Establishes provisions relating to behavioral health. (BDR 54-145)

- 83rd Session (2025)
Senate Bill No. 165–Senators Nguyen; Buck and Steinbeck

CHAPTER..........

AN ACT relating to behavioral health; providing for the licensure
and regulation of behavioral health and wellness
practitioners; requiring the establishment of a Behavioral
Health and Wellness Practitioner Advisory Group;
authorizing the Board of Psychological Examiners to
investigate and impose discipline on a behavioral health and
wellness practitioner; pro hibiting the unlicensed practice of
behavioral health promotion and prevention; establishing a
privilege for certain confidential communications between a
patient and a behavioral health and wellness practitioner
under certain circumstances; requiring Medicaid to cover
behavioral health promotion and prevention services
provided by a behavioral health and wellness practitioner;
providing penalties; requiring certain allocations and
transfers of money and authorizing certain expenditures; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure of psychologists by the Board of
Psychological Examiners. (NRS 641.160, 641.170, 641.196) The Board also
registers psychological assistants, psycholo gical interns and psychological trainees.
(NRS 641.226)
Section 10 of this bill defines “behavioral health and wellness practitioner” to
mean a person who is licensed to practice behavioral health promotion and
prevention. Section 11 of this bill defines “behavioral health promotion and
prevention” to mean the supervised clinical use of prevention and intervention
strategies relating to mental and behavioral health. Section 20 of this bill applies
those definitions to the provisions of existing law governing licensure by the Board.
Sections 13-19 and 21-49 of this bill provide for the licensure and regulation of
behavioral health and wellness practitioners by the Board. Section 13: (1) requires
the Board to adopt certain regulations governing behavioral health and wellness
practitioners; and (2) authorizes the Board to accept gifts, grants, donations and
other funds to assist in carrying out the provisions relating to behavioral heal th and
wellness practitioners. Section 28 authorizes the Board to adopt additional
regulations governing the practice of behavioral health promotion and prevention.
Section 14 requires the Board to establish a Behavioral Health and Wellness
Practitioner Ad visory Group to provide the Board with expertise and assistance
relating to the regulation of behavioral health and wellness practitioners. Section 83
eliminates the Advisory Group on December 31, 2028. Section 37.5 of th is bill
makes a conforming change t o remove a reference to the Advisory Group after it
ceases to exist. Section 15 prescribes the required qualifications to obtain a license
as a behavioral health and wellness practitioner, and section 30 requires an
applicant for such a license to undergo a fingerprint -based background check.
Sections 16 and 17 prescribe procedures relating to the expiration and renewal of
such a license. Section 18 authorizes certain providers of health care, including an
advanced practice registered nurse who has psychiat ric training and experience, to
supervise a behavioral health and wellness practitioner. Section 5 of this bill

– 2 –

- 83rd Session (2025)
requires the State Board of Nursing to adopt regulations establishing the psychiatric
training and experience necessary for an advanced practice registered nