1. The Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, 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:
(a) Been convicted of a felony relating to the practice of applied behavior analysis.
(b) Been convicted of any crime or offense that reflects the inability of the person to practice applied behavior analysis with due regard for the health and safety of others.
(c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of applied behavior analysis.
(e) Except as otherwise provided in NRS 641D.110 and 641D.130, aided or abetted practice as a behavior analyst, assistant behavior analyst or registered behavior technician by a person who is not licensed or registered, as applicable, pursuant to this chapter.
(f) Made any fraudulent or untrue statement to the Board.
(g) Violated a regulation adopted by the Board.
(h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia, a foreign country or the Behavior Analyst Certification Board, Inc., or its successor organization, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
(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, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.
(j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter, including, without limitation, subsection 4 of NRS 641D.600.
(k) Performed or attempted to perform any professional service while impaired by alcohol or other substance or by a mental or physical illness, disorder or disease.
(l) Engaged in sexual activity with a patient or client.
(m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.
(n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.
(o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
This paragraph applies to an owner or other principal responsible for the operation of the facility.
2. As used in this section, "preponderance of the evidence" has the meaning ascribed to it in NRS 233B.0375.
(Added to NRS by 2017, 4230; A 2019, 2545; 2021, 1636)—(Substituted in revision for NRS 437.400)
Structure Nevada Revised Statutes
Chapter 641D - Applied Behavior Analysis
NRS 641D.020 - "Assistant behavior analyst" defined.
NRS 641D.030 - "Behavior analyst" defined.
NRS 641D.040 - "Board" defined.
NRS 641D.050 - "Community" defined.
NRS 641D.060 - "Gross malpractice" defined.
NRS 641D.070 - "Malpractice" defined.
NRS 641D.080 - "Practice of applied behavior analysis" defined.
NRS 641D.090 - "Professional incompetence" defined.
NRS 641D.100 - "Registered behavior technician" defined.
NRS 641D.110 - Applicability of chapter.
NRS 641D.120 - Exemptions from requirements for licensure and registration.
NRS 641D.200 - Creation; membership; terms; meetings; officers; immunity.
NRS 641D.220 - Salary of members; per diem allowance and travel expenses of members and employees.
NRS 641D.230 - Deposit and use of money received by Board.
NRS 641D.240 - Rules and regulations.
NRS 641D.250 - Duty to enforce chapter; general powers.
NRS 641D.260 - Board authorized to contract to carry out provisions of chapter.
NRS 641D.270 - Records: Duties of Board; inspection; confidentiality of certain records; exceptions.
NRS 641D.300 - Application and fee; investigation of applicant.
NRS 641D.380 - Fees; regulations.
NRS 641D.700 - Grounds for disciplinary action.
NRS 641D.710 - Regulations concerning additional grounds for disciplinary action.
NRS 641D.740 - Service of process; publication of notice.
NRS 641D.760 - Complaints: Filing; retention.
NRS 641D.770 - Complaints: Review; authority to retain Attorney General to investigate.
NRS 641D.830 - Requirements for proof.
NRS 641D.840 - Judicial review; duration of Board’s order; priority of petition for judicial review.
NRS 641D.860 - Injunction against practicing applied behavior analysis without license.
NRS 641D.870 - Immunity of certain persons from civil liability.