Nevada 2019 Regular Session Status: Enacted

AB 453 — Revises provisions relating to the Board of Psychological Examiners. (BDR 54-934)

Last action — Chapter 187.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

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Advancing 50% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to professions; revising the membership of the Board of Psychological Examiners; providing that certain provisions governing persons licensed as psychologists also apply to persons registered as psychological assistants, psychological interns and psychological trainees; revising the requirements for licensure by endorsement to practice as a psychologist; revising the requirements for an application for the initial registration as a psychological assistant, psychological intern or psychological trainee to be considered complete and received; revising provisions relating to the amount of fees that the Board charges and collects; revising provisions relating to service of process; revising provisions governing investigations of complaints filed with the Board; providing that certain out-of-state orders are conclusive evidence of the occurrence of other disciplinary actions; providing a penalty; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

967 added · 963 removed

967 line(s) added, 963 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 4.5) (Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
453 A SSEMBLY B ILLN O.
453–Committee on Commerce and Labor CHAPTER..........
453–COMMITTEE ON C OMMERCE AND LABOR M ARCH 25, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to the Board of Psychological Examiners.
(BDR 54-934) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for a Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law creates the Board of Psychological Examiners and provides that the Board consists of six members who are appointed by the Governor.
Legislative Counsel’s Digest:
Existing law creates the Board of Psychological Examiners and provides that the Board consists of six members who are appointed by the Governor.
(NRS 641.040) Section 1 of this bill provides that the Board consists of seven members.
(NRS 641.040) Section 1 of this bill provides that the Board to be a licensed psychologist who:
Section 1.3 of this bill requires the additional member - *AB453_R1* – 2 – to be a licensed psychologist who:
Existing law requires the Secretary-Treasurer of the Board of Psychological Examiners to make and keep, on behalf of the Board, a register of licenses to Existing law authorizes the Board to enter into an agreement with the Department) of Health and Human Services or a division thereof for certain types of administrative assistance, including assistance in processing applications for the issuance or renewal of licenses to practice psychology.
Existing law requires the Secretary-Treasurer of the Board of Psychological Examiners to make and keep, on behalf of the Board, a register of licenses to practice psychology and a register of all holders of such licenses.
(NRS 641.090) of Health and Human Services or a division thereof for certain types ofepartment administrative assistance, including assistance in processing applications for the issuance or renewal of licenses to practice psychology.
Existing law provides the grounds for the Board to commence disciplinary further establishes the procedure used by the Board for pursuing disciplining actions against a person who is licensed to practice psychology.
actions against a person who is licensed to practice psychology.
(NRS 641.230- 641.320) Existing law sets forth the appeals process that a person may pursue if the person is aggrieved by:
Existing law further establishes the procedure used by the Board for pursuing disciplining actions against a person who is licensed to practice psychology.
(NRS 641.230- 80th Session (2019) – 2 – 641.320) Existing law sets forth the appeals process that a person may pursue if the person is aggrieved by:
(NRS 641.440) Sections 5-9 and 11-23 of this bill provide that these provisions also apply to psychological trainees.red as psychological assistants, psychological interns or Existing law provides the requirements that a person must satisfy to be issued a license by endorsement to practice as a psychologist by the Board.
(NRS 641.440) Sections 5-9 and 11-23 of this bill provide that these provisions also apply to persons who are registered as psychological assistants, psychological interns or psychological trainees.
Existing law provides the requirements that a person must satisfy to be issued a license by endorsement to practice as a psychologist by the Board.
Existing law provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives a complete set of fingerprints or verification that the fingerprints of the applicant have been 641.226) Section 4 of this bill provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board also receives the fee for the initial registration of a psychological assistant, psychological intern or psychological trainee prescribed by the Board.
Existing law provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives a complete set of fingerprints or verification that the fingerprints of the applicant have been forwarded to the Central Repository for Nevada Records of Criminal History.
(NRS 641.226) Section 4 of this bill provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board also receives the fee for the initial registration of a psychological assistant, psychological intern or psychological trainee prescribed by the Board.
Section 4.5 further requires the Board to charge and collect the fee for certain licenses by endorsement and to also charge Section 4.5 additionally increases the fee amounts for the biennial renewal of ad.
