SB 165 — Establishes provisions relating to behavioral health. (BDR 54-145)

(2) an accredited internship program for psychologists with an emphasisprograms infor childthe psychology;education and training of providers of health care who may supervise behavioral health and wellness practitioners.

andEXPLANATION (3)– scholarshipsMatter for students enrolled in supervisebolded behavioralitalics healthis andnew; wellness practitioners.

healthmatter carebetween whobrackets may[omitted THEmaterial] PEOPLEis OFmaterial THEto STATEbe OFomitted. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(f)(g) A dentallicensed hygienist;nurse;t;

(g) A licensed nurse;

- *SB165_R1* – 4 – (q) A licensed psychologist;

(u)- A83rd chiropracticSession physician;(2025) – 4 – (v) An athletic trainer;cian;

(v) An athletic trainer;

[or] (gg)(hh) A behavioralmedical healthfacility andas wellnessthe practitioner;employer of any person specified in this subsection.

or (hh) A medical facility as the employer of any person specified in this subsection.

If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall place the patient on a mental health crisis hold pursuant to NRS 433A.160, petition for a court to order the placement of the patient on a mental health crisis hold pursuant to NRS 433A.155 or makemanner ato:sonable reasonable effort to communicate the threat in a timely manner(a) to:The person who is the subject of the threat;

(a) The person who is the subject of the threat;

- *SB165_R1* – 5 – 2.

- 83rd Session (2025) – 5 – (a) The mental health professional actually communicates the threat in a timely manner;

or (b) The mental health professional makes a good faith attempt to communicate the threat in a timely manner and the failure to actually communicate the threat in a timely manner does not result from the negligence or recklessness of the mental healthhealthnot result professional.

5.includes:s used in this section, “mental health professional” (a) A physician or psychiatrist licensed to practice medicine in this State pursuant to chapter 630 or 633 of NRS;

As used in this section, “mental health professional” includes:

(a) A physician or psychiatrist licensed to practice medicine in this State pursuant to chapter 630 or 633 of NRS;

and - *SB165_R1*83rd Session (2025) – 6 – (3)Health Isof employed by the DivisionDepartment of PublicHealth and BehavioralHuman HealthServices;ehavioral of[(d)] the(e) DepartmentA ofregistered Healthnurse andwho: Human Services;

[(d)] (e) A registered nurse who:

(1) Licensed or certified as a physician, psychologist, marriage and family therapist, clinical professional counselor, alcoholanother andstate;ug drug counselor or clinical alcohol and drug counselor in (2) Licensed as a social worker in another state;state and holds a master’s degree in social work;

(2) Licensed as a social worker in another state and holds a master’s degree in social work;

(d)controlled Prescribessubstance orto administersany aperson;prescription prescription drug or device or a controlled(e) substanceRecommends to a client that he or she discontinue or in any person;manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;

(e) Recommends to a client that he or she discontinue or in any manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;

(h)- Treats83rd aSession person’s(2025) health– condition7 in– a manner that intentionally or recklessly causes that person recognizable and imminent risk of serious or permanent physical or mental harm;

- *SB165_R1* – 7 – (i) Holds out, states, indicates, advertises or implies to any person that he or she is a provider of health care;

(j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS, the practice of naprapathy in violation of chapter 634B of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

(l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of NRS;NRS(m) Engages in the practice of applied behavior analysis in violation of chapter 641D of NRS [.] ;

[or] (m) Engages in the practice of applied behavior analysis in violation of chapter 641D of NRS [.] ;

(d) The degrees, training, experience, credentials and other qualifications of the person regarding the wellness services to be provided;pro(e) A statement in substantially the following form:

and (e) A statement in substantially the following form:

It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug- interactions,83rd sideSession effects,(2025) risks– or8 conflicts– between any medications or treatments prescribed by your primary carecareen any physician or other licensed providers of health care and the wellness services you intend to receive.

- *SB165_R1* – 8 –  A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.

or (d)the Dostatement notis readwritten.ak or speak English or any other language in which the4. statement is written.

4.

(b) Any health care practice if the practice is exempt from the professional practice laws of this State, or prevent such a health care practice from being performed.

- 83rd Session (2025) – 9 – 7.

(a)(b) Anthroposophy.Aromatherapy..

(b) Aromatherapy.

- *SB165_R1* – 9 – (d) Detoxification practices and therapies.

3.

