Nev. Admin. Code § 641D.600

Current through December 12, 2024
Section 641D.600 - Additional grounds for disciplinary action upon conviction of certain crimes; suspension of license or registration and notification of Division upon certain criminal charges; evidentiary standard for disciplinary action
1. In addition to the grounds specified in NRS 641D.700 and section 57, the Board may take disciplinary action against a licensee or registrant who:
(a) Is convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest or lewdness, indecent exposure, prostitution, solicitation for prostitution or any other sexually related crime;
(4) A crime involving domestic violence;
(5) Abuse or neglect of a child or contributory delinquency;
(6) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;
(7) Abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(8) A violation of any provision of NRS 422.450 to 422.590, inclusive;
(9) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(10) Any felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
(11) An attempt or conspiracy to commit any of the offenses listed in this paragraph.
(b) Has a substantiated report of child abuse or neglect filed against him or her and practices applied behavior analysis for a facility, hospital, agency, program or home, as defined in NRS 449.119, that provides residential services to children.
2. The license of a licensee or registration of a registrant who is charged with a crime listed in paragraph (a) of subsection 1 is automatically suspended pending a hearing to be held by the Board not later than 14 days after the suspension. At the hearing, the Board may determine to continue the suspension until final resolution of the criminal charges if it finds by a preponderance of the evidence that the licensee or registrant committed the crime with which he or she is charged.
3. A licensee or registrant shall provide written notice to the Board within 24 hours after being charged with a crime listed in paragraph (a) of subsection 1.
4. The Board may impose disciplinary action upon finding by a preponderance of the evidence that:
(a) Any of the grounds for disciplinary action listed in this section, subsection 2 of section 37 or NRS 641D.700 exist; or
(b) The person who is the subject of the disciplinary action has committed any act constituting unprofessional conduct pursuant to this chapter.
5. As used in this section, "preponderance of the evidence" has the meaning ascribed to it in NRS 233B.0375.

Nev. Admin. Code § 641D.600

Added to NAC by Bd. of Applied Behavior Analysis by R045-19, eff. 8/26/2020; A by R005-24A, eff. 10/23/2024

NRS 641D.240, 641D.700, 641D.710