NAC641.229. Impairment of licensee or certificate holder; limitation on contact with current or former patient or client.

     1. A psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall not begin or continue a professional relationship with a patient or client if the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist is impaired, or has received notification from the Board that the Board reasonably suspects him or her to be impaired, because of mental, emotional, physiological, pharmacological or substance abuse problems. If such a problem develops during the course of a professional relationship, the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall:

     (a) Terminate the relationship;

     (b) Notify the patient or client in writing of the termination; and

     (c) Assist the patient or client in obtaining services from another professional.

     2. A psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall not begin or continue a professional relationship with a patient or client if the objectivity or competency of the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist is impaired, or if the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist has received notification from the Board that the Board reasonably suspects his or her objectivity or competency to be impaired, because the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist has or had a family, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the patient or client or a person associated with or related to the patient or client.

     3. If a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist has rendered professional services to a person, the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall not:

     (a) Engage in any verbal or physical behavior with the person which is sexually seductive, demeaning or harassing;

     (b) Engage in sexual contact with the person; or

     (c) Enter into a financial or other potentially exploitive relationship with the person,

Ê for at least 2 years after the termination of the professional relationship, or for an indefinite time if the person is clearly vulnerable to exploitive influence by the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist because of an emotional or cognitive disorder.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R117-08, 12-17-2008; R209-09, 10-15-2010)