NRS 437.400
Grounds for disciplinary action.


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 Division 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 437.060 and 437.070, 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 Division or 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 or a foreign country, 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 Division 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.

(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.
Ê 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.

Source: Section 437.400 — Grounds for disciplinary action., https://www.­leg.­state.­nv.­us/NRS/NRS-437.­html#NRS437Sec400.

437.001
Definitions.
437.005
“Assistant behavior analyst” defined.
437.010
“Behavior analyst” defined.
437.015
“Board” defined.
437.020
“Community” defined.
437.025
“Division” defined.
437.030
“Gross malpractice” defined.
437.035
“Malpractice” defined.
437.040
“Practice of applied behavior analysis” defined.
437.045
“Professional incompetence” defined.
437.050
“Registered behavior technician” defined.
437.055
“State certified behavior interventionist” defined.
437.060
Applicability of chapter.
437.065
Exemptions from requirements for licensure and registration.
437.070
Student, intern, trainee or fellow authorized to practice applied behavior analysis under supervision.
437.075
Duty of licensee or registrant to limit practice to areas of competence
437.100
Creation
437.105
Salary of members
437.110
Rules and regulations.
437.130
Enforcement: Authority and duties of Board
437.135
Division authorized to hold hearings, conduct investigations and take evidence with approval of Board.
437.140
Board to prescribe fees by regulation
437.145
Records: Duties of Division
437.150
Immunity from civil liability.
437.200
Application and fee
437.205
Qualifications of applicant
437.207
Board prohibited from denying application based solely on immigration or citizenship status of applicant
437.210
Payment of child support: Submission of certain information by applicant
437.215
Expedited license by endorsement as behavior analyst: Requirements
437.220
Expedited license by endorsement as behavior analyst for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements
437.225
Renewal: Application
437.330
Renewal: Information concerning state business license required
437.335
Automatic suspension for failure to pay biennial fee for renewal
437.400
Grounds for disciplinary action.
437.405
Regulations concerning additional grounds for disciplinary action.
437.410
Authorized disciplinary action
437.415
Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants
437.420
Service of process
437.425
Subpoenas.
437.430
Filing and retention of complaints.
437.435
Review of complaint by Division
437.440
Investigation into practice of applied behavior analysis without proper credential
437.445
Investigation of complaint by Attorney General upon retention by Division
437.450
Examination regarding competence to practice applied behavior analysis.
437.455
Limitation on time for completion of examination if license or registration is suspended pending disciplinary proceedings.
437.460
Commencement of disciplinary proceedings required for certain violations of Industrial Insurance Act.
437.465
Requirements for proof.
437.470
Judicial review
437.475
Temporary restraining order or preliminary injunction against practitioner of applied behavior analysis pending disciplinary proceedings.
437.480
Injunction against practicing applied behavior analysis without license.
437.485
Immunity of certain persons from civil liability.
437.490
Procedure for removing limitation, terminating probation or reinstating license.
437.500
Representation as behavior analyst, assistant behavior analyst or registered behavior technician or practice of applied behavior analysis without proper credential prohibited.
437.505
Limitations on practice of assistant behavior analyst or registered behavior technician.
437.510
Prohibited acts
Last Updated

Jun. 24, 2021

§ 437.400’s source at nv​.us