(NRS 437.130-437.140, 437.200-437.200-437.490) 437.490) Sections 14, 16-23, 25, 26, 28, 29, 34, 36, 38 and 42 of this bill transfer - 80th Session (2019) – 2 – the responsibilities to issue, renew, suspend, revoke and reinstate licenses, impose disciplinary action against licensees and registrants and prescribe fees to the Board, while still requiring the Division to collect applications, conduct investigations, disburse money and hold disciplinary hearings.

Section 14 of this bill authorizes the Board to delegate those responsibilities to the Division exceptor for making the imposition of other disciplinary action.

Sections 2, 3 and 8 of this bill makeemakea license conforming changes.

Existing law provides that persons who provide certain services that could otherwise constitute applied behavior analysis are exempt from requirements to be licensed or registered to practice applied behavior analysis if they do not provide applied behavior analysis services directly to natural persons.

(NRS 437.065)rovide437.065) Section 10 of this bill provides that such persons are exempt from those licensure or registration requirements ifnatural theypersons.therwise do not otherwise separately provide applied behavior analysis services directly to naturalExisting persons.law requires a behavior analyst or assistant behavior analyst to complete continuing education prescribed by the Board.

Existing law requires a behavior analyst or assistant behavior analyst to complete continuing education prescribed by the Board.

Existing law requires each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician to undergo a criminal background check.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

-Assembly 80thAmendment SessionNo. (2019) – 3 – Sec.

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258 First Reprint Page 5 Sec.

437.020 “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, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician has his or her office.

Willful and consistent use of methods and procedures certifieddconsidered behavioriorby interventionists]ntoreharegisteredstbehaviortebehavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, as applicable, in the community to be inappropriate or unnecessary in the cases where used.

- 80th Session (2019) – 4 – Sec.

and antecedent2. stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.

The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.

2.Assembly Amendment No.

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258 First Reprint Page 6 2.

437.060Sec. The provisions of this chapter do not apply to:ows:

9.

NRS 437.060 is hereby amended to read as follows:

437.060 The provisions of this chapter do not apply to:

- 80th Session (2019) – 5 – 7.

9.

Any member of the clergy;

(c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not otherwise separately provide applied behavior analysis services directly to natural persons;

and -Assembly 80thAmendment SessionNo. (2019) – 6 – (b) Shall not represent or imply that he or she is licensed [, certified] or registered [by the Division.] pursuant to this chapter.

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258 First Reprint Page 7 (b) Shall not represent or imply that he or she is licensed [, certified] or registered [by the Division.] pursuant to this chapter.

(a) A program in applied behavior analysis offered by the col(b)college Anor internshipuniversity orin fellowship.rwhich he or she is enrolled;

or 2.(b) An internship or fellowship.

2.

The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts [, state certified behavior interventionists] and registered behavior technicians limit competence.icetheir practice of applied behavior analysis to their areas of Sec.competence.

Sec.

- 80th Session (2019) – 7 – [1.] (a) Examine and pass upon the qualifications of applicants for licensure [, certification] and registration.

Collect all fees and make disbursements pursuant to this chapter.] may2. delegate to the Division, in whole or in part, any dutye Board prescribed by subsection 1.

Except as otherwise provided in this subsection, the Board may delegate to the Division, in whole or in part, any duty prescribed by subsection 1.

and (c)Assembly PerformAmendment anyNo. duty delegated by the Board pursuant to subsection 2.

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258 First Reprint Page 8 (c) Perform any duty delegated by the Board pursuant to subsection 2.

regulation,437.140 fees1. for the issuance, renewal and reinstatement of a by license [, certificate] or registration and any other services provided by the Division pursuant to this chapter.

The [Division] Board shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license [, certificate] or registration and any other services provided by the Division pursuant to this chapter.

Money received from the licensure of behavior analysts and assistant behavior analysts [, certification of state certified behavior interventionists] and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the - 80th Session (2019) – 8 – Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund.

437.145 1.

The Division shall make and keep:

The charging documents filed with the Division to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Division and theotherthe Board when determining whether to impose discipline are public records.

Sec.Assembly Amendment No.

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258 First Reprint Page 9 Sec.

- 80th Session (2019) – 9 – (a) Make application to the Division upon a form and in a manner prescribed by the Division.

