NRS 437.440
Investigation into practice of applied behavior analysis without proper credential

  • issuance of order to cease and desist
  • issuance of citation
  • administrative fine
  • appeal of citation.

1.

The Division shall request the approval of the Board to conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has violated NRS 437.500. Upon the approval of the Board, the Division shall conduct such an investigation.

2.

If, after an investigation, the Division determines that a person has violated NRS 437.500, the Division:

(a)

May, with the approval of the Board:

(1)

Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 437.500 until the person obtains the proper license or registration; and

(2)

Issue a citation to the person; and

(b)

Shall request the approval of the Board to provide a written summary of the Division’s determination and any information relating to the violation to the Attorney General. Upon the approval of the Board, the Division shall provide such a summary to the Attorney General.

3.

A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 437.500 constitutes a separate offense for which a separate citation may be issued.

4.

For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

(a)

For a first violation, $500.

(b)

For a second violation, $1,000.

(c)

For a third or subsequent violation, $1,500.

5.

To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Division within 30 days after the date of issuance of the citation.

Source: Section 437.440 — Investigation into practice of applied behavior analysis without proper credential; issuance of order to cease and desist; issuance of citation; administrative fine; appeal of citation., https://www.­leg.­state.­nv.­us/NRS/NRS-437.­html#NRS437Sec440.

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

§ 437.440’s source at nv​.us