1. 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 psychologist to a patient that meets the requirements of subsection 2 if:
(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 patient 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;
(c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4; and
(d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.
2. A recording of the provision of mental health services by a psychologist to a patient used for the purpose described in paragraph (a) of subsection 1:
(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; and
(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.
3. The Board shall adopt regulations:
(a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:
(1) The form on which such informed written consent must be provided; and
(2) The length of time that a psychologist who obtains such informed written consent must maintain the 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 psychologist to a patient for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and
(c) Defining "training activity" for the purposes of this section.
4. The provisions of this section do not abrogate, alter or otherwise affect the obligation of a psychologist 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 patients in accordance with NRS 629.051 to 629.069, inclusive.
5. Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a psychologist to a patient 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 purposes of chapter 629 of NRS.
6. As used in this section, "mental health professional" means a psychologist, 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 problem gambling counselor.
(Added to NRS by 2021, 2191)
Structure Nevada Revised Statutes
NRS 641.010 - Legislative declaration.
NRS 641.021 - "Board" defined.
NRS 641.022 - "Community" defined.
NRS 641.023 - "Gross malpractice" defined.
NRS 641.024 - "Malpractice" defined.
NRS 641.0243 - "National examination" defined.
NRS 641.0245 - "Patient" defined.
NRS 641.025 - "Practice of psychology" defined.
NRS 641.026 - "Professional incompetence" defined.
NRS 641.0263 - "Psychological assistant" defined.
NRS 641.0265 - "Psychological intern" defined.
NRS 641.0267 - "Psychological trainee" defined.
NRS 641.027 - "Psychologist" defined.
NRS 641.0295 - Applicability of chapter: Practice by nonresident psychologist as consultant.
NRS 641.030 - Creation; number and appointment of members.
NRS 641.035 - Terms of members; limitation on consecutive terms.
NRS 641.040 - Qualifications of members; conflict of interest.
NRS 641.070 - Meetings; quorum.
NRS 641.100 - Rules and regulations.
NRS 641.111 - Deposit and expenditure of money.
NRS 641.115 - Offices; employees; prohibition on payment of expenses out of State General Fund.
NRS 641.117 - Forms for licensure.
NRS 641.125 - Hearings and investigations; taking evidence.
NRS 641.135 - Civil liability.
NRS 641.160 - Application and fee for license.
NRS 641.180 - Examination of applicant for license as psychologist; waiver.
NRS 641.2265 - Requirement; regulations; penalty.
NRS 641.227 - Text of Compact.
NRS 641.2295 - Practice by nonresident psychologist as consultant.
NRS 641.230 - Grounds for disciplinary action.
NRS 641.243 - Service of process.
NRS 641.250 - Complaints: Filing; retention.
NRS 641.270 - Complaints: Review; investigation.
NRS 641.273 - Examination regarding competency to practice.
NRS 641.285 - Requirements for proof.
NRS 641.312 - Judicial review; duration of Board’s order; priority of petition for judicial review.
NRS 641.316 - Injunction against person practicing without license, authorization or registration.
NRS 641.318 - Immunity of certain persons from civil liability.
NRS 641.390 - Representation or practice without license prohibited; exceptions.
NRS 641.410 - Practice by nonresident psychologist as consultant.