(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Divisi(2)Division; Submit to the Division:

and (2) Submit to the Division:

(a)2. Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary;

The Division may:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub- subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary;

An applicant for registration as a registered behavior technician is not required to comply with paragraph (b) of subsection 1 if he or she submits to the Division verification from - 80th Session (2019) – 10 – a supervising psychologist, behavior analyst or assistant behavior analyst that:

and (b) It is the policy of the Behavior Analyst Certification Board, Inc., or its successor organization, to conduct an investigation into the criminal background of an applicant for registration as a registered behavior technician or an equivalent credential that includes the submission of fingerprints to the Federal Bureau of Investigation.

(a)Assembly AAmendment completeNo. set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section [.] ;

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258 First Reprint Page 10 (a) A complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section [.] ;

(a) Is of good moral character as determined by the [Division.] Boa(b)Board. Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

- 80th Session (2019) – 11 – (c) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

[Each application for certification as a state certified behavior interventionist must contain proof that the applicant meets the qualifications prescribed by regulation of the Board, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in int4.]st Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

4.] Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

If the [Division] Board determines that the qualifications of the applicant are insufficient for licensure [, certification] or registration, the written statement issued to the applicant pursuant to subsection [5] 4 must include a detailed explanation of the reasons for that determination.edetermination. a detailed Sec.

Sec.

(b)Assembly AnAmendment applicantNo. for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician shall submit to the Aging and Disability - 80th Session (2019) – 12 – Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

734 to Senate Bill No.

258 First Reprint Page 11 (b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician shall submit to the Aging and Disability Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

or 3.)(b) AAA licenseseparate asform aprescribed behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must not be issued or renewed by the [AgingDivision. and Disability Services Division] Board if the applicant:

3.

A license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must not be issued or renewed by the [Aging and Disability Services Division] Board if the applicant:

or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Aging and Disability Services Division shall advise the applicant to contact the district attorney or other public agency takeenforcing tothe satisfyorder theto arrearage.nedetermine the actions that the applicant may Sec.take to satisfy the arrearage.

Sec.

- 80th Session (2019) – 13 – (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;

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258 First Reprint Page 12 3.

or (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,  wSec.whichever occurs later.

Sec.

- 80th Session (2019) – 14 – (a) Proof satisfactory to the [Division] Board that the applicant:

and (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

District of Columbia or any state or territory of (b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;

or (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,  whichever occurs later.

At any time before making a final decision on an application for a license by endorsement pursuant to this section, the [Division] Board may grant a provisionalAssembly licenseAmendment authorizingNo. an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

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258 First Reprint Page 13 provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

To renew a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior - 80th Session (2019) – 15 – interventionist] or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-odd-numbered numbered year:

(1) Of completion of the requirements for continuing education as set forth in regulations adopted by the [Division,] Board, (2)if Thatapplicable; the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing;

and (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing;

and (b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-basedfevidence-based suicide prevention and awareness.

In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must indicate in the application submitted to the Division - 80th Session (2019) – 16 – whether the applicant has a state business license.

If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

(a) The applicant fails to submit the information required by subsection 1;

orcantor failsAssembly toAmendment submitNo. the information required by (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

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258 First Reprint Page 14 (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

The [Division] Board may, within 2 years after the date the license [, certificate] or registration is so suspended, reinstate the license [, certificate] or registration uponoupon payment to the Division of the amount of the then current biennial fee for the renewal of a license [, certificate] or registration and the amount of the fee for the restoration of a license [, certificate] or registration so suspended.

- 80th Session (2019) – 17 – 2.

The [Division] Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the Division finds by a preponderance of the evidence that the person has:

finds by a preponderance of the (a) Been convicted of a felony relating to the practice of applied behavior analysis.

(h)(g) HadViolated a license,regulation certificateadopted or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the UnitedBoard. States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

(h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 15 against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

- 80th Session (2019) – 18 – (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

(n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

a false claim for payment to (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

If the Division or a hearing officer appointed by the Division finds a person guilty in a disciplinary proceeding, the receivingDivision suchshall notice,transmit thenotice Boardof may:tthat finding to the Board.

Upon (a)receiving Administersuch anotice, publicthe reprimand.Board may:

(a) Administer a public reprimand.

- 80th Session (2019) – 19 – (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the [Division.] Board.

