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 marriage and family therapist or clinical professional counselor to a client 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 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;
(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 marriage and family therapist or clinical professional counselor to a client 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 client unless the client 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 marriage and family therapist or clinical professional counselor 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 marriage and family therapist or clinical professional counselor to a client 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 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 services that he or she provides to clients 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 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 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 a problem gambling counselor.
(Added to NRS by 2021, 2193)
Structure Nevada Revised Statutes
Chapter 641A - Marriage and Family Therapists and Clinical Professional Counselors
NRS 641A.010 - Legislative declaration.
NRS 641A.025 - "Approved supervisor" defined.
NRS 641A.030 - "Board" defined.
NRS 641A.031 - "Clinical professional counselor" defined.
NRS 641A.040 - "License" defined.
NRS 641A.050 - "Licensee" defined.
NRS 641A.060 - "Marriage and family therapist" defined.
NRS 641A.065 - "Practice of clinical professional counseling" defined.
NRS 641A.080 - "Practice of marriage and family therapy" defined.
NRS 641A.090 - Creation; number and appointment of members.
NRS 641A.100 - Qualifications of members; removal for misconduct.
NRS 641A.110 - Eligibility for membership.
NRS 641A.130 - Meetings; quorum.
NRS 641A.150 - Duties of Secretary-Treasurer.
NRS 641A.180 - Courses of study: Regulations specifying criteria; evaluation.
NRS 641A.185 - Subpoenas: Issuance; enforcement.
NRS 641A.191 - Confidentiality of certain records of Board; exceptions.
NRS 641A.205 - Deposit and use of money.
NRS 641A.210 - Application and fees; forms.
NRS 641A.220 - Marriage and family therapists: Qualifications of applicants.
NRS 641A.230 - Marriage and family therapists: Examinations.
NRS 641A.231 - Clinical professional counselors: Qualifications of applicants.
NRS 641A.233 - Application for license: Submission of official transcripts by alternate means.
NRS 641A.235 - License: Issuance; expiration; proration of fee.
NRS 641A.241 - Expedited license by endorsement: Requirements; procedure for issuance.
NRS 641A.265 - Waiver of requirements for continuing education.
NRS 641A.270 - Automatic revocation of license for failure to pay fee for renewal; reinstatement.
NRS 641A.280 - Reinstatement of license after 5-year lapse.
NRS 641A.285 - Inactive license; regulations.
NRS 641A.2874 - Marriage and family therapist interns: Scope of authorized activities.
NRS 641A.2876 - Marriage and family therapist interns: Disclosure to client.
NRS 641A.2884 - Clinical professional counselor interns: Scope of authorized activity.
NRS 641A.2886 - Clinical professional counselor interns: Disclosure to client.
NRS 641A.310 - Grounds for denial, suspension or revocation of license.
NRS 641A.330 - Complaints: Filing; retention.
NRS 641A.340 - Notice of hearing.
NRS 641A.360 - Decision of Board.
NRS 641A.370 - Rehearing after revocation or suspension of license.
NRS 641A.400 - Reinstatement of license after revocation.
NRS 641A.430 - Unlawful to use certain terms without license.