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 social worker, a master social worker, an independent social worker or a clinical social worker 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 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) 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 social worker, a master social worker, an independent social worker or a clinical social worker 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 social worker, a master social worker, an independent social worker or a clinical social worker 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 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.
5. Except where necessary for compliance with subsection 4, 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 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, 2194)
Structure Nevada Revised Statutes
NRS 641B.020 - Legislative declaration.
NRS 641B.100 - Appointment by Governor; qualifications.
NRS 641B.110 - Expiration of term; replacement.
NRS 641B.120 - Officers; elections; meetings; quorum.
NRS 641B.130 - List of licensed social workers required to be maintained by Board.
NRS 641B.140 - Salary of members; per diem allowance and travel expenses for members and employees.
NRS 641B.170 - Confidentiality of certain records of Board; exceptions.
NRS 641B.180 - Forms for licensure.
NRS 641B.200 - Preliminary qualifications.
NRS 641B.202 - Submission of fingerprints.
NRS 641B.205 - Submission of official transcripts by alternate means.
NRS 641B.225 - Master social worker: Qualifications; practice; supervision of other social workers.
NRS 641B.250 - Examination; prohibition on participation in grading examination.
NRS 641B.270 - Licensing of person licensed in another state.
NRS 641B.271 - Expedited license by endorsement: Requirements; procedure for issuance.
NRS 641B.275 - Provisional licensure; regulations.
NRS 641B.290 - Delinquent licenses: Date; notice; renewal; expiration; restoration.
NRS 641B.295 - Inactive status of license: Application; effect; duration; regulations; fees.
NRS 641B.400 - Grounds for disciplinary action.
NRS 641B.410 - Complaints: Filing; retention.
NRS 641B.425 - Subpoenas: Issuance; enforcement.
NRS 641B.450 - Reinstatement after revocation.
NRS 641B.500 - Representation as social worker without license.
NRS 641B.505 - Practice of social work without required license unlawful.
NRS 641B.510 - Use of title of licensee or otherwise implying licensure.