NRS641C.720. Filing of complaint; authorized disciplinary action; reinstatement of suspended or revoked license or certificate; private reprimands prohibited; orders imposing discipline deemed public records; retention of complaints.

      1.  The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

      2.  If, after notice and a hearing as required by law, the Board determines that a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:

      (a) Administer a public reprimand;

      (b) Suspend the license or certificate and impose conditions for the removal of the suspension;

      (c) Revoke the license or certificate and prescribe the requirements for the reinstatement of the license or certificate;

      (d) If he or she is a licensed or certified counselor, require him or her to be supervised by another person while engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      (e) Require him or her to participate in treatment or counseling and pay the expenses of that treatment or counseling;

      (f) Require him or her to pay restitution to any person adversely affected by his or her acts or omissions;

      (g) Impose a fine of not more than $5,000; or

      (h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.

      3.  If a license or certificate is revoked or suspended pursuant to subsection 2, the licensed or certified counselor or certified intern may apply to the Board for reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or certificate. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.

      4.  The Board shall not administer a private reprimand.

      5.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      6.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 1999, 3057; A 2003, 3459; 2005, 795; 2007, 3071; 2009, 904)