As used in this section:

or (2) Provides acceptance, support and understanding of a person or facilitates a person’s ability to cope, social support and identity exploration and development, including, without limitation, an intervention to prevent or address unlawful conduct or unsafe sexual practices that is neutral as to the sexual-orientation of the person receiving the intervention and does not seek to change the- sexual83rd orientationSession (2025) – 10 – intervention.ientation or gender identity of the person receiving the intervention.(b) “Psychotherapist” means:

(b) “Psychotherapist” means:

- *SB165_R1* – 10 – (4) A psychologist or behavioral health and wellness practitioner licensed to practice in this State pursuant to chapter 641 of NRS;

(6) A registered nurse holding a master’s degree in the field in this State pursuant to chapter 632 of psychiatricNRS;ce professional nursing (7) A marriage and licensedfamily totherapist practiceor clinical professional nursingcounselor licensed in this State pursuant to chapter 632641A of NRS;

(7) A marriage and family therapist or clinical professional counselor licensed in this State pursuant to chapter 641A of NRS;

(3) For prescribing and dispensing controlled substances and dangerousdangero(4) drugsFor inthe accordancepsychiatric withtraining applicableand statutes.experience necessary for an advanced practice registered nurse to be authorized to [make] :

(4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to [make] :

and - 83rd Session (2025) – 11 – (II) Supervise a behavioral health and wellness practitioner pursuant to section 18 of this act.

(c)license Investigateor andcertificate determineunder thethis eligibilitychapter.bility of an applicant for a license(d) orCarry certificateout underand enforce the provisions of this chapter.chapter and the regulations adopted pursuant thereto.

(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

- *SB165_R1* – 11 – (a) Qualifications for the issuance of a license or certificate under this chapter.

and (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,nursing,ctical  and collect the fees established pursuant to this subsection.

The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder- 83rd Session (2025) – 12 – of athis certificatechapter:ificate which constitutes a violation of the provisions (a) Any physician, dentist, dental hygienist, expanded function dental assistant, naprapath, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or of NRS, anesthesiologist assistant, psychiatrist, psychologist, behavioral health and wellness practitioner, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this chapter:State.

(a)(b) Any physician,personnel dentist,of dentala hygienist, expanded function dental assistant, naprapath, chiropractic physician, optometrist, podiatric physician, medical examiner,facility resident, intern, professional or practicalfacility nurse,for nursingthe assistant,dependent medicationengaged aidein -the certified,admission, perfusionist,examination, physiciancare assistant licensed pursuant to chapter 630 or 633treatment ofa NRS,medical anesthesiologistfacility assistant, psychiatrist, psychologist, behavioral health and wellness practitioner, marriage and family therapist, clinical professional counselor, alcohol or drugfacility counselor,for peerthe recoverydependent supportupon specialist,notification peerby recovery support specialist supervisor, music therapist, holder of a licensemember or limited license issued pursuant to chapter 653 of NRS,the driverstaff of anthe ambulance,facility. - *SB165_R1* – 12 – paramedic or other person providing medical services licensed or certified to practice in this State.

(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

facility or (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

(l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool - 83rd Session (2025) – 13 – contracts to provide the services of a community health worker, as defined in NRS 449.0027.

Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.

- *SB165_R1* – 13 – (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

640D.060 “Music therapy” means the clinical use of music interventions by a licensee to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed a music therapy program approved by the Board.

The who term does not include:

The use of psychological, neuropsychological, psychometric assessment or clinical tests designed to identify or classify abnormal - 83rd Session (2025) – 14 – or pathological human behavior or to determine intelligence, personality, aptitude, interests or addictions;

9.organic illness;

The use of psychotherapy to treat the concomitants of organic10. illness;

10.

(a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, behavioral health and wellness practitioner, marriage and family therapist, chiropractic physician, naprapath, athletic trainer, massage therapist, reflexologist, - *SB165_R1* – 14 – structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:

(b) A student enrolled in an educational program accredited by the Accreditation Council for Education in Nutrition and Dietetics, or its successor organization, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

While performing acts described in this - 83rd Session (2025) – 15 – paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.

(e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensurelicensurensed or requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.

and - *SB165_R1* – 15 – (e) Specific foods or supplements that are sources of essential nutrients.

“Behavioral health and wellness practitioner” means a person who is licensed pursuant to this chapter to practicepraSec. behavioral health promotion and prevention.

Sec.

- 83rd Session (2025) – 16 – 7.

The administration and interpretation of a psychological, neuropsychological or psychometric assessment or clinical tests designed to diagnose abnormal or pathological human behavior or to determine intelligence, personality, aptitude, interests or addictions;add8.tiThe administration and interpretation of individually administered intelligence tests, academic achievement tests or neuropsychological tests;

8.

The administration and interpretation of individually administered intelligence tests, academic achievement tests or neuropsychological tests;

- *SB165_R1* – 16 – 2.

