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STATE OF NEVADABOARD OF EXAMINERS FOR SOCIAL WORKERS4600 Kietzke Lane, Suite C121, Reno, Nevada 89502775-688-2555NOTICE OF WORKSHOP TO SOLICIT COMMENTS ON PROPOSED REGULATIONSPursuant to NRS 233B.061(2), prior to conducting a public hearing, an agency shall conduct at leastone workshop to solicit comments from interested persons on one or more general topics to beaddressed in the proposed regulations. The Board of Examiners for Social Workers (Board) isproposing the addition, amendment and/or repeal of regulations pertaining to Chapter 641B of theNevada Administrative Code. A Public Workshop to solicit comments from interested persons hasbeen set as follows: 10:30am to 1:30pm, Friday, November 3, 2017. The locations for the workshopwill be: Mojave Mental Health, 745 West Moana Lane, Suite 100, Reno, Nevada 89509 and MojaveMental Health, 4000 East Charleston Blvd., Suite B-230, Las Vegas, NV 89104.The purpose of the workshop is to solicit comments from interested persons on the following generaltopics that may be addressed in the proposed regulations - LCB File Number: R110-17: Reducing the amount of time an application is considered open. Removal of “Provisional C” licensure based on legislative changes in endorsement. Expanding clinical hours allowed per quarter for clinical internships. Telecommunication options for supervision of clinical / independent internships. Expanding content areas for ethics CEUs and increasing ethics CEUs to 4 per renewal periodfor all licensees. Removal of the 1-year grace period for CEUs post-graduation. Removal of limitation of the number of CEUs that can be earned online. Changes for Board approved CEU vendors. Development of a professional will for social workers in independent practice.A copy of the proposed regulations may be obtained at the workshop or by contacting the SocialWorkers, 4600 Kietzke Lane, Suite C-121, Reno, NV 89502. A copy of the proposed regulations arealso available for viewing and printing from the Board’s website, www.socwork.nv.gov. Emailcomments will be accepted prior to the workshop date. Pursuant to NRS 233B.061(2), this Notice ofWorkshop to Solicit Comments on Proposed Regulations (Notice) will be sent out electronically to allindividuals licensed by this Board currently on the Board’s listserv. Written notification will be sent to alllicensees not on the listserv. Notice of this workshop will be posted at the Board of Examiners forSocial Workers office, the Board’s website, www.socwork.nv.gov, and the following locations: WashoeCo. Dept. of Social Services, 350 S. Center St., Reno; Clark Co. Social Services, 1600 Pinto Ln., LasVegas; UNR School of Social Work, Ansari Business Bldg., Rm. 523, 900 N. Virginia St., Reno; UNLVSchool of Social Work, Central Desert Complex 10, 4505 Maryland Pkwy., Las Vegas. This Notice hasalso been posted at various libraries throughout Nevada. A list of libraries posting this Notice may befound on the Board’s website, www.socwork.nv.gov.
STATE OF NEVADABOARD OF EXAMINERS FOR SOCIAL WORKERS4600 Kietzke Lane, Suite C121, Reno, Nevada 89502775-688-2555Proposed Regulation ChangeLCB File Number: R110-17Since we do not yet have codification of R018-16, I have combined the existing NAC 641B,the yet to be codified NAC 641B from R018-16, and the temporary regulation T000-16 intoone document.EXPLANATION – Matter in italics is new, matter is brackets and struck through [omitted material]is material to be omitted. All proposed changes are highlighted in yellow.1
GENERAL PROVISIONSNAC 641B.026 “Continuing education collection period” defined.(NRS 641B.160)“Continuing education collection period” means the period from initial licensure through thelicensees second renewal and then every two years thereafter.NAC 641B.041“Licensed associate in social work” defined. (NRS 641B.160)“Licensedassociate in social work” means a person licensed by the Board pursuant to NRS 641B.210 to engagein the practice of social work as an associate in social work under the supervision of an agency.(Added to NAC by Bd. of Exam’rs for Social Workers by R079-02, eff. 1-9-2003)NAC 641B.042“Licensed clinical social worker” defined. (NRS 641B.160)“Licensed clinicalsocial worker” means a person licensed by the Board pursuant to NRS 641B.240 to engage in theindependent practice of social work as a clinical social worker.(Added to NAC by Bd. of Exam’rs for Social Workers by R079-02, eff. 1-9-2003)NAC 641B.043“Licensed independent social worker” defined. (NRS 641B.160)“Licensedindependent social worker” means a person licensed by the Board pursuant to NRS 641B.230 to engagein the independent practice of social work as an independent social worker.(Added to NAC by Bd. of Exam’rs for Social Workers by R079-02, eff. 1-9-2003)NAC 641B.044“Licensed social worker” defined. (NRS 641B.160)“Licensed social worker”means a person licensed by the Board pursuant to NRS 641B.220 to engage in the practice of socialwork as a social worker under the supervision of an agency.(Added to NAC by Bd. of Exam’rs for Social Workers by R079-02, eff. 1-9-2003)NAC 641B.067 “Telehealth” defined. (NRS 641B.160) “Telehealth” means use of varioustechnologies to remotely deliver services to clients. It includes the delivery of services from a2