Section 4.5 further requires the Board to charge and collect the fee for certain licenses by endorsement and to also charge and collect the biennial fee for the renewal of a license, which must be prorated.
license of a psychologist and the fee amounts relating to the restoration of a license.
Section 4.5 additionally increases the fee amounts for the biennial renewal of a license of a psychologist and the fee amounts relating to the restoration of a license.
(1) personal delivery of a copy of the process upon the - *AB453_R1* – 3 – person;
(1) personal delivery of a copy of the process upon the person;
(NRS 641.250) When a complaint is appears that the complaint is not frivolous, the Board may:
(NRS 641.250) When a complaint is filed with the Board, existing law requires the Board to review the complaint.
(1) retain the Attorneyt General to investigate the complaint;
If it appears that the complaint is not frivolous, the Board may:
(1) retain the Attorney General to investigate the complaint;
Section 10 also requires the Board, through the President of the Board and the investigator designated by the Board, to investigate the complaint if the Board or the investigator designed by the Board determines that the complaint is Existing law requires the Board to conduct an investigation of each complaint which sets forth reason to believe that a person represented or practiced as a psychologist without a license.
Section 10 also requires the Board, through the President of the Board and the investigator designated by the Board, to investigate the complaint if the Board or the investigator designed by the Board determines that the complaint is not frivolous.
If, after conducting such an investigation, the Board determines that such representation or practice has occurred, the Board shall provide a written summary of the Board’s determination and supporting documents to the Attorney General.
Existing law requires the Board to conduct an investigation of each complaint which sets forth reason to believe that a person represented or practiced as a determines that such representation or practice has occurred, the Board shallhe Board 80th Session (2019) – 3 – provide a written summary of the Board’s determination and supporting documents to the Attorney General.
(NRS 641.2705) Section 11 of this bill removes this requirement to provide a written summary to the Attorney General and instead requires the Board to forward to the appropriate law enforcement agency any psychologist or psychological assistant, psychological intern or psychologicalce as a trainee without a license or registration, unless the Board determines extenuating circumstances exist.
(NRS 641.2705) Section 11 of this bill removes this requirement to provide a written summary to the Attorney General and instead requires the Board to forward to the appropriate law enforcement agency any substantiated information regarding a person who practices or offers to practice as a trainee without a license or registration, unless the Board determines extenuating circumstances exist.
Existing law provides that, in a disciplinary proceeding before the Board, a panel of its members or a hearing officer, a certified copy of the record of a to practice psychology is conclusive evidence of its occurrence.
Existing law provides that, in a disciplinary proceeding before the Board, a panel of its members or a hearing officer, a certified copy of the record of a licensing agency showing a conviction or the suspension or revocation of a license addition to such certified copies of the record, section 15 of this bill provides that, in such a disciplinary proceeding, an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is also conclusive evidence of its occurrence.
(NRS 641.285) Ine addition to such certified copies of the record, section 15 of this bill provides that, in such a disciplinary proceeding, an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is also conclusive evidence of its occurrence.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB453_R1* – 4 – (b) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.
(b) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.
(c) One member who is a licensed psychologist in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed and who is a core faculty member at a doctorate-level program or internship location that is accredited by the American Psychological Association for at least 3 years before the time of appointment.
(c) One member who is a licensed psychologist in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed and who is a core faculty member at a doctorate-level program or internship location that is accredited by the American Psychological Association for at least years before the time of appointment.
2.
80th Session (2019) – 4 – 2.
appearance of such conflicts in the performance of their duties ashe members of the Board.
4.
Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.
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Sec.
1.7.
NRS 641.090 is hereby amended to read as follows:
The Secretary-Treasurer shall make and keep onows:
The Secretary-Treasurer shall make and keep on behalf of the Board:
behalf of the Board:
Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other - *AB453_R1* – 5 – information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency 80th Session (2019) – 5 – that is investigating a person, including, without limitation, a law enforcement agency.
Facilitating cooperation with other boards and licensing ent4.iesRecommendations to improve and standardize procedures used by the Board;
Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;
and operations of the Board.entifying resources for improving the Sec.
4.
Recommendations to improve and standardize procedures used by the Board;
and 5.