The Board shall adopt such regulations as it deems necessary to carry out the provisions of sections 13 to 18, inclusive,limitation:of of this act.

The regulations may include, without limitation:(a) Standards of training for a behavioral health and wellness practitioner;

(a) Standards of training for a behavioral health and wellness practitioner;

- 83rd Session (2025) – 17 – (e) Requirements for continuing education for a behavioral health and wellness practitioner, in addition to those prescribed by section 16 of this act;

and (f) Standards of practice for a behavioral health and wellness practitioner, including, without limitation, the requirements for supervision of a behavioral health and wellness practitioner by a provider of health care listed in section 18 of this act.

- *SB165_R1* – 17 – (a) Is of good moral character, as determined by the Board;

and (c)(c)(1) SubmitsA tocompleted application on a form provided by the Board:Board and the fee prescribed by the Board;

(1) A completed application on a form provided by the Board and the fee prescribed by the Board;

- 83rd Session (2025) – 18 – (I) Passed any examination approved by the Board on the practice of behavioral health promotion and prevention;

or (II) Demonstrated his or her competency through the alternative to examination authorized by the regulations adopted by 2.e Within 120 days after receiving an application and the Boardaccompanying pursuantevidence tofrom sectionan 13applicant, ofthe thisBoard act.shall:

2.

Within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

- *SB165_R1* – 18 – (a) At least 2 hours of continuing education in ethics;

- 83rd Session (2025) – 19 – 3.

A behavioral health and wellness practitioner may be supervised1.perA by:psychiatrist licensed pursuant to chapter 630 or 633 of NRS;

1.

A psychiatrist licensed pursuant to chapter 630 or 633 of NRS;

641.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to 641.027, inclusive, and sections 10 and 11 of this act have the meanings ascribedascSec. to them in those sections.

- *SB165_R1* – 19 – Sec.

Practicing psychology , [or] psychotherapy or behavioral health promotion and prevention with a patient while the psychologist or behavioral health and wellness practitioner is - 83rd Session (2025) – 20 – under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;

Willful disregard of established methods and procedures in the practice of psychology [;] or behavioral health promotion and prevention, as applicable;

or] or behavioral health promotion and 4.

2.3.

Impaired physical or mental ability;

or 3.

- *SB165_R1* – 20 – Sec.

- 83rd Session (2025) – 21 – 6.

A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or aal alcohol problem gambling counselor intern, pursuant to chapter 641C of NRS;

(b) 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.

- *SB165_R1* – 21 – (c) 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.

The member who is a representative of the general public must not be a psychologist [,] or behavioral health and wellness practitioner,- an83rd applicantSession or(2025) a– former22 applicant– for licensure as a psychologist [,] or behavioral health and wellness practitioner, aaa member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist [,] or behavioral health and wellness practitioner, or a member of a household that includes a psychologist [.] or a behavioral health and wellness practitioner.

(b) Authorizing the remote supervision, including, without limitation, electronic supervision, of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites and prescribing standards concerning such remote supervision;

On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on BehavioralBehaviorale - *SB165_R1* – 22 – Health for review.

641.111 [All] Except as otherwise provided in section 13 of this act, all money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions, savings- and83rd loanSession associations(2025) or– savings23 banks– in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.

(I) A complete set of fingerprints 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;

2.(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 Board deems necessary;

The Board 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 - *SB165_R1* – 23 – Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary;

3.- 83rd Session (2025) – 24 – purposes of evaluation pursuant to subsection 2 of NRS 641.170 orr subsection 2 of section 15 of this act, as applicable, until the Board receives 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.

An application is not considered complete and received for purposes of evaluation pursuant to subsection 2 of NRS 641.170 or subsection 2 of section 15 of this act, as applicable, until the Board receives 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.

and (d)2.) SubmitSUpon allrenewing informationhis requiredor toher completelicense, thea renewal.psychologist shall.

2.declare his or her areas of competence, as determined in accordance with NRS 641.112.

Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

(b) A requirement that the holder of a license as a psychologist must biennially receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.

- *SB165_R1* – 24 – (2) Must be based upon a range of research from diverse sources.

(I)- 83rd Session (2025) – 25 – backgrounds;) Persons from various gender, racial and ethnic (II) Persons from various religious backgrounds;

(II) Persons from various religious backgrounds;

The license of any [person] psychologist who fails to pay the biennial fee for the renewal of a license to practice psychology within 60 days after the date when it is due is automaticallydate the license is so suspended, reinstate the license upon payment to the Board of the amount of the then current biennial fee for the renewal of a license to practice psychology and the amount of the fee for the restoration of a license so suspended.

