Nevada 2017 Regular Session Status: Enacted

AB 429 — Enacts provisions governing the interstate practice of psychology. (BDR 54-351)

Last action — Approved by the Governor. Chapter 173.

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This bill has been enacted into law. Introduced March 27, 2017. Enacted.

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(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
Assembly Bill No.
429 A SSEMBLY B ILLN O.
429–Committee on Health and Human Services CHAPTER..........
429–COMMITTEE ON H EALTH AND HUMAN S ERVICES (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON H EALTH C ARE ) M ARCH 27, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Enacts provisions governing the interstate practice of psychology.
(BDR 54-351) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
ratifying, enacting and entering into the Psychology InterjurisdictionalCompact;
ratifying, enacting and entering into the Psychology Interjurisdictional Compact;
LegThe Psychology Interjurisdictional Compact of the Association of State and Provincial Psychology Boards is an interstate compact that allows a person who is licensed as a psychologist in a state that is a member of the Compact to provide services to patients in other states that are members of the Compact through telehealth or in person under certain conditions.
LegiThe Psychology Interjurisdictional Compact of the Association of State and Provincial Psychology Boards is an interstate compact that allows a person who is licensed as a psychologist in a state that is a member of the Compact to provide services to patients in other states that are members of the Compact through telehealth or in person under certain conditions.
(2) possess a full, unrestricted license to practice history of disciplinary action or convictions of certain crimes;
(2) possess a full, unrestricted license to practice psychology in at least one state that is a member of the Compact;
(4) make attestations and allow the governing body of the Compact, known as the Psychology Interjurisdictional Compact Commission, to access information concerning the psychologist’s areas of intended practice, criminal background and knowledge of requirements in all states in which he or she intends to practice;
(3) have no history of disciplinary action or convictions of certain crimes;
(4) make attestations and allow the governing body of the Compact, known as the Psychology psychologist’s areas of intended practice, criminal background and knowledge of requirements in all states in which he or she intends to practice;
and (6) meet any other requirements services in person in a state in which the psychologist is not licensed on a temporary basis, as defined by the Commission, and the psychologist is still required to obtain a license to provide services in person over the long term.
and (6) meet any other requirements of the Commission.
Psychologists who provide services in states other than those in which they are licensed under the Compact are subject to the jurisdiction of the state in which they provide services, and such a state can revoke the authorization to practice in those - *AB429_R1* – 2 – states.
The Compact only authorizes a psychologist to provide services in person in a state in which the psychologist is not licensed on a temporary basis, as defined by the Commission, and the psychologist is still required to obtain a license to provide services in person over the long term.
Psychologists who provide services in states other than those in which they are licensed under the Compact are subject to the jurisdiction of the state in which they states.
(1) collect an annual assessment from each state that is a member of the Compact to fund the operations of the Commission;
(1) collect an annual assessment from those each state that is a member of the Compact to fund the operations of the Commission;
(2) make rules concerning the administration of the Compact and the disputes among states that are members of the Compact related to the Compact.
(2) make rules concerning the administration of the Compact and the practice of psychology across state lines under the Compact;
and (3) resolve disputes among states that are members of the Compact related to the Compact.
Section 23 of authorized in the Compact from a prohibition on representing oneself as aacticing as psychologist or practicing psychology without a license issued by the Board of Psychological Examiners.
Section 23 of this bill exempts a psychologist who is not licensed in this State and practicing as psychologist or practicing psychology without a license issued by the Board of Psychological Examiners.
- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
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- *AB429_R1* – 3 – (b) The law enforcement agency with the closest physical location to the residence of the person;
(b) The law enforcement agency with the closest physical location to the residence of the person;
A mental health professional who exercises reasonable care in determining that he or she:
A mental health professional who exercises reasonable care in (a) Has a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information.
(a) Has a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information.
or (b) Modify any duty of a mental health professional to take precautions to prevent harm by a patient:
or - 79th Session (2017) – 3 – (b) Modify any duty of a mental health professional to take precautions to prevent harm by a patient:
or (2) Who is being discharged from such a facility.
or 5.
5.
(As used in this section, “mental health professional” includes:
As used in this section, “mental health professional” includes:
- *AB429_R1* – 4 – (d) A registered nurse who:
(d) A registered nurse who:
and (g) A person who is working in this State within the scope of his or her employment by the Federal Government, including, without limitation, employment with the Department of Veterans Affairs, the military or the Indian Health Service, and is:
and or her employment by the Federal Government, including, withoutf his limitation, employment with the Department of Veterans Affairs, the military or the Indian Health Service, and is:
Sec.
- 79th Session (2017) – 4 – Sec.
