Section 641.234 - Assessment procedures: Communication of results to patient or client; limitations on use1. If a psychologist communicates the results of an assessment procedure to a patient or client or to the legal guardian, parents or agent of a patient or client, he or she shall:(a) Use appropriate interpretive aids to explain the results in a manner which is understandable; and(b) Include in the explanation any deficiencies of the assessment procedure and factors which may affect the validity, reliability or other interpretation of the results.2. A psychologist shall not reproduce or describe in any popular publications, lectures or public presentations, psychological tests or other assessment procedures in a manner which may invalidate the tests or procedures.3. Except as otherwise provided in subsection 4 or where otherwise required by specific federal or state law, a person who is licensed or registered by the Board shall not disclose psychological test material or psychological test data:(a) To any person, including, without limitation, the person who is the subject of the psychological test or assessment procedure; or(b) During any judicial proceeding, administrative proceeding or legislative proceeding.4. A person who is the subject of a psychological test or assessment procedure may request that records related to the psychological test or assessment procedure be disclosed to a designated psychologist. Any such request must be made in writing and comply with all applicable federal and state laws relating to the disclosure of mental health information, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. Upon receipt of such a request, a person who is licensed or registered by the Board shall disclose to the designated psychologist all records related to the psychological test or assessment procedure. Nothing in this subsection shall be construed to authorize the inspection of psychological test materials by a person who is the subject of a psychological test or assessment procedure.5. If a psychologist offers to other professionals an assessment procedure or automated interpretation service, he or she shall:(a) Provide a manual or other written material which fully describes the development of the procedure or service, the rationale therefor, evidence of the validity and reliability thereof, and characteristics of the group of persons which the procedure or service uses as a norm;(b) Explicitly state the purpose and application for which the procedure or service is recommended;(c) Identify special requirements which are necessary to administer and interpret the procedure or service properly; and(d) Ensure that advertisements for the procedure or service provide an accurate description of the procedure or service.6. As used in this section:(a) "Psychological test data" has the meaning ascribed to the term "test data" in the Ethical Principles of Psychologists and Code of Conduct adopted by reference pursuant to subsection 1 of NAC 641.250.(b) "Psychological test material" has the meaning ascribed to the term "test material" in the Ethical Principles of Psychologists and Code of Conduct adopted by reference pursuant to subsection 1 of NAC 641.250.Nev. Admin. Code § 641.234
Added to NAC by Bd. of Psychological Exam'rs, eff. 12-28-95; A by R209-09, 10-15-2010; A by R051-23A, eff. 4/19/2024; A by R095-23A, eff. 8/13/2024