The Board may, within 2 years after the date the license is so suspended, reinstate the license upon payment to the Board of the amount of the then current biennial fee for the renewal of a license to practice psychology and the amount of the fee for the restoration of a license so suspended.

For the national examination, in addition to the actual cost to the Board of the examination................$100 For any other examination required pursuant toto................$100 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 to practice psychology.......................................................................25 - *SB165_R1* – 25 – For the issuance of an initial license by endorsement to practice psychology...........................$125psychology.............................125 - 83rd Session (2025) – 26 – For the biennial renewal of a license of a psychologist...................................................................850psychologist.................................................................$850 For the restoration of a license of a psychologist suspended for the nonpayment of the biennial fee for the renewal of a license......................................200 For the restoration of a license of a psychologistpsychologist.......................200 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 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 For the issuance of an initial license to practice behavioral health promotion and prevention..............200 For the triennial renewal of a license to practice behavioral health promotion and prevention.....................................................................200 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.

and - *SB165_R1*83rd –Session 26(2025) – (b)27 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.

34.

NRS 641.2291 is hereby amended to read as follows:

A program of education for mental healthhealthollows: professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a psychologist or a behavioral health and wellness practitioner to a patient that meets the requirements of subsection 2 if:

professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a psychologist or a behavioral health and wellness practitioner to a patient that meets the requirements of subsection 2 if:

and (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) ofofe period subsection 3.

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and- any83rd regulationsSession adopted(2025) pursuant– thereto,28 that– are designed to prevent the reproduction, copying or theft of the recording;

andandto - *SB165_R1* – 27 – (b) Must not contain any personally identifiable information relating to the patient unless the patient has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by aahat uses psychologist or a behavioral health and wellness practitioner to a patient for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a psychologist or a behavioral health and wellness practitioner to a patient that is used for a training activity by a program of education for mental health professionals, a mental health professional or aation person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

As used in this section, “mental health professional” means a psychologist, a behavioral health and wellness practitioner, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, - 83rd Session (2025) – 29 – a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or problem gambling counselor.

The Board may suspend or revoke a person’s license as a psychologist or behavioral health and wellness - *SB165_R1* – 28 – practitioner orpsorholregistrationavasralaheapsychologicaless 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:

(e) Aided or abetted the practice of psychology or behavioral health promotion and prevention or the practice as a psychological assistant, psychological intern or psychological trainee by a person not licensed or registered by the Board.

(i) Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or behavioral health- promotion83rd andSession prevention(2025) or– registration30 to– practice as a psychological assistant, psychological intern or psychological a trainee issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

- *SB165_R1* – 29 – (k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

(1)(2) TheAn licenseact ofor theomission facilityoccurred waswhich suspendedresulted orin revoked;theked;

or (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

If any witness refuses to attend or testify or produce any articlewith asthe requireddistrict bycourt thestating subpoena,that:the the Board may file a petition with(a) Due notice has been given for the districttime courtand statingplace that:of attendance of the witness or the production of the required articles;

(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

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, - 83rd Session (2025) – 31 –  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.

Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days afterafterd the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles.

- *SB165_R1* – 30 – 4.

The Board or the Behavioral Health and Wellness Practitioner Advisory Group established pursuant to section 14 of this act, or any of [its] the members [,] of the Board or Advisory Group, any review panel of a hospital or an association of psychologists or behavioral health and wellness practitioners which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology or behavioral health promotion and prevention or practicing as a psychological assistant, psychological intern or psychological trainee in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts withwit2.theAs soon as practicable after receiving a written complaint concerning a behavioral health and wellness practitioner who is not supervised by a psychologist, the Board.Board shall:

2.

As soon as practicable after receiving a written complaint concerning a behavioral health and wellness practitioner who is not supervised by a psychologist, the Board shall:

The Board [or the Behavioral Health and Wellness Practitioner Advisory Group] or any of [the] its members , [of the Board or Advisory Group,] any review panel of a hospital or an association of psychologists or behavioral health and wellness practitioners which becomes aware that any one or combination of the- grounds83rd forSession initiating(2025) disciplinary– action32 may– exist as to a person practicing psychology or behavioral health promotion and as to a person prevention or practicing as a psychological assistant, psychological intern or psychological trainee in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

and - *SB165_R1* – 31 – (b) Notify that licensing board of the complaint.

The Board, through the President of the Board and the investigator designated by the Board, shall conduct an investigation of each complaint filed pursuant to NRS 641.250641.250n which sets forth reason to believe that a person has violated NRS 641.390.

