Nev. Admin. Code § 641D.Sec. 57 - NEW

In addition to the acts specified in NRS 641D.700, the following acts, among others, constitute unprofessional conduct:

1. Engaging in the practice of applied behavior analysis when unable to do so with reasonable skill and safety to patients and clients because of the use of alcohol or any controlled substance, or because of any mental or physical condition or illness suffered by the licensee or registrant;

2. Being guilty of negligence in the practice of applied behavior analysis;

3. Allowing another person to use the license or registration issued to the licensee or registrant;

4. Failing to report or otherwise concealing information related to a violation of this chapter or chapter 641D of NRS which could result in harm to the public health and welfare;

5. Intentionally making or filing a false or misleading report;

6. Failing to file a report which is required by law or a third person or intentionally obstructing or attempting to obstruct another person from filing such a report;

7. Intentionally harassing, abusing or intimidating a patient, client, employer, employee, colleague or other person, either physically or verbally, including, without limitation, sexual harassment, abuse or intimidation;

8. Failing to notify the Board of disciplinary action imposed upon the licensee, registrant or applicant for licensure by a regulatory authority in another jurisdiction in which the licensee, registrant or applicant currently holds or held a license or registration;

9. Divulging, without the consent of a patient or client, information gained within the context of a professional relationship with the patient or client, unless otherwise required by law;

10. Failing to obtain the informed consent of a patient or client before engaging in scientific research involving the patient or client;

11. Violating a provision of the "Ethics Code for Behavior Analysts" or "RBT Ethics Code (2.0)," as applicable, adopted by reference in section 49;

12. Violating a provision of the "Board Certified Behavior Analyst Handbook," "Board Certified Assistant Behavior Analyst Handbook" or "Registered Behavior Technician Handbook," as applicable, adopted by reference in section 46;

13. Referring or appearing to refer a patient or client to a third person to receive a fee or other consideration from the third person;

14. Recommending or prescribing therapeutic devices or modalities sold by a third person to receive a fee or other consideration from the third person;

15. Advertising in a manner that tends to deceive or mislead the public or advertising deceptive or misleading information;

16. Making false statements, providing false information or omitting pertinent information in connection with an application for or renewal of a license or registration;

17. Misrepresenting or falsifying credentials, including, without limitation, those relating to education, training, experience and areas of competency;

18. Practicing or offering to practice beyond the scope authorized by law; and

19. Performing professional services which the licensee or registrant knows he or she is not competent to perform.

Notes

Nev. Admin. Code § 641D.Sec. 57

Added to NAC by Bd. of Applied Behavior Analysis by R005-24A, eff. 10/23/2024

NRS 641D.240, 641D.710