Assistance in identifying resources for improving the operations of the Board.
Sec.
The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth - *AB453_R1* – 6 – in this section.
The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth in this section.
2.
80th Session (2019) – 6 – 2.
An applicant for a license by endorsement pursuant to this sec(a) Proof satisfactory to the Board that the applicant:on:
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
right to work in the United States;d States or otherwise has the legal (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a psychologist;
(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a psychologist;
- *AB453_R1* – 7 – (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;
and] 4.
and] 80th Session (2019) – 7 – 4.
and[(e)] (c) Any other information required by the Board.
and [(e)] (c) Any other information required by the Board.
Not later than 15 business days after receiving an to this section, the Board shall provide written notice to thesuant applicant of any additional information required by the Board to consider the application.
Not later than 15 business days after receiving an application for a license by endorsement as a psychologist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.
or - *AB453_R1* – 8 – (b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the Board has not previously taken disciplinary action against the licensee based on that conviction.
or (b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the Board has not previously taken disciplinary action against the licensee based on that conviction.
Sec.
80th Session (2019) – 8 – Sec.
(a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution training;
(a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training;
andlent by the Board in both subject matter and extent of (b) Wishes to perform professional activities or services under may register with the Board as a psychological trainee.
and (b) Wishes to perform professional activities or services under the supervision of a psychologist, may register with the Board as a psychological trainee.
(I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the - *AB453_R1* – 9 – Board deems necessary for a report on the applicant’s background;
(I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background;
or (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.
or 80th Session (2019) – 9 – (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.
assistant, psychological intern or psychological trainee is notcal considered complete and received until the Board receives [a] :
6.
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 [.] ;
An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives [a] :
(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 [.] ;
- *AB453_R1* – 10 – (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8.
80th Session (2019) – 10 – (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8.
For the national examination, in addition to examination.................................................................$100 For any other examination required pursuant 641.180, in addition to the actual costs to the Board of the examination........................................100 For the issuance of an initial license [, including a license by endorsement]...............................25 For the issuance of an initial license by endorsement..................................................................125 For the biennial renewal of a license of a psychologist..........................................................[500] 850 For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license..............................................[100] 200 For the restoration of a license suspended for the nonsubmission of evidence to the Board of completion of the requirements for continuing education as required for the renewal of the license.............................................200 - *AB453_R1* – 11 – For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology..........................$300 For the registration of a nonresident to practice as a consultant..................................................100 For the initial registration of a psychological assistant, psychological intern or psychological trainee.....................................................250 For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee......................................150 2.
For the national examination, in addition to the actual cost to the Board of the examination.................................................................$100 For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination........................................100 For the issuance of an initial license [, including a license by endorsement]...............................25 For the issuance of an initial license by endorsement..................................................................125 For the biennial renewal of a license of a psychologist..........................................................[500] 850 For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license..............................................[100] 200 For the restoration of a license suspended for the nonsubmission of evidence to the Board of completion of the requirements for continuing education as required for the renewal of the license.............................................200 80th Session (2019) – 11 – For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology..........................$300 For the registration of a nonresident to practice as a consultant..................................................100 For the initial registration of a psychological assistant, psychological intern or psychological trainee.....................................................250 For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee......................................150 2.
An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
endorsement pursuant to NRS 641.195, the Board shall charge and collect [not] :
4.
issuance of an initial license [.] by endorsement;
If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect [not] :
and for the (b) The biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
(a) Not more than the fee specified in subsection 1 for the issuance of an initial license [.] by endorsement;
and (b) The biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
Sec.
80th Session (2019) – 12 – Sec.
The Board may suspend or revoke a person’s license as a psychologist [,] or registration as a psychological assistant, psychological intern or psychological trainee, place the - *AB453_R1* – 12 – person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:
The Board may suspend or revoke a person’s license as a psychologist [,] or registration as a psychological assistant, psychological intern or psychological trainee, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:
(h) Had a license to practice psychology or registration to psychological trainee suspended or revoked or has had any other disciplinary action taken against the person by another state or 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 to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee suspended or revoked or has had any other disciplinary action taken 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.
