Nevada Mental Health

Sec. § 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

Last accessed
Feb. 5, 2021