(1) Psychology in this State without the proper license issued by the (2) Behavioral health promotion and prevention in this State without the proper license issued by the Board pursuant to this chapter;

[or] (2) Behavioral health promotion and prevention in this State without the proper license issued by the Board pursuant to this chapter;

The citation also must inform the person of the provisions of - 83rd Session (2025) – 33 – subsection 5.

(a) For a first violation, $500.

Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to - *SB165_R1* – 32 – 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.

The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to thi3.chaExcept in extraordinary circumstances, as determined by the Board, the failure of a psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee to submit to an examination as provided in this chapter.section constitutes grounds for the immediate suspension of the psychologist’s or behavioral health and wellness practitioner’s license or the psychological assistant’s, psychological intern’s or psychological trainee’s registration.

3.

Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist, behavioral health and wellness practitioner, 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 or behavioral health and wellness practitioner’s license or the psychological assistant’s, psychological intern’s or psychological trainee’s registration.

641.273 Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee has raised a reasonable question as to competence to practice psychology or behavioral health promotion and prevention or to - 83rd Session (2025) – 34 – practice as a psychological assistant, psychological intern or psychological trainee with reasonable skill and safety to patients, the Board may require the psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee to take a written or oral examination to determine whether the psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee is competent to practice psychology or behavioral health promotion and prevention or to practice as a psychological assistant, psychological intern or psychological trainee.

- *SB165_R1* – 33 – Sec.

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 behavioral health and wellness practitioner or the registration of a psychological assistant, psychological intern or psychological trainee pending proceedings for disciplinary action and requires the psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee to submit to a mental or physical examination or an examination of his or her competency to practice psychology or behavioral health promotion and prevention 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 hearinghearingined 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 behavioral health promotion and prevention or registration to practice as a psychological assistant, psychological- intern83rd orSession psychological(2025) trainee– or35 an– order containing any other disciplinary action entered by a court in the District ofofg Columbia or any state or territory of the United States is conclusive evidence of its occurrence.

Every order which limits the practice of psychology or behavioral health promotion or prevention or the practice as a psychological assistant, psychological intern or psychological trainee or suspends or revokes a license or registration is effective - *SB165_R1* – 34 – from the date the Board certifies the order until the date the order is modified or reversed by a final judgment of the court.

3.the order priority over other civil matters which are not expresslyof given priority by law.

The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

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, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologist’s, behavioral health and wellness practitioner’s, psychological assistant’s, psychological intern’s or psychological trainee’s practice or to suspend the license to practice psychology or behavioral health promotion and prevention 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.

- 83rd Session (2025) – 36 – Sec.

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:pra(a) Psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

(a) Psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

- *SB165_R1* – 35 – Sec.

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 behavioral health and wellness practitioners 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 behavioral health and wellness practitioner or the registering of a psychological assistant, psychological intern or psychological trainee or the discipline of a psychologist, behavioral health and wellness practitioner, psychological assistant, psychological intern or psychological trainee 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.

or (c) Who has been placed on probation,  by an order of the Board, a panel of its members or a hearing officer may apply to the Board after 1 year for removal of the - 83rd Session (2025) – 37 – limitation or termination of the probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or registration.

(a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.

- *SB165_R1* – 36 – 2.

This chapter does not prevent the teaching of psychology or behavioral health promotion and prevention or psychological research at an accredited educational institution, unless the teaching or research involves the delivery or supervision of directdirectthe teaching psychological services or behavioral health promotion and prevention to a person.

- 83rd Session (2025) – 38 – [4.] 5.

6.activities as part of a supervised course of study in an accredited or approved educational program while pursuing study leading to a degree in or license to practice behavioral health promotion and prevention may, in accordance with the regulations adopted by the Board pursuant to section 13 of this act, engage in the supervised practice of behavioral health promotion and prevention without a license issued pursuant to this chapter if the person is designated by a title which clearly indicates the status of the person as a student or trainee.

A person who is performing services or participating in activities as part of a supervised course of study in an accredited or approved educational program while pursuing study leading to a degree in or license to practice behavioral health promotion and prevention may, in accordance with the regulations adopted by the Board pursuant to section 13 of this act, engage in the supervised practice of behavioral health promotion and prevention without a license issued pursuant to this chapter if the person is designated by a title which clearly indicates the status of the person as a student or trainee.

- *SB165_R1* – 37 – 3.

4.and 641A.410, and section 12 of this act, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license;

Except as otherwise provided in NRS 641.0295, 641.390 and 641A.410, and section 12 of this act, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license;

Except as otherwise provided in NRS 641.390, represents himself or herself as a psychological assistant, psychological intern - 83rd Session (2025) – 39 – or psychological trainee, or uses any title or description which incorporates the words “psychological assistant,” “psychological intern” or “psychological trainee” or any other term indicating or implying that he or she is a psychological assistant, psychological internregistration;chological or psychological trainee, unless he or she has been issued a registration;[6.] 7.

