Nev. Admin. Code § 641B.200 - Professional responsibility
1. The status of a
licensee must not be used to support any claim, promise or guarantee of
successful service, nor may the license be used to imply that the licensee has
competence in another profession.
2. A licensee shall not misrepresent,
directly or by implication, his or her own professional qualifications,
competency, affiliations and licenses, or those of the institutions and
organizations with which he or she is associated. A licensee shall provide
accurate information concerning his or her credentials, education, training and
experience upon request from a client or potential client.
3. If a licensee holds more than one
occupational license, he or she shall disclose to his or her client orally and
in writing the type of practice of social work in which the licensee is engaged
and which of the licenses apply to the practice of social work the licensee is
providing to that client. If a licensee is engaged in a practice that is not
the practice of social work, the licensee shall disclose to the client orally
and in writing the type of practice in which the licensee is engaged and that
the practice is not within the scope of the practice of social work. If the
licensee fails to disclose to the client that the practice in which the
licensee is engaged is a practice other than the practice of social work, the
Board, in evaluating whether the licensee is in compliance with the standards
of professional responsibility, will presume that the practice in which the
licensee was engaged was intended to be the practice of social work.
4. A licensee shall not engage in the
practice of social work while:
(a) The
licensee is impaired by alcohol, drugs or any other chemical; or
(b) The licensee is impaired by a mental or
physical condition that prevents him or her from practicing safely.
5. A licensee shall not use his or
her relationship with a:
(a) Client;
(b) Person with significant personal ties to
a client, whether or not related by blood; or
(c) Legal representative of the client,
to further his or her own personal, religious, political or business interests.
6. A
licensee is responsible for setting and maintaining professional boundaries
with:
(a) Each client;
(b) Each person with significant personal
ties to a client, whether or not related by blood;
(c) The legal representative of the
client;
(d) Each intern;
and
(e) Persons who are supervised
by the licensee.
7.
Except as otherwise provided by law, a licensee shall not give or receive,
directly or indirectly, a fee, commission, rebate or other compensation for
professional services that the licensee has not actually and personally
rendered. If a licensee is supervising the work of an intern or employee, any
billing or documentation of the work must clearly show that the licensee
supervised the work and did not personally render services.
8. A licensee shall not knowingly offer
service to a client who is receiving treatment from another licensee without
prior consultation between the client and the other licensee.
9. Except as otherwise provided in subsection
13, a licensee shall not disparage the qualifications of any
colleague.
10. A licensee shall not
attempt to diagnose, prescribe for, treat or advise on any problem outside his
or her field of competence. Except as otherwise provided in this subsection, a
licensee shall not assume duties and responsibilities within the practice of
social work if he or she cannot perform the services competently. A licensee
may assume duties and responsibilities within the practice of social work,
except for the duties and responsibilities described in section 6, for which he
or she cannot currently perform the services competently if he or she prepares
a reasonable written plan demonstrating the manner in which he or she will
acquire the competence necessary to perform the services competently. Such a
plan must be completed under the supervision of or with the consultation of a
professionally qualified person who can demonstrate competency in the area of
study. A copy of a plan prepared pursuant to this subsection must be provided
to the Board upon request by the Board.
11. A licensee shall base his or her practice
upon recognized knowledge relevant to social work.
12. A licensee shall critically examine and
keep current with emerging knowledge relevant to social work.
13. A licensee shall report to the Board any
unlicensed, unauthorized, unqualified or unethical practice of social
work.
14. Based upon recognized
knowledge and standards of practice for social work, a licensee shall prepare
and maintain in a timely manner a record regarding each of his or her clients
which:
(a) Sets forth his or her assessment of
the problems, issues or concerns of the client, the course of treatment or plan
of care for the client and the scope of the licensee's services to that client,
including, without limitation, any interventions, consultations or mandated
reporting; and
(b) Includes,
without limitation, copies of:
(1) All
documents relating to the informed consent of the client;
(2) All documents relating to the release of
information regarding the client;
(3) A record of each contact with the client
which includes the date and time of the contact; and
(4) All other documents required by law or
legal documents regarding the client.
15. A licensee shall not:
(a) Inaccurately record, falsify or otherwise
alter or destroy any client's records unless specifically authorized by
law.
(b) Falsify billing
records.
(c) Bill for services not
rendered or supported by documentation.
(d) Refuse to release a client's records upon
request by the client unless otherwise specifically authorized by
law.
16. A licensee
shall maintain each client's records in accordance with
NRS
629.051, as amended by section 4 of Senate
Bill No. 291, chapter 415, Statutes of Nevada 2017, at page 2757.
17. A licensee shall adequately complete and
submit to the Board any reports required pursuant to chapter 641B of NRS, any
regulations adopted pursuant to that chapter and any order, rule or instruction
of a court of competent jurisdiction in a timely manner.
18. A licensee shall comply with all the
provisions of the statutes and regulations governing the practice of social
work that are set forth in this chapter and chapter 641B of NRS. A licensee
shall comply with any state or federal law or regulation that is relevant to
the practice of social work.
19. A
licensee shall not authorize a person under the supervision of the licensee to
perform services outside of the level of licensure, training or experience of
the person who is supervised or allow that person to hold himself or herself
out as having expertise in a field in which he or she is not
qualified.
20. A licensee shall not
order or knowingly allow a person under the supervision of the licensee to
engage in any illegal or unethical act related to social work.
21. A licensee shall notify the Board in
writing within 30 days after:
(a) An action is
taken against a professional license, certification, registration or credential
of the licensee issued by any state or territory of the United
States;
(b) A criminal charge is
filed against the licensee;
(c) The
licensee is charged with or convicted of a criminal offense other than a
misdemeanor traffic offense, including, without limitation, driving under the
influence of alcohol or a controlled substance;
(d) A civil action, including, without
limitation, an action for malpractice, is filed against the licensee for any
act relating to the practice of social work;
(e) A settlement or judgment in a civil
action, including, without limitation, an action for malpractice, is filed
against the licensee for any act relating to the practice of social work;
or
(f) The licensee has entered
into a program for the treatment of substance abuse or any other behavioral
impairment that affects his or her ability to deliver essential social work
services.
22. A licensee
shall not supervise any person who engages in the practice of social work if
that person has not satisfied the appropriate requirements for licensure
pursuant to this chapter and chapter 641B of NRS.
23. A licensee shall not provide any
services, including, without limitation, any diagnosis, therapeutic counseling,
therapy or other clinical services, to an intern or other person over whom the
licensee has administrative, educational or supervisory authority.
24. A licensee shall not knowingly obstruct
an investigation conducted by the Board.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.