NAC641C.405. Professional responsibility.

A counselor or certified intern:

     1. Shall not misrepresent, in advertising or otherwise, his or her education, training, type of license or certificate, 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 counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers while he or she is 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 counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

     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 counselor or certified intern, or a licensee or holder of a certificate issued by any other similar board, without prior consultation between the client and the other counselor, certified intern, licensee or holder of a certificate.

     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 counseling alcohol and drug abusers, clinical practice of counseling alcohol and drug abusers or practice of counseling problem gamblers 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 counseling alcohol and drug abusers, the scope of the clinical practice of counseling alcohol and drug abusers, the scope of the practice of counseling problem gamblers or the scope of his or her license or certificate.

     10. Shall base his or her practice upon the recognized knowledge relevant to the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

     11. Shall critically examine and keep current with emerging knowledge relevant to the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

     12. Based upon recognized knowledge and standards for the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers, 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 to that 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 patterns of substance abuse and associated impairments in functioning of a client that is based upon comprehensive biopsychosocial information about the client or the patterns of problem gambling and associated impairments in functioning of a client that is based upon comprehensive biopsychosocial information about the client.

     13. Shall complete and submit any reports required by this chapter and chapter 641C 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 641C of NRS and all other applicable federal laws and regulations.

     15. Shall not authorize a person under the supervision of the counselor or certified intern to perform services that are outside of the scope of the license, certificate, 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 counselor or certified intern that was issued by another state or territory of the United States;

     (b) A criminal charge is filed against the counselor or certified intern;

     (c) The counselor or certified 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 counselor or certified 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 counselor or certified intern for any act relating to the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)