NAC641C.445. “Professional incompetence” interpreted.

     1. For the purposes of subsection 4 of NRS 641C.700, the Board will interpret the term “professional incompetence” to mean a lack of knowledge, skill or ability in discharging a professional obligation, and to include, without limitation, malpractice, negligence and gross negligence.

     2. As used in this section:

     (a) “Gross negligence” means conduct 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 which represents an extreme departure from the standard of care required from a counselor or certified intern under the circumstances.

     (b) “Malpractice” means conduct 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 which falls below the standard of care required from a counselor or certified intern under the circumstances.

     (c) “Negligence” means conduct 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 which represents a departure from the standard of care required from a counselor or certified intern under the circumstances.

     (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)