and - *AB429_R1* – 5 – W HEREAS , This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state;
and W HEREAS , This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licWnHEREAS a, This Compact recognizes that states have a vested interest in protecting the public’s health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety;
and W HEREAS , This Compact recognizes that states have a vested interest in protecting the public’s health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety;
2.
- 79th Session (2017) – 5 – 2.
Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
Invest all compact states with the authority to hold licensed compact state licenses.le through the mutual recognition of ARTICLE II.
ARTICLE II.
DEFINITIONS A.
D EFINITIONS A.
- *AB429_R1* – 6 – C.
C.
“Compact state” means a state, the District of Columbia or United States territory that has enacted this Compact and which has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.
“Compact state” means a state, the District of Columbia or United States territory that has enacted this Compact and which - 79th Session (2017) – 6 – has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.
“Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for collecting, storing and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.
“Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for licensure and enforcement activities related to psychologyts’ licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.
- *AB429_R1* – 7 – N.
N.
“Home state” means a compact state where a psychologist is licensed to practice psychology.
“Home state” means a compact state where a psychologist more than one compact state, and is practicing under theis licensed in authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered.
If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered.
P.
- 79th Session (2017) – 7 – P.
Q.
certificate issued by the Association of State and Provincials a Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.
“Interjurisdictional practice certificate (IPC)” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.
“Rule” means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission and has the force and effect of statutory law in a - *AB429_R1* – 8 – compact state, and includes the amendment, repeal or suspension of an existing rule.
“Rule” means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the compact state, and includes the amendment, repeal or suspension of an existing rule.
Y.
- 79th Session (2017) – 8 – Y.
“Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to- face practice, within the limits authorized under this Compact, in another compact state.
“Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to- face practice, within the limits authorized under this Compact, in anoCC.r c“Temporary in-person, face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
CC.
“Temporary in-person, face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
H OME S TATE LICENSURE A.
H OME STATE LICENSURE A.
Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a - *AB429_R1* – 9 – license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
1.
- 79th Session (2017) – 9 – 1.
Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact;
Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of similar authority, not later than 10 years after activation of the Compact;
- *AB429_R1* – 10 – ARTICLE IV.
ARTICLE IV.
3 C OMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY 5 A.
C OMPACT PRIVILEGE TO PRACTICE T ELEPSYCHOLOGY A.
B.
- 79th Session (2017) – 10 – B.
Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
Hold a graduate degree in psychology from an institute of highera.
a.
Regionallyat accreditede tbye tan deaccreditingarbody recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees;
Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees;
e.
sufficient in size and breadth to carry out its responsibilities;
There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
- *AB429_R1* – 11 – h.
h.
3.
- 79th Session (2017) – 11 – 3.
Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission;
Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge states, and provide a release of information to allow for primary source verification in a manner specified by the Commission;
- *AB429_R1* – 12 – ARTICLE V.
ARTICLE V.
3 C OMPACT T EMPORARY A UTHORIZATION TO PRACTICE 5 A.
C OMPACT TEMPORARY AUTHORIZATION TO PRACTICE A.
Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact.
Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant - 79th Session (2017) – 12 – states) in which the psychologist is not licensed, as provided in the Compact.
To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:
To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to pra1.iceHold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
1.
Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
d.
sequence of study;rogram must consist of an integrated, organized e.
The program must consist of an integrated, organized sequence of study;
e.
- *AB429_R1* – 13 – h.
h.
and j.
and - 79th Session (2017) – 13 – j.
Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission;
Provide attestations in regard to areas of intended to allow for primary source verification in a manner specified by the Commission;
- *AB429_R1* – 14 – ARTICLE VI.
ARTICLE VI.
3 C ONDITIONS OF TELEPSYCHOLOGY PRACTICE IN AR ECEIVING S TATE 6 A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN AR ECEIVING STATE A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in - 79th Session (2017) – 14 – the rules of the Commission, and under the following circumstances:
ADVERSE A CTIONS A.
ADVERSE ACTIONS A.
- *AB429_R1* – 15 – 3.
3.
In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
In such cases, the home state’s law - 79th Session (2017) – 15 – shall control in determining any adverse action against a psychologist’s license.
A DDITIONAL A UTHORITIES INVESTED IN A C OMPACT STATE ’SP SYCHOLOGY R EGULATORY AUTHORITY A.
A DDITIONAL AUTHORITIES NVESTED IN A C OMPACT STATE ’SP SYCHOLOGY REGULATORY AUTHORITY A.
Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and - *AB429_R1* – 16 – procedure in considering subpoenas issued in its own proceedings.
Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings.
and 2.
and - 79th Session (2017) – 16 – 2.
Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure.
Once an investigation has been psychologist may change his or her home state licensure.
The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission.
Thee Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission.
C OORDINATED LICENSURE INFORMATION SYSTEM A.
C OORDINATED LICENSURE INFORMATION S YSTEM A.
- *AB429_R1* – 17 – 5.
5.
7.
- 79th Session (2017) – 17 – 7.
ESTABLISHMENT OF THE P SYCHOLOGY INTERJURISDICTIONAL COMPACT C OMMISSION A.
E STABLISHMENT OF THE P SYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION A.
The Commission is a body politic and an instrumentality of the compact states.
The Commission is a body politic and an instru2.ntVenue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
2.
Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
The state psychology regulatory - *AB429_R1* – 18 – authority shall appoint its delegate.
The state psychology regulatory authority shall appoint its delegate.
a.
- 79th Session (2017) – 18 – a.
or c.
or authority to act on behalf of the compact state.priate delegate 2.
A designee empowered with the appropriate delegate authority to act on behalf of the compact state.
2.
b.
personnel matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
- *AB429_R1* – 19 – g.
g.
h.
- 79th Session (2017) – 19 – h.
Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact;
Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission determination of compliance issues pursuant to the Compact;
or j.
oron or j.
and b.
and authority or function of the Commission.ecific delegation of any 3.
Governing any general or specific delegation of any authority or function of the Commission.
3.
- *AB429_R1* – 20 – 4.
- 79th Session (2017) – 20 – 4.
Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission.
Providing reasonable standards and procedures for the Commission.
To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
To bring and prosecute legal proceedings or actions in state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times - *AB429_R1* – 21 – the Commission shall strive to avoid any appearance of impropriety or conflict of interest;
To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to - 79th Session (2017) – 21 – receive, utilize and dispose of the same, provided that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest;
To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the Commission shall strive to avoid any appearance of impropriety;
To lease, purchase, accept appropriate gifts or property, real, personal or mixed, provided that at all times the Commission shall strive to avoid any appearance of impropriety;
1.
members:
The Executive Board shall be comprised of six members:
The Executive Board shall be comprised of six a.
a.
a.
- 79th Session (2017) – 22 – a.
Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by - *AB429_R1* – 22 – compact states, such as annual dues, and any other applicable fees;
Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by compact states, such as annual dues, and any other applicable fees;
b.
appropriately provided, contractual or otherwise;
Ensure compact administration services are appropriately provided, contractual or otherwise;
services are c.
c.
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all compact states.
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promul4.teThe Commission shall not incur obligations of any kind before securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
4.
The Commission shall not incur obligations of any kind before securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
1.
- 79th Session (2017) – 23 – 1.
The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, - *AB429_R1* – 23 – error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other error or omission that occurred, or that the person against whomd act, the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual commission employment, duties or responsibilities, or that suche of person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
R ULEMAKING A.
RULEMAKING A.
The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder.
The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules - 79th Session (2017) – 24 – adopted thereunder.
If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.
If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same further force and effect in any compact state.le shall have no C.
C.
- *AB429_R1* – 24 – D.
D.
Before adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
Before adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and argG.entThe Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
G.
The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify - 79th Session (2017) – 25 – at the hearing not less than five (5) business days before the scheduled date of the hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportu3.tyNo transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript.
3.
No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript.
This subsection - *AB429_R1* – 25 – shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.
This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.
Upon determination that an emergency exists, the prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.
M.
- 79th Session (2017) – 26 – M.
A challenge shall be made in writing, and delivered to the Chair of the Commission before the end of the notice period.
A challenge shall be made in writing, and delivered to the Chair of the Commission before the end of the without further action.
If no challenge is made, the revision will take effect without further action.
If the revision is challenged, the revisionct may not take effect without the approval of the Commission.
If the revision is challenged, the revision may not take effect without the approval of the Commission.
ARTICLE XII.
- *AB429_R1* – 26 – ARTICLE XII.
O VERSIGHT , DISPUTE R ESOLUTION AND E NFORCEMENT A.
3 O VERSIGHT , ISPUTE R ESOLUTION AND E NFORCEMENT 5 A.
Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default and any other action to be taken by the Commission;
Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed - 79th Session (2017) – 27 – means of remedying the default and any other action to be taken by the Commission;
2.
