1. The Board or a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.
2. If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may file a petition with the district court stating that:
(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to this section; 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,
and asking for an order of the court compelling the witness to attend and testify before the Board or panel or a hearing officer, or produce the articles as required by the subpoena.
3. 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 after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Board or panel or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 2017, 4232; A 2019, 2547; 2021, 1638)—(Substituted in revision for NRS 437.425)
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.