social worker to a client at a different location using electronic information andtelecommunication technologies.NAC 641B.068Interpretation of term “all costs incurred by the Board relating to thediscipline of the person.” (NRS 641B.160, 641B.430)As used in NRS 641B.430, the Board willinterpret the term “all costs incurred by the Board relating to the discipline of the person” to include,without limitation:1.Attorney’s fees;2.Hearing costs; and3.Investigative fees and costs.(Added to NAC by Bd. of Exam’rs for Social Workers by R079-02, eff. 1-9-2003)3
LICENSING AND SUPERVISIONNAC 641B.090Application for licensure or renewal; conditions for waiver of examination.(NRS 641B.160, 641B.202)1.An application for licensure or renewal [must be complete prior to being processed whichincludes]; must be complete [prior to being] before it can be processed.2. A complete application includes the following;(a) Submission of application [submitted] on a form provided by the Board[.];(b) All [items finished as] information is provided as instructed on the Board approved applicationform;(c) Receipt of all payments and fees; and(d) Receipt of all required documents.[2.]3.For good cause, the Board may allow an applicant to present material at its meeting in additionto the materials which he or she has previously submitted to the Board.[3.]4.By submitting an application, an applicant grants the Board full authority to make anyinvestigation or personal contact necessary to verify the authenticity of, or to clarify an ambiguity in, thematters and information stated within the application. If the Board so requests, the applicant must supplyto the Board information that will verify the authenticity or clarify any ambiguity in the application.[4.]5. An applicant for initial licensure must submit to the Board to satisfy the requirements of NRS641B.202:(a) Two sets of completed fingerprint cards;(b) Written authorization for the Board to forward those cards to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau of Investigation for its report; and(c) The amount of the fees charged by the Central Repository for Nevada Records of Criminal Historyand the Federal Bureau of Investigation for the handling of the fingerprint cards and issuance of thereports of criminal histories.4
[5.]6.If deemed necessary, the Board will appoint a member of the Board or a designee to examinean application, take the actions authorized pursuant to subsection 3 and make recommendations for theBoard’s action.[6.]7.If deemed necessary, the Board will require the personal appearance of the applicant.[7.]8.For each application, the Board will:(a) Approve the application;(b) Defer action on the application pending the receipt by the Board of additional informationconcerning the application; or(c) Deny the application.8.9.The Board [will] may waive the required examination for an applicant if:[(a) The applicant is not eligible for endorsement pursuant to NAC 641B.126;][(b) The applicant has passed an appropriate examination in another state within the 6 monthsimmediately preceding the date on which he or she submits his or her application for licensure with theBoard; and](c) The examination that the applicant passed is an equivalent or higher level [to the] examinationthat the applicant would otherwise be required to take pursuant to NAC 641B.105.(Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88; A 11-8-95; R112-00, 117-2001; R079-02, 1-9-2003; R048-04, 5-25-2004; R142-08, 2-11-2009)NAC 641B.095Evidence of age, citizenship and entitlement to remain and work in UnitedStates. (NRS 641B.160, 641B.200)1.Except as otherwise provided in subsection 2, for the purposes of NRS 641B.200, the Board willaccept as satisfactory evidence of:(a) The age of the applicant,; a copy of his or her certified birth certificate, passport, baptismalcertificate, driver’s license or such other documentation regarding age satisfactory to the Board. If theevidence includes any order of a court or other legal document specifying a change of name of the5