defaulting state may be terminated from the Compact upon ant, the affirmative vote of the majority of the compact states, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination.
If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of the majority of the compact states, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination.
Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and - *AB429_R1* – 27 – minority leaders of the defaulting state’s legislature, and each of the compact states.
Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.
The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices.
The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its costs of such litigation, including reasonable attorney’s fees.
The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
2.
- 79th Session (2017) – 28 – 2.
- *AB429_R1* – 28 – ARTICLE XIII.
ARTICLE XIII.
3 DATE OF IMPLEMENTATION OF P SYCHOLOGY INTERJURISDICTIONAL C OMPACT C OMMISSION AND ASSOCIATED R ULES, W ITHDRAWAL AND AMENDMENT 8 A.
DATE OF IMPLEMENTATION OF P SYCHOLOGY INTERJURISDICTIONAL C OMPACT COMMISSION AND ASSOCIATED RULES , W ITHDRAWAL AND AMENDMENT A.
B.
Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state.
Any state which joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state.
Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.
Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other - 79th Session (2017) – 29 – cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.
No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
No upon any compact state until it is enacted into the law of all compact states.
C ONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof.
CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof.
If this Compact shall be held contrary to the - *AB429_R1* – 29 – constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.
If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.
(b) Does not relieve any person from criminal prosecution for practicing without a license.
(b) Does not relieve any person from criminal prosecution for praSec.
Sec.
23.witNRS 641.390 is hereby amended to read as follows:
23.
NRS 641.390 is hereby amended to read as follows:
This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.
This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that - 79th Session (2017) – 30 – of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.
This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person.
This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the Persons who have earned a doctoral degree in psychology from anerson.
Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.
accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.
- *AB429_R1* – 30 – 5.
5.
A person who is licensed as a psychologist pursuant to chapter 641 of NRS [;] or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act;
A person who is licensed as a psychologist pursuant to chapter 641 of NRS [;] or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact ena4.ed A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
4.
A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor, or certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor, or certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem - 79th Session (2017) – 31 – gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
10.
social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker;
Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker;
- *AB429_R1* – 31 – 2.
2.
A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
A nurse who is licensed pursuant to the provisions of chapter of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;
A clinical professional counselor or clinical professional cou5.eloA marriage and family therapist or marriage and familyRS;
5.
therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
Except as otherwise expressly provided in a particular statute or required by the context, “licensed psychologist” means a psychologist licensed pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act.
- 79th Session (2017) – 32 – Except as otherwise expressly provided in a particular statute or required by the context, “licensed psychologist” means a psychologist licensed pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the this act.y Interjurisdictional Compact enacted in section 21 of Sec.
Sec.
(d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.
(d) A nurse who is licensed pursuant to the provisions of chapter of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.
(e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact - *AB429_R1* – 32 – enacted in section 21 of this act, or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.
(e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act, or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.
(g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling problem gamblers.
therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling problem gamblers.
689A.048 If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist .
689A.048 If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of - 79th Session (2017) – 33 – the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist .
695B.197 If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist .
provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist .
(Deleted by amendment.) H - *AB429_R1*
(Deleted by amendment.) 20~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 173.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. Placed on Second Reading File.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Commerce, Labor and Energy. To committee.

  9. In Senate.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: 1.) To Senate.

  11. From printer. To engrossment. Engrossed. First reprint .

  12. Read second time. Amended. (Amend. No. 422.) To printer.

  13. Placed on Second Reading File.

  14. From committee: Amend, and do pass as amended.

  15. Notice of eligibility for exemption.

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

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AB 429 is sponsored by Health and Human Services.
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This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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