[6.] 7.

- *SB165_R1* – 38 – (a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

(b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection(c) 3Destroying to the userecording ofdoes thenot recordingresult in thenoncompliancevity; training activity;

(c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4;

and (b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent - 83rd Session (2025) – 40 – in writingthe specificallyrecording.ically authorizing the inclusion of that information in3. the recording.

3.

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the(c) Defining “training activity” for the recordingpurposes beforeof destroyingthis it;section.

and (c) Defining “training activity” for the purposes of this section.

The provisions of this section do not abrogate, alter or otherwise affect the obligation of a marriage and family therapist or clinical professional counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health - *SB165_R1* – 39 – services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposespur6.sesAs ofused chapterin 629this ofsection, NRS.“mental health professional” means a psychologist, a behavioral health and wellness practitioner, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.

6.

As used in this section, “mental health professional” means a psychologist, a behavioral health and wellness practitioner, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.

- 83rd Session (2025) – 41 – 2.

A person who is licensed as a psychologist pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enactedena4.ed inA NRSperson 641.227;who is licensed as a behavioral health and wellness practitioner pursuant to chapter 641 of NRS;

4.

A person who is licensed as a behavioral health and wellness practitioner pursuant to chapter 641 of NRS;

- *SB165_R1* – 40 – [11.] 12.

Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker;

A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275.

A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services- by83rd aSession social(2025) worker,– a42 master– social worker, an independent social worker or a clinical social worker to a client that meets the requirements of subsection 2 if:

A recording of the provision of mental health services by a social worker, a master social worker, an independent social worker or a clinical social worker to a client used for the purpose described in paragraph (a) Must meet all requirements of subsectionthe 1:Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording;

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording;

- *SB165_R1* – 41 – (a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

and (2) The length of time that a social worker, a master social worker, an independent social worker or a clinical social worker who obtains such informed written consent must maintain thetheorker informed written consent;

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a social worker, a master social worker, an independent social worker or a clinical social worker to a client for the purposes described in - 83rd Session (2025) – 43 – paragraph (a) of subsection 1 may retain the recording before destroying it;

The provisions of this section do not abrogate, alter or otherwise affect the obligation of a social worker, a master social worker, an independent social worker or a clinical social worker to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

A physician who is licensed pursuant to the provisions of cha2.er A nurse who is licensed pursuant to the provisions of chapter 630of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling persons with alcohol and other substance use disorders or 633the practice of NRS;counseling persons with an addictive disorder related to gambling;

2.

A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to - *SB165_R1* – 42 – engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of - 83rd Session (2025) – 44 – chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counselingcou[6.] persons7. with an addictive disorder related to gambling;

[6.]pA 7.person who is:ddictive disorder related to gambling;

A person who is:

A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client that meetsmee(a) theThe requirementsrecording is used for a training activity that is part of subsectiona 2program if:of education for mental health professionals approved by the Board;

(a)(b) The recordingclient ishas usedprovided forinformed aconsent trainingin activitywriting on a form that ismeets partthe ofrequirements aprescribed programby ofthe educationBoard forpursuant mentalto healthsubsection professionals3 approvedto bythe use of the Board;recording in the training activity;

- *SB165_R1* – 43 – (b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

(a)- Must83rd meetSession all(2025) requirements– of45 the– Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording;

and (2) The length of time that a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor who obtains such informed written consent must maintain the(b) Prescribing the informedlength writtenof consent;time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

The provisions of this section do not abrogate, alter or otherwise affect the obligation of a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she -inclusive.o *SB165_R1* – 44 – provides to clients in accordance with NRS 629.051 to 629.069, inclusive.5.

5.

- 83rd Session (2025) – 46 – 6.

As used in this section, “mental health professional” means a psychologist, a behavioral health and wellness practitioner, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.counselor.elor, an Sec.

Sec.

A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;NRS9.

9.

An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the duties of his or her position, - *SB165_R1* – 45 –  if such a person does not commit an act described in NRS 641D.910 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death - 83rd Session (2025) – 47 – against a provider of health care based upon professional negligence in excess of 35 percent of the amount recovered.

The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.jud3.entFor the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim.

3.

For the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim.

(b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, behavioral health and wellness practitioner, chiropractic physician, naprapath, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.empSec.

Sec.

41A.017 “Provider of health care” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, anesthesiologist assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, behavioral health and wellness practitioner, chiropractic physician, naprapath, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery - *SB165_R1* – 46 – center, physicians’ professional corporation or group practice that employs any such person and its employees.

