NAC640D.220. Suspension and revocation of licenses; administrative fines.

If the Executive Officer finds grounds for taking disciplinary action against a licensee for:

     1. Habitual drunkenness or addiction to the use of a controlled substance while practicing as a music therapist, the Executive Officer shall:

     (a) For a first violation, issue a decision suspending the license of the licensee for a period of 30 days.

     (b) For a second or subsequent violation, issue a decision revoking the license of the licensee.

     2. Allowing another person to use the license of the licensee, the Executive Officer shall:

     (a) For a first violation, issue a decision imposing an administrative fine of $500.

     (b) For a second violation, issue a decision imposing an administrative fine of $500 and suspending the license of the licensee for a period of 30 days.

     (c) For a third or subsequent violation, issue a decision imposing an administrative fine of $500 and revoking the license of the licensee.

     3. A violation of any provision of this chapter or chapter 640D of NRS, the commission of any unethical act which is contrary to the public interest or a failure to comply with the Code of Professional Practice of the Certification Board for Music Therapists or its successor organization which is not likely to and does not result in harm to or have a negative effect on a client and which is not likely to and does not compromise the ability of a client to achieve his or her highest practicable physical, mental or psychosocial well-being, the Executive Officer shall:

     (a) For a first or second violation, issue a decision imposing an administrative fine of $25.

     (b) For a third or subsequent violation, issue a decision imposing an administrative fine of $50.

     4. A violation of any provision of this chapter or chapter 640D of NRS, the commission of any unethical act which is contrary to the public interest or a failure to comply with the Code of Professional Practice of the Certification Board for Music Therapists or its successor organization which results in not more than minimal discomfort to a client or which has the potential to compromise the physical or psychological status of a client if intervention is not provided, the Executive Officer shall:

     (a) For a first violation, issue a decision imposing an administrative fine of $100.

     (b) For a second violation, issue a decision imposing an administrative fine of $250.

     (c) For a third or subsequent violation, issue a decision imposing an administrative fine of $300.

     5. A violation of any provision of this chapter or chapter 640D of NRS, the commission of any unethical act which is contrary to the public interest or a failure to comply with the Code of Professional Practice of the Certification Board for Music Therapists or its successor organization which causes actual harm to a client and results in a decline in the clinical status of the client, a physical injury that severely impacts the functional ability of the client or a psychological injury that limits substantially the major life activities of the client, or which can be predicted with substantial probability to result in the death of or serious harm to the client, the Executive Officer shall:

     (a) For a first violation, issue a decision imposing an administrative fine of $500, except that if the Executive Officer determines that the harm was intentional the Executive Officer shall issue a decision imposing an administrative fine of $500 and revoking the license of the licensee.

     (b) For a second violation, issue a decision imposing an administrative fine of $500 and suspending the license of the licensee for a period of 30 days, except that if the Executive Officer determines that the harm was intentional the Executive Officer shall issue a decision imposing an administrative fine of $500 and revoking the license of the licensee.

     (c) For a third or subsequent violation, issue a decision imposing an administrative fine of $500 and revoking the license of the licensee.

     6. Negligence, fraud or deception in connection with the music therapy services a licensee is authorized to provide, the Executive Officer shall:

     (a) For a first violation, issue a decision imposing an administrative fine of $500, except that if, but for the fraud or deception of the licensee, the application for a license by the licensee would have been denied, the license of the licensee would have been suspended or revoked or the licensee would have been subject to disciplinary action, the Executive Officer shall issue a decision imposing such denial, suspension, revocation or disciplinary action as would otherwise have been imposed.

     (b) For a second violation, issue a decision imposing an administrative fine of $500 and suspending the license of the licensee for a period of 30 days, except that if, but for the fraud or deception of the licensee, the application for a license by the licensee would have been denied, the license of the licensee would have been suspended or revoked or the licensee would have been subject to disciplinary action, the Executive Officer shall issue a decision imposing such denial, suspension, revocation or disciplinary action as would otherwise have been imposed.

     (c) For a third or subsequent violation, issue a decision imposing an administrative fine of $500 and revoking the license of the licensee.

     (Added to NAC by Bd. of Health by R077-12, eff. 12-20-2012)