The [Division] Board shall not administer a private rep3.manAnreprimand. order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 16 3.

An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

The [Division] Board shall reinstate a license [, certificate] or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives and transmits to the Board a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license [, certificate] or registration was suspended stating that the person whose license [, certificate] or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

- 80th Session (2019) – 20 – 2.

and (c) The witness has failed or refused to attend or produce the propoundedarticles torequired himby orthe her,subpoenasubpoena or has refused to answer questions propounded to him or her,  and asking for an order of the court compelling the witness to attend and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.

The Division, the Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians which becomes aware that any one or aregistereda combination of the grounds for initiating disciplinary action may existAssembly asAmendment toNo. a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.

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258 First Reprint Page 17 exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.

- 80th Session (2019) – 21 – 1.

The Division shall request the approval of the Board to conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has Divisionviolated shallNRS conduct437.500. such an investigation.e Board, the 2.

Upon the approval of the Board, the Division shall conduct such an investigation.

2.

Each violation of NRS 437.500 constitutes a separate offense for whi4.which a separate citation may be issued.

a4. For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

If the Division retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, - 80th Session (2019) – 22 – suspension or revocation of the license [, certificate] or registration.

2.Assembly Amendment No.

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258 First Reprint Page 18 2.

The [Division] Board sha(a)shall: Dismiss the complaint;

(a) Dismiss the complaint;

437.455.Sec.

NRNotwithstanding36. the provisions of chapter 622A of NRS, if the [Division or a hearing officer] Board issues an order suspending the license of a behavior analyst or assistant behavior analyst [, certificate of a state certified behavior interventionist] or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the [Division or hearing officer] Board issues the order.

-NRS 80th437.455 Sessionis (2019)hereby –amended 23to –read Sec.as follows:

437.455 Notwithstanding the provisions of chapter 622A of NRS, if the [Division or a hearing officer] Board issues an order suspending the license of a behavior analyst or assistant behavior analyst [, certificate of a state certified behavior interventionist] or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the [Division or hearing officer] Board issues the order.

Sec.

A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician is conclusive evidence of its occurrence.

437.475Assembly 1.RSAmendment 43NotwithstandingNo. the provisions of chapter 622A of NRS:

[1.]734 (a) Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoinSenate anyBill unprofessionalNo. conduct of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst [, certificate to practice as a state certified behavior interventionist] or - 80th Session (2019) – 24 – registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

258 First Reprint Page 19 Sec.

39.

NRS 437.475 is hereby amended to read as follows:

437.475 1.

Notwithstanding the provisions of chapter 622A of NRS:

[1.] (a) Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst [, certificate to practice as a state certified behavior interventionist] or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

the437.480 Attorney1. General may maintain in any court of competent, or jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician without the proper license [, certificate] or registration .

The Division , with the approval of 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 437.510 or as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician without the proper license [, certificate] or registration .

437.485 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Division, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst [, certification of a state certified behavior interventionist] or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

- 80th Session (2019) – 25 – (b) Whose license [, certificate] or registration has been revoked;

or (c) Who has been placed on probation,  by an order of the [Division or a hearing officer] Board may apply to the Division after 1 year for removal of the limitation or termination of the probation or mayAssembly applyAmendment toNo. the Division pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license [, certificate] or registration.

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258 First Reprint Page 20 may apply to the Division pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license [, certificate] or registration.

conditions(a) andMay ofrequire fitnessthe asperson itto considerssubmit proper.encesuch evidence of changed (b)conditions Shalland determine whether under all the circumstances the time of thefitness applicationas isit reasonable.considers proper.

(b) Shall determine whether under all the circumstances the time of the application is reasonable.

A licensed assistant behavior analyst shall not supervisionprovide of:rviseor supervise behavioral therapy except under the (a)supervision Aof: licensed psychologist;

(a) A licensed psychologist;

- 80th Session (2019) – 26 – 2.

Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, unless he or she has been issued a license [, certificate] or registration as required by this chapter;

Sec.Assembly Amendment No.

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258 First Reprint Page 21 Sec.

The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self- insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the reaches the age of 2218 years.ledyears or, if enrolled in high school, until the person 2.reaches the age of 22 years.

2.