In an action for injury or death against a provider of health care based upon professional negligence, if the defendant - 83rd Session (2025) – 48 – so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and anyanyt contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services.

In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages.

- *SB165_R1* – 47 – Such payments must only be subject to modification in the event of the death of the judgment creditor.

Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason- of83rd theSession death(2025) of– the49 judgment– creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, asaso provided by law, immediately before the judgment creditor’s death.

Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.debtor.ty 8.

8.

(d) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensingdispensingder optician, optometrist, registered physical therapist, podiatric physician, naprapath, licensed psychologist, behavioral health and wellness practitioner, chiropractic physician, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

- *SB165_R1*83rd Session (2025) – 4850 – Sec.

Any privilege established by this chapter for communications between a patient and the supervisor of a behavioral health and wellness practitioner applies equally to communications between the patient and the behavioral healthhealthto and wellness practitioner or any other person who is participating in the behavioral health promotion and prevention services under the direction of the behavioral health and wellness practitioner.

(c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 629.031, aao clinic or any other location, other than a residence, where health care is provided.

(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate,- court83rd commissioner,Session master(2025) or– referee,51 including– a person acting pro tempore in a capacity listed in this subparagraph;

- *SB165_R1* – 49 – (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency;

(1) A physician, a medical student, a perfusionist, an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, an expanded function dental assistant, an expanded- function83rd dentalSession assistant(2025) student,– a52 pharmacist,– a pharmacy student, an intern pharmacist, an attendant on anana ambulance or air ambulance, a psychologist, a behavioral health and wellness practitioner, a social worker, a marriage and family - *SB165_R1* – 50 – therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician, a paramedic or a participant in a program of training to provide emergency medical services;

and (III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the health care facility.

(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly - 83rd Session (2025) – 53 – misdemeanor.e present ability to use a deadly weapon, for a (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

(b)(c) If theparagraph assault(d) isdoes madenot withapply the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the statecircumstances prison for a minimum term of notthe lesscrime than 1 year and aif maximumthe termassault: of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

- *SB165_R1* – 51 – (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault:

or (III) A sports official based on the performance of his or her dutiesdut(2) atThe person charged knew or should have known that the victim was an officer, a sportingprovider event;of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,  for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

and (2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,  for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

and (2) The probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official, - for83rd aSession category(2025) D– felony54 as– provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the presentpresenthe ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has - *SB165_R1* – 52 – reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

(2)(3) A policetoll-free departmenttelephone orservice sheriff’sdesignated office;by the Aging and Disability Services Division of the Department of Health and Human Services;

or (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services;

3.a copy of the report to the Aging and Disability Services Division ofd the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

(a) Every physician, dentist, dental hygienist, expanded function dental assistant, chiropractic physician, naprapath, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to - 83rd Session (2025) – 55 – chapter 630 or 633 of NRS, anesthesiologist assistant, perfusionist, psychiatrist, psychologist, behavioral health and wellness practitioner, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, behavior analyst, assistant behavior analyst, registered behavior technician, peer recovery support specialist, as defined in NRS 433.627, peer recovery support specialist supervisor, as defined in NRS 433.629, or other person providing medical services licensed or certified to - *SB165_R1* – 53 – practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organizationorg(g) asAny definedemployee inof the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 449.4304.427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to C.F.R.

(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an - 83rd Session (2025) – 56 – older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

(l) Any person who owns or is employed by a funeral home or mortuary.mor(m) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

(m) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

- *SB165_R1* – 54 – 6.

7.pursuant to this section shall cause the investigation of the report to commence within 3 working days.

A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days.

If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s - 83rd Session (2025) – 57 – office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

A person who knowingly and willfully violates any of the provisionspro10. of this section is guilty of a misdemeanor.

10.

A physician assistant licensed pursuant to chapter 630 or 633 of NRS;

- *SB165_R1* – 55 – 4.

13.

A pharmacist or pharmacy technician;

- 83rd Session (2025) – 58 – (1) The Administrator of the Aging and Disability Services Division;

(3)Services;) The Administrator of the Division of Child and Family Services;(4) The Administrator of the Division of Health Care Financing and Policy;

(4) The Administrator of the Division of Health Care Financing and Policy;

(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 66 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public - *SB165_R1* – 56 – and Behavioral Health or the professional line activities of the other divisions.

(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.

and - 83rd Session (2025) – 59 – (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programspro(e) administeredMay, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the Department.programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

Sec.Secs.

64.64 and 65.

65.

(Deleted by amendment.) Sec.