applicant or any form of identification that includes a photograph of the applicant, a copy of the documentor identification must be submitted to the Board.(b) The citizenship of the applicant,; a copy of his or her certified birth certificate, passport,naturalization papers or such other documentation regarding citizenship satisfactory to the Board.(c) The lawful entitlement of the applicant to remain and work in the United States, a copy ofdocumentation from the United States Citizenship and Immigration Services of the Department ofHomeland Security evidencing the lawful entitlement of the applicant to remain and work in the UnitedStates.[2.A birth certificate issued by a hospital is not satisfactory evidence of the age or citizenship of theapplicant.](Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88; A 11-8-95; R122-06, 714-2006)NAC 641B.1051.Examinations. (NRS 641B.160, 641B.250)An applicant for licensure as a licensed social worker, licensed independent social worker orlicensed clinical social worker must pass [a two-part] examination(s) [consisting of] approved by theBoard:[(a) The appropriate examination, as described in subsection 2, given by the Association of SocialWork Boards or another testing administrator that has been approved by the Board; and(b) An examination given by the Board which tests the knowledge of the applicant of the provisionsof this chapter and chapter 641B of NRS and any other provisions of NAC or NRS relevant to the practiceof social work.]2.An applicant for licensure as:(a) A licensed social worker must pass the Bachelors [or Basic] Examination of the Association ofSocial Work Boards if the applicant holds a baccalaureate degree in social work as described in NRS641B.220. If the applicant holds a master’s degree in social work as described in NRS 641B.220, the6
applicant must pass the Bachelors [or Basic] Examination or Masters [or Intermediate] Examination ofthe Association of Social Work Boards.(b) A licensed independent social worker must pass the [Advanced Generalist or] AdvancedExamination of the Association of Social Work Boards.(c) A licensed clinical social worker must pass the Clinical Examination of the Association of SocialWork Boards.3.Except as otherwise provided in this section, an applicant who is required to pass an examinationpursuant to this section must satisfy the Board that he or she possesses the necessary requirementsregarding age, citizenship, character, education and, if applicable for the relevant license, supervisoryexperience before taking the examination. A student of social work currently enrolled in his or her lastsemester may take the examination before the award of his or her degree. For the purposes of thissubsection, “student of social work” means a person enrolled in an undergraduate or graduate programof study leading to a degree in social work from a college or university accredited by the Council on SocialWork Education or which is a candidate for such accreditation.4.An applicant for initial licensure as a Licensed Social Worker (LSW), who is required to pass anexamination pursuant to this section must do so within [1 year] six months after satisfying therequirements set forth in subsection 3.5.In addition to the requirements for offering examinations set forth in NRS 641B.250, examinationswill be offered as deemed appropriate by the Board and as scheduled by the Association of Social WorkBoards or another testing administrator that has been approved by the Board.6.A failed examination for initial licensure may be retaken 90 days after the failed examination.[Thereafter, only one examination may be taken every 6 months.] A licensee in an independent internship(NAC 641B.140) or clinical internship (NAC641B.150) may retake a failed exam 90 days after the failedexam and thereafter only one examination may be taken every six months.(Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88; A 11-28-89; 11-8-95;R112-00, 1-17-2001; R079-02, 1-9-2003; R142-08, 2-11-2009; R025-14, 10-24-2014)7
NAC 641B.111Restoration of expired license: Required submissions; notification of oweddebt; extension for completion of continuing education; hearing for restoration under certaincircumstances. (NRS 641B.160, 641B.280, 641B.290)1.An application for restoration of an expired license must be completed on a form supplied by theBoard and submitted to the Board within 3 years after the date on which the license expired.2.In addition to the requirements set forth in NRS 641B.290 and except as otherwise provided insubsection 4, an application for restoration of an expired license must be accompanied by:(a) Two sets of completed fingerprint cards;(b) Written authorization for the Board to forward those cards to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau of Investigation for its report;(c) The amount of the fees charged by the Central Repository for Nevada Records of Criminal Historyand the Federal Bureau of Investigation for the handling of the fingerprint cards and issuance of the reportof criminal history;(d) Evidence of the completion of all past continuing education hours; and(e) Evidence that:(1) The appropriate examination for licensure was passed by the applicant [within the immediatelypreceding 15 years;] or(2) The licensee has maintained an equivalent license from another state in good standing.3.If the State Controller has notified the Board pursuant to subsection 5 of NRS 353C.1965 that theapplicant owes a debt to an agency which has been assigned to the State Controller for collectionpursuant to NRS 353C.195, the Board will not restore the applicant’s expired license unless the Boardreceives notification from the State Controller that the applicant has:(a) Satisfied the debt;(b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or(c) Demonstrated that the debt is not valid.4.After receiving an application for restoration of an expired license, the Board may:8
