NAC641A.243. Professional responsibility.

A marriage and family therapist, clinical professional counselor or intern:

     1. Shall not misrepresent, in advertising or otherwise, his or her education, training, type of license, qualifications, competence or service, or the results to be achieved if he or she provides service to a client.

     2. Shall not engage in the practice of marriage and family therapy or the practice of clinical professional counseling while impaired by:

     (a) Alcohol, drugs or any other chemical; or

     (b) A mental or physical condition that prevents him or her from safely engaging in the practice of marriage and family therapy or the practice of clinical professional counseling.

     3. Shall not use his or her relationship with a client to further his or her own personal, religious, political or business interests.

     4. Shall set and maintain professional boundaries with clients, interns and persons with whom he or she works.

     5. Shall not give or receive, directly or indirectly, a fee, commission, rebate or other compensation for professional services that he or she has not actually and personally provided.

     6. Shall not knowingly offer service to a client who is receiving treatment from another marriage and family therapist, clinical professional counselor or intern, or a holder of a license, certificate or registration issued by any other similar board, without prior consultation between the client and the other marriage and family therapist, clinical professional counselor, intern or holder of the license, certificate or registration.

     7. Except as otherwise provided in subsection 8, shall not disparage the qualifications of any colleague.

     8. Shall report to the Board any unlicensed, unauthorized, unqualified or unethical practice of marriage and family therapy or the practice of clinical professional counseling that is occurring.

     9. Shall not attempt to diagnose, prescribe for, treat or provide advice for any problem which is outside of his or her field of competence, the scope of the practice of marriage and family therapy or the practice of clinical professional counseling, as applicable, or the scope of his or her license.

     10. Shall base his or her practice upon the recognized knowledge relevant to marriage and family therapy or clinical professional counseling, as applicable.

     11. Shall critically examine and keep current with emerging knowledge relevant to the practice of marriage and family therapy or the practice of clinical professional counseling, as applicable.

     12. Based upon recognized knowledge and standards for the practice of marriage and family therapy or the practice of clinical professional counseling, as applicable, shall prepare and maintain in a timely manner a record for each of his or her clients which:

     (a) Sets forth his or her assessment of the problems of the client, plan of action for the client, course of treatment for the client and progress notes regarding the course of treatment of the client; and

     (b) Includes copies of other relevant documentation, including, without limitation:

          (1) All documents relating to the informed consent given by the client;

          (2) All documents relating to the release of information regarding the client; and

          (3) All other legal documents regarding the client.

Ê As used in this subsection, “assessment” means an evaluation of the impairment in the functioning of a client that is based upon comprehensive information about the client.

     13. Shall complete and submit any reports required by this chapter and chapter 641A of NRS, or pursuant to any rule, order or instruction of a court of competent jurisdiction, in a timely manner.

     14. Shall comply with the provisions of this chapter and chapter 641A of NRS and all other applicable federal laws and regulations.

     15. Shall not authorize a person under the supervision of the marriage and family therapist or clinical professional counselor to perform services that are outside of the scope of the license, training or experience of the person performing the services, or allow such a person to hold himself or herself out as having expertise in a field or activity in which that person is not qualified.

     16. Shall notify the Board in writing within 10 days after:

     (a) An action is taken against any license, certification, registration or other credential held by the marriage and family therapist, clinical professional counselor or intern that was issued by another state or territory of the United States;

     (b) A criminal charge is filed against the marriage and family therapist, clinical professional counselor or intern;

     (c) The marriage and family therapist, clinical professional counselor or intern is convicted of a criminal offense, other than a traffic offense which is a misdemeanor that does not involve alcohol or controlled substances;

     (d) A civil action, including, without limitation, an action for malpractice, is filed against the marriage and family therapist, clinical professional counselor or intern; or

     (e) A settlement or judgment is made in any civil action, including, without limitation, an action for malpractice, in any case filed against the marriage and family therapist, clinical professional counselor or intern for any act relating to the practice of marriage and family therapy or the practice of clinical professional counseling, as applicable.

     (Added to NAC by Bd. of Exam’rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd. of Exam’rs for Marriage & Fam. Therapists & Clinical Prof. Counselors by R060-08, 9-18-2008)