- 80th Session (2019) – 27 – (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance;

Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

 A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and6.eviA plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and anyreview provisiona oftreatment the plan ofcreated self-insurancepursuant orto thethis renewalsubsection. which is in conflict with subsection 1 or 2 is void.

6.

A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsection 1 or 2 is void.

Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides healthAssembly insuranceAmendment throughNo. a plan of self-insurance to provide reimbursement to a school for services delivered through school services.

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258 First Reprint Page 22 health insurance through a plan of self-insurance to provide reimbursement to a school for services delivered through school services.

- 80th Session (2019) – 28 – (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-basedevidence- based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- 80th Session (2019) – 29 – (i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

tests to diagnose (m) [“State certified behavior interventionist” has the meaning ascribed to it in NRS 437.055.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developedAssembly pursuantAmendment toNo. a comprehensive evaluation in coordination with a licensed behavior analyst.

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258 First Reprint Page 23 developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

(c) Develop plans, conduct and arrange for research and dem(d)demonstration Provide technical assistance and consultation to political subdivisions with respect to programs forin the agedfield andof aging.

(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the - 80th Session (2019) – 30 – conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

(b) Work with persons with disabilities, persons interested in governmentalmatters agenciesrelating in:nsto persons with disabilities and state and local (1)governmental Developingagencies andin: improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed;

(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed;

To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsect(1)subsection, Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division toshall: each of the local governmental agencies that provides services or programs to persons with disabilities;

(2)(1) WorkProvide withtechnical countiesassistance andto other local governmental entitiesagencies, inincluding, thiswithout Statelimitation, thatassistance doin notestablishing providean serviceselectronic ornetwork programsthat connects the Division to personseach withof disabilitiesthe tolocal establishgovernmental suchagencies that provides services or programs;programs to persons with disabilities;

Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 24 (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs;

- 80th Session (2019) – 31 – (e) Administer the following programs in this State that provide services for persons with disabilities:

(3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

persons who are deaf and (4) Any state program for independent living established pursuant to 29 U.S.C.

(1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services;

anddualand service (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

- 80th Session (2019) – 32 – (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educ(5)educational Recommendssetting; strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

3.and (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 25 3.

2.

A person who is licensed to practice dentistry in this State;

A person who is licensed as a marriage and family therapiste;therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

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 - 80th Session (2019) – 33 – counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

or 9. if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

Any member of the clergy,  if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for optional coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy;

or (b)Assembly RefuseAmendment toNo. issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

734 to Senate Bill No.

258 First Reprint Page 26 (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or - 80th Session (2019) – 34 – rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

 An insurer may request a copy of and review a treatment plan cre6.edcreated Nothingpursuant into this sectionsubsection. shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.

6.

Nothing in this section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-basedevidence- based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior tec(d)technician “Evidence-based. research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

[or state certified behavior interventionist.] (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services - 80th Session (2019) – 35 – Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

(g) “Licensed behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behaviorAssembly analystAmendment byNo. the Aging and Disability Services Division of the Department of Health and Human Services.

licensed734 physician and any health-related services deemed medically necessary to determineSenate theBill needNo. or effectiveness of the medications.

258 First Reprint Page 27 behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.

(h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to aciana or comprehensive evaluation in coordination with a licensed behavior analyst.

and - 80th Session (2019) – 36 – (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.

(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy;

orsor than is required (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

and (b)Assembly ProvidedAmendment forNo. a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

created734 pursuant to thisSenate subsection.ndBill reviewNo. a treatment plan 6.

258 First Reprint Page 28 (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

 An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

6.

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially - 80th Session (2019) – 37 – significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-basedevidence- based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst,avioranalyst, licensed assistant behavior analyst [,] or registered behavior technician .

(g) “Licensed behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.

- 80th Session (2019) – 38 – (j) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

(k)Assembly “RegisteredAmendment behaviorNo. technician” has the meaning ascribed to it in NRS 437.050.

734 to Senate Bill No.

258 First Reprint Page 29 (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

(m) [“State certified behavior interventionist” has the meaning asc(n)]ascribed “Therapeuticto care”it meansin servicesNRS provided437.055. by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

(n)] “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

and (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs coveredhecovered by the plan.

- 80th Session (2019) – 39 – 4.

(a) Prescribed for a person diagnosed with an autism spectrum dis(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician,physician licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician,psychologist; psychologist or behavior analyst.

and (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

8.Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 30 8.

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-basedevidence- based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

[or state certified behavior interventionist.] - 80th Session (2019) – 40 – (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

(j) “Psychological care” means direct or consultative services psychologistprovided practices.istby a psychologist licensed in the state in which the (k)psychologist “Registeredpractices. behavior technician” has the meaning ascribed to it in NRS 437.050.

(k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or - 80th Session (2019) – 41 – licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

Sec.Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 31 Sec.

A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care personplan reachesunder the age of 2218 years.ifyears or, if enrolled in high school, until the 2.person reaches the age of 22 years.

2.

Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits autisman spectrumenrollee disorders.ymay make to any person, entity or group for treatment of 5.autism spectrum disorders.

5.

- 80th Session (2019) – 42 – 6.

(a)8. “Applied in tbehaviorion:analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

As used in this section:

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-basedevidence- based research, including, without limitation, discrete trial training, early intensive behavioralAssembly intervention,Amendment intensiveNo. intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

734 to Senate Bill No.

258 First Reprint Page 32 behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs,ing,programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

- 80th Session (2019) – 43 – (g) “Licensed behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.

(i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which theesthe psychiatrist practices.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior anaSec.analyst.

Sec.

A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to personsAssembly coveredAmendment byNo. the - 80th Session (2019) – 44 – health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

734 to Senate Bill No.

258 First Reprint Page 33 persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

care4. plan which provides coverage for outpatient care shall not:th (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;

A managed care organization that offers or issues a health care plan which provides coverage for outpatient care shall not:

(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;

and (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

- 80th Session (2019) – 45 – 9.

(b) “Autism spectrum disorder” has the meaning ascribed to it in NRS(c)NRS “Behavioral427A.875. therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

[or(c) state“Behavioral certifiedtherapy” behaviormeans interventionist.]any (d)interactive “Evidence-basedtherapy research”derived meansfrom researchevidence- thatbased appliesresearch, rigorous,including, systematicwithout limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and objectiveverbal proceduresbehavior toprovided obtainby valida knowledgelicensed relevantpsychologist, tolicensed autismbehavior spectrumanalyst, disorders.licensed assistant behavior analyst [,] or registered behavior technician .

[or state certified behavior interventionist.] Assembly Amendment No.

734 to Senate Bill No.

258 First Reprint Page 34 (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- 80th Session (2019) – 46 – (i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(l) “Screening for autism spectrum disorders” means medically whethernecessary aassessments, personevaluations hasor antests autismto spectrumscreen disorder.reen and diagnose (m)whether [“Statea certifiedperson behavior interventionist” has thean meaningautism ascribedspectrum todisorder. it in NRS 437.055.

(m) [“State certified behavior interventionist” has the meaning ascribed to it in NRS 437.055.

Any disciplinary or other administrative action taken against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician by the Aging and Disability Services Division of the Department of Health and Human Services before July 1, 2019, remains in effect as if the action had been taken by the Board of Applied Behavior Analysis.

(a)Assembly ShallAmendment beNo. deemed to be issued by the Board of Applied Behavior Analysis;

734 to Senate Bill No.

258 First Reprint Page 35 (a) Shall be deemed to be issued by the Board of Applied Behavior Analysis;

- 80th Session (2019) – 47 – Sec.

Notwithstanding the amendatory provisions of section 16 of this act transferring authority to adopt regulations prescribing fees for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst from the Aging and Disability Services Division of the Department of Health and Human Services to the Board of Applied Behavior Analysis, any regulations adopted by the Board of Psychological Examiners pursuant to NRS 641.100 and 641.228, before July 1, 2019, that prescribe fees for the issuance or renewal of the license of a behavior analyst or assistant behavior analyst remain in effect and may be enforced by the Aging and Disability Services Division of the Department of Health anddand Human Services until the Board of Applied Behavior Analysis adopts regulations to repeal or replace those regulations.

~~~~~TEXT 19OF -REPEALED 80thSECTION Session437.055 (2019)“State certified behavior interventionist” defined.

“State certified behavior interventionist” means a person who is certified as such by the Division and provides behavioral therapy under the supervision of:

1.

A licensed psychologist;

2.

A licensed behavior analyst;

or 3.

A licensed assistant behavior analyst.