(a) Grant an extension of not more than 6 months for the completion of past continuing educationhours; and(b) For good cause, waive the requirements of subsection 2 regarding [the examination and]continuing education hours as described in subsection 7 of NAC641B.187.5.If the applicant has been the subject of a disciplinary action by the Board or any other licensingagency in this State or any other jurisdiction, the Board may hold a hearing on an application for therestoration of an expired license to consider, without limitation:(a) The possible refusal to restore the expired license; and(b) The restoration of the expired license and the imposition of disciplinary action.(Added to NAC by Bd. of Exam’rs for Social Workers by R113-98, eff. 1-13-99; A by R11200, 1-17-2001; R142-08, 2-11-2009; R025-14, 10-24-2014)NAC 641B.112Provisional license: Eligibility; validity; disciplinary action; reinstatement orrestoration; supervision of holder. (NRS 641B.160, 641B.275)1.For purposes of paragraph (b) of subsection 1 of NRS 641B.275:(a) An applicant must cause the college or university to forward directly to the Board the evidence ofenrollment.(b) The evidence of enrollment must include evidence, that is satisfactory to the Board, of formaladmission to the program of study and of satisfactory progress toward the degree, indicating that theapplicant will be able to obtain the degree in social work within 3 years.2.A provisional license issued pursuant to paragraph (b) of subsection 1 of NRS 641B.275 is nolonger valid:(a) If, upon request of the Board, the licensee fails to cause the college or university to forward directlyto the Board evidence of enrollment that complies with subsection 1.(b) If the licensee fails to renew his or her provisional license [in a timely manner] by:(1) Submitting to the Board the application for renewal on a form supplied by the Board and theappropriate fee; and9
(2) Causing the college or university to forward directly to the Board evidence of enrollment thatcomplies with subsection 1.(c) Three years after:(1) The initial issuance of the license; or(2) The licensee graduates from a program of study leading to a degree in social work, whichever occurs first.[3. The Board may issue a one-year provisional license to an applicant seeking endorsement of anequivalent social work license who:(a) Completes and submits an application of licensure on a form supplied by the Board and theappropriate fee;(b) Agrees to the processing of the form and fingerprints as described in NAC 641B.090, sections 1through 4; and(c) Provides preliminary information which can be verified by the Board of the following:(1) The applicant holds a corresponding valid and unrestricted license to engage in social workin the District of Columbia or any state or territory of the United States;(2) The applicant provides a clear, photocopy of current and official forms of governmentidentification that includes:(i) A photograph of the applicant, verifying the identity of the applicant; and(ii) Supporting documentation that the applicant is a citizen of the United States or otherwisehas the legal right to remain and work in the United States.(d) The applicant shall sign a notarized affidavit accompanying the application stating that:(1) The information contained in the application and any accompanying material or documentssubmitted during the entire application process are true and correct;(2) The applicant has not been disciplined, investigated or under investigation by a correspondingregulatory authority in the District of Columbia or any state or territory in which the applicantholds or has held a license to engage in social work; and10
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or anystate or territory of the United States.(e) Unless the Board denies the application for good cause, within forty-five days, the Board shallissue a one-year provisional license to engage in social work, following receipt of:(1) The information required is in subsections (a), (b) and (c); and(2) A complete set of fingerprints accompanied by the applicant’s written permission authorizingthe Board to forward the fingerprints in the manner provided in NRS 641B.202.(f)Within this one-year period of provisional licensure, the applicant shall, pursuant to NAC641B.095, NAC 610B.100, and NAC 641B.126 submit the documents and information, in a mannerrequired by the regulations specified in this subsection.(g) Within the one-year period of provisional licensure
of social work.] 2. An applicant for licensure as: (a) A licensed social worker must pass the Bachelors [or Basic] Examination of the Association of Social Work Boards if the applicant holds a baccalaureate degree in social work as described in NRS 641B.220. If the applicant holds a master’s degree in