(k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
80th Session (2019) – 13 – (k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
- *AB453_R1* – 13 – (n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.
(n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.
person on probation.
(g) Suspend the enforcement of any penalty by placing the person on probation.
counseling or treatment by a person designated by the Board.
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board.
Sec.
80th Session (2019) – 14 – Sec.
or [by registered or] - *AB453_R1* – 14 – (b) Sending a copy of the process by certified mail [with return receipt requested, addressed to the psychologist] to the person at his or her last known address, as indicated on the records of the Board .
or [by registered or] (b) Sending a copy of the process by certified mail [with return receipt requested, addressed to the psychologist] to the person at his or her last known address, as indicated on the records of the Board .
The Board, any member thereof, a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, the practice of psychology [.] or to the practice as a psychological assistant, psychological intern or psychological trainee.
The Board, any member thereof, a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients, and any other article related to the practice of psychology [.] or to the practice as a psychological assistant, psychological intern or psychological trainee.
article as required by the subpoena, the Board may file a petition with the district court stating that:
2.
If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may file a petition with the district court stating that:
and (c) The witness has failed or refused to attend or produce the articles required by the subpoena 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 Board, a panel of its members or a hearing officer, or produce the articles as required by the subpoena.
and (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her, 80th Session (2019) – 15 – and asking for an order of the court compelling the witness to attend and testify before the Board, a panel of its members or a hearing officer, or produce the articles as required by the subpoena.
- *AB453_R1* – 15 – 4.
4.
If, [from the complaint or from other official records, it appears] upon completing the review of the complaint, the Board complaint is not frivolous, the Board [may:
If, [from the complaint or from other official records, it appears] upon completing the review of the complaint, the Board or the investigator designated by the Board determines that the complaint is not frivolous, the Board [may:
determines that the 1.
1.
and2.
and 2.
Sec.
80th Session (2019) – 16 – Sec.
and - *AB453_R1* – 16 – (c) [Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.] Unless the Board determines that extenuating circumstances exist, shall forward to the appropriate law enforcement agency any substantiated information that has been submitted to the Board regarding a person who practices or offers to practice:
and (c) [Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.] Unless the Board determines that extenuating circumstances exist, shall forward to the appropriate law enforcement agency any substantiated information that has been submitted to the Board regarding a person who practices or offers to practice:
To appeal a citation issued pursuant to subsection 2, a within 30 days after the date of issuance of the citation.Board Sec.
To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.
Sec.
of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.
641.272 1.
Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three 80th Session (2019) – 17 – psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.
Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist , psychological assistant, psychological intern or psychological trainee to submit to an examination as provided in this section constitutes grounds for the - *AB453_R1* – 17 – immediate suspension of the psychologist’s license [.] or the psychological assistant’s, psychological intern’s or psychological trainee’s registration.
Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist , psychological assistant, psychological intern or psychological trainee to submit to an examination as provided in this section constitutes grounds for the immediate suspension of the psychologist’s license [.] or the psychological assistant’s, psychological intern’s or psychological trainee’s registration.
641.274 Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues of a psychological assistant, psychological intern or psychologicalon trainee pending proceedings for disciplinary action and requires the psychological trainee to submit to a mental or physical examination or an examination of his or her competency to practice psychology [,] or to practice as a psychological assistant, psychological intern or psychological trainee, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.
641.274 Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist or the registration of a psychological assistant, psychological intern or psychological trainee pending proceedings for disciplinary action and requires the psychologist , psychological assistant, psychological intern or 80th Session (2019) – 18 – psychological trainee to submit to a mental or physical examination or an examination of his or her competency to practice psychology [,] or to practice as a psychological assistant, psychological intern or psychological trainee, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.
A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological - *AB453_R1* – 18 – trainee or an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is conclusive evidence of its occurrence.
A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee or an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is conclusive evidence of its occurrence.
NRS:41.314 Notwithstanding the provisions of chapter 622A of 1.
641.314 Notwithstanding the provisions of chapter 622A of NRS:
Pending disciplinary proceedings before the Board, a panel by the Board or the Attorney General, issue a temporary restrainingn order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist , psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologist’s , psychological assistant’s, psychological intern’s or psychological trainee’s practice or to suspend the license to practice psychology [,] or registration to practice as a psychological assistant, psychological intern or psychological trainee, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
80th Session (2019) – 19 – 1.
Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist , psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologist’s , psychological assistant’s, psychological intern’s or psychological trainee’s practice or to suspend the license to practice psychology [,] or registration to practice as a psychological assistant, psychological intern or psychological trainee, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
The Board through its President or Secretary- Treasurer or the Attorney General may maintain in any court of - *AB453_R1* – 19 – competent jurisdiction a suit for an injunction against any person practicing [psychology] :
The Board through its President or Secretary- Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing [psychology] :
641.318 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the registering of a psychological assistant, psychological intern or psychological trainee or the discipline of a psychologist , psychological assistant, psychological intern or psychological trainee for gross malpractice, repeated malpractice, from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malSec.
641.318 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the registering of a psychological assistant, psychological intern or psychological trainee or the discipline of a psychologist , psychological assistant, psychological intern or psychological trainee for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune 80th Session (2019) – 20 – from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec.
- *AB453_R1* – 20 – (b) Shall determine whether under all the circumstances the time of the application is reasonable.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
The Commission may order the Board to issue or renew the license or applicable, only if the Commission finds that the action of the Board:
The Commission may order the Board to issue or renew the license or 80th Session (2019) – 21 – registration or modify or set aside the disciplinary action, as applicable, only if the Commission finds that the action of the Board:
(b) Exceeds the statutory authority of the agency;s;
(a) Violates constitutional or statutory provisions;
(b) Exceeds the statutory authority of the agency;
- *AB453_R1* – 21 – Sec.
Sec.
A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms resident”] or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.
A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an 80th Session (2019) – 22 – accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern ” [,” “psychological resident”] or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.
Practices psychology or practices as a psychological assistant, psychological intern or psychological trainee under a false or assumed name or falsely personates another psychologist , - *AB453_R1* – 22 – psychological assistant, psychological intern or psychological trainee of a like or different name;
Practices psychology or practices as a psychological assistant, psychological intern or psychological trainee under a false or assumed name or falsely personates another psychologist , psychological assistant, psychological intern or psychological trainee of a like or different name;
Sec.
80th Session (2019) – 23 – Sec.
TEXT OF REPEALED SECTION 641.271 Investigation of complaint by Attorney General upon retention by Board;
~~~~~ 19 80th Session (2019)
recommendation to Board;
action by Board;
authority of Attorney General to charge Board for services.
1.
If the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license.
If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in - *AB453_R1* – 23 – a manner which does not violate the right of the person charged in the2.
The Board shall promptly make a determination with respectnt.
to each complaint reported to it by the Attorney General.
The Board shall:
(a) Dismiss the complaint;
or 3.) PIf the Board retains the Attorney General pursuant to NRS 641.270, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 1.
H - *AB453_R1*
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Amendments

1 amendment

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Action History

  1. Chapter 187.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Taken from Secretary's desk. Placed on General File. Read third time. Passed. Title approved. (Yeas: 17, Nays: 4.) To Assembly.

  6. Taken from General File. Placed on Secretary's desk.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Do pass. Placed on Second Reading File. Read second time.

  9. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 36, Nays: 5, Excused: 1.) To Senate.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 493.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Assembly Committee on Commerce and Labor · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Commerce and Labor

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

What does AB 453 do?
AN ACT relating to professions; revising the membership of the Board of Psychological Examiners; providing that certain provisions governing persons licensed as psychologists also apply to persons registered as psychological assistants, psychological interns and psychological trainees; revising the requirements for licensure by endorsement to practice as a psychologist; revising the requirements for an application for the initial registration as a psychological assistant, psychological intern or psychological trainee to be considered complete and received; revising provisions relating to the amount of fees that the Board charges and collects; revising provisions relating to service of process; revising provisions governing investigations of complaints filed with the Board; providing that certain out-of-state orders are conclusive evidence of the occurrence of other disciplinary actions; providing a penalty; and providing other matters properly relating thereto.
Who sponsors AB 453?
AB 453 is sponsored by Assembly Committee on Commerce and Labor.
What is the current status of AB 453?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 453?
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