To the extent that federal financial participation is available, the Director shall include under Medicaid coverage for - *SB165_R1* – 57 – behavioral health promotion and prevention provided by a behavioral health and wellness practitioner.

(b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).

Sec.Secs.

67.67-79.

68.79.5.

(Deleted1. by amendment.) Sec.

69.The Division of Health Care Financing and Policy of the Department of Health and Human Services shall transfer from the Account to Improve Health Care Quality and Access created by NRS 422.37945 to the Nevada Medicaid budget account the sum of $68,705 for Fiscal Year 2026-2027 to carry out the provisions of section 66 of this act.

(Deleted- 83rd Session (2025) – 60 – General Fund or the State Highway Fund is hereby authorizedtate during Fiscal Year 2026-2027 by amendment.)the Sec.Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1.

70.Sec.

(Deleted by amendment.) Sec.

71.

(Deleted by amendment.) Sec.

72.

(Deleted by amendment.) Sec.

73.

(Deleted by amendment.) Sec.

74.

(Deleted by amendment.) Sec.

75.

(Deleted by amendment.) Sec.

76.

(Deleted by amendment.) Sec.

77.

(Deleted by amendment.) Sec.

78.

(Deleted by amendment.) Sec.

79.

(Deleted by amendment.) Sec.

ThereNotwithstanding isany herebyother appropriatedprovision fromof law to the Statecontrary, Generalthe Director of the Department of Health and Human Services shall allocate, as reimbursement during the 2025-2027 biennium, from the Fund for a Resilient Nevada created by NRS 433.732 to:

(a) The University of Nevada, Reno, thenot summore ofthan $574,980 tofor the costs of a program that awards a bachelor’s degree for persons wishing to become behavioral health and wellness practitioners and award scholarships to students who enroll in that program.

(b) The University of Nevada, Reno, thenot summore ofthan $500,000 for the costs to establish a program that awards a micro-credential in behavioral health promotion and prevention and award scholarships to (c) The University of Nevada, Las Vegas, not more than $574,980 for the costs of a program that awards a bachelor’s degree for persons wishing to become behavioral health and wellness practitioners and award scholarships to students who enroll in that program.

(c)(d) The University of Nevada, Las Vegas, thenot summore ofthan $574,980$500,000 for the costs to establish a program that awards a bachelor’smicro- degreecredential forin persons wishing to become behavioral health promotion and wellnessprevention practitioners and award scholarships to students who enroll in that program.

(d)(e) TheGreat UniversityBasin ofCollege Nevada,not Lasmore Vegas,than $574,980 for the sumcosts of $500,000 to establish a program that awards a micro-credentialbachelor’s indegree behavioralfor -persons *SB165_R1*wishing –to 58become –behavioral health promotion and preventionwellness practitioners and award scholarships to students who enroll in that program.

(e)(f) Great Basin College thenot summore ofthan $574,980$500,000 for the costs to establish a program that awards a bachelor’smicro-credential degreein forbehavioral personswho wishingenroll in that program.tion and award scholarships to becomestudents behavioral(g) healthThe andPartnership wellnessfor practitionersResearch, Assessment, Counseling, Therapy and awardInnovative scholarshipsClinical Education at the University of Nevada, Las Vegas, not more than $1,200,000 for the costs to studentsestablish whoan enrollinternship inprogram thatfor program.psychologists that:

(f) Great Basin College the sum of $500,000 to establish a program that awards a micro-credential in behavioral health promotion and prevention and award scholarships to students who enroll in that program.

(g) The Partnership for Research, Assessment, Counseling, Therapy and Innovative Clinical Education at the University of Nevada, Las Vegas, the sum of $1,200,000 to establish an internship program for psychologists that:

and - 83rd Session (2025) – 61 – (h) The Nevada System of Higher Education thenot summore ofthan $2,000,000 for the costs of scholarships for students enrolled in programs for the education and training of providers of health care who are authorized to supervise behavioral health and wellness practitioners pursuant to section 18 of this act.

Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, 2028, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2028, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2028.

3.

Notwithstanding the amendatory provisions of this act, any person who is engaged in the practice of behavioral health promotion and prevention on or before January 1, 2026, may continue to engage in the practice of behavioral health promotion and prevention without obtaining a license pursuant to section 15 of this act until July 1, 2026.

- *SB165_R1* – 59 – Sec.

inclusive,3. and 81 of this act become effective:nclusive, 66, 74 to 77, (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

Sections 1 to 37, inclusive, 38 to 63, inclusive, 66, 74 to 77, inclusive, and 81 of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

Sections 64, 65, 67 to 73, inclusive, 7878, 79 and 7979.5 of this act become effective on July 1, 2026.

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