authorizing the Board to forward those fingerprints to the Central Repository

for Nevada Records of Criminal History for submission to the Federal Bureau of

Investigation for its report. NRS 622.360(1). Failure to comply is ground for additional

disciplinary action against the license. NRS 622.360(2). A conviction for an unlawful

act that is grounds for disciplinary action against the licensee that has not been disclosed

to the Board or that the Board has not already disciplined the licensee for is an additional

ground for disciplinary action against the licensee. NRS 622.360(3). Notice that the

licensee must provide fingerprints pursuant to NRS 622.360 will be included in the

Complaint and Notice of Hearing. In addition, all settlement agreements regarding

licensees, the Board will require that the licensee provide fingerprints pursuant to NRS

622.360 as part of the settlement.

• The Board may order any psychologist named in a complaint

to submit to a mental

examination conducted by a panel of three psychologists designated by the Board or a

physical examination conducted by a physician designated by the Board.

NRS 641.272(1). Failure to comply with this request is grounds for immediate

suspension of the psychologist’s license unless there are extraordinary circumstances, as

determined by the Board. NRS 641.272(2).

• Settlement agreements may contain requirements agreed to by the parties and approved

by the Board that differ from those specified in NRS 641.240 or other statutory provision.

o A psychologist may agree to surrender his or her license in lieu of other

disciplinary action by a settlement agreement. This constitutes discipline

pursuant to NRS 233B.121(6) and will be reported as discipline pursuant to this

policy.

• The Board may not administer a private reprimand. NRS 641.240(2).

Disciplinary proceedings do not have to first be initiated.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

• An order that imposes discipline and the findings of fact and conclusions of law

supporting that order are public records. NRS 641.240(3).

• A settlement agreement in a disciplinary case must be approved by the Board in a public

meeting and the settlement agreement is a public record. NRS 622.330.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Unlicensed Activity Sanctions

1. Order to Cease and Desist from engaging in activity prohibited by NRS 641.390.

NRS 641.2705(2)(a).

2. Citation which must be in writing and describe with particularity the nature of the

violation. NRS 641.2705(2)(b) and (3).

a. Citation may be appealed to the Board within 30 days after the date of the

citation. NRS 641.2705(5).

3. For any violation of NRS 641.390, the Board shall assess an administrative fine of:

a. $500 (first violation),

b. $1,000 (second violation), and

c. $1,500 (third or subsequent violation).

4. If the Board finds that a person has violated any provision of NRS Chapter 641 or NAC

Chapter 641 or the person admits to such conduct or does not contest the allegations, the

Board may:

a. Assess the Board’s reasonable attorney’s fees and costs incurred as part of the

Board’s investigation or the Board’s administrative or disciplinary proceeding

pursuant to NRS 622.400(1).

b. Costs allowed are defined in NRS 622.400(2).

5. If a person continues to engage in unlicensed activity, the Board may file an action in

civil court requesting that the court enter an injunction against the person, enjoining him

or her from engaging in the unlicensed practice of psychology. See NRS 641.316.

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State of Nevada, Board of Psychological Examiners: Disciplinary Policy Updated 2/22/2019

Aggravating and Mitigating Factors

The following factors may mitigate or aggravate the sanctions that may be imposed in the

disciplinary process.

1. Factors related to conduct:

a. Gravity of the unprofessional conduct

b. Age, capacity and/or vulnerability of the patient, client, or victim;

c. Number or frequency of the acts of unprofessional conduct;

d. Injury caused by the unprofessional conduct;

e. Potential for injury to be caused by the unprofessional conduct;

f. Degree of responsibility for the outcome;

g. Abuse of trust;

h. Intentional or inadvertent act;

i. Motivation is criminal, immoral, dishonest, or for personal gain;

j. Length of time since the unprofessional conduct occurred.

2. Factors related to the psychologist:

a. Experience in practice;

b. Past disciplinary record;

c. Mental and/or physical health;

d. Personal circumstances;

e. Personal problems having a nexus with the unprofessional conduct;

f. Voluntary restitution or other remedial action;

g. Admission of key facts.

3. General factors

a. License holder’s knowledge, intent, and degree of responsibility;

b. Presence or pattern of other violations;

c. Present moral fitness of the license holder;

d. Potential for successful rehabilitation;

e. Present competence to practice;

f. Dishonest or selfish motives;

g. Isolated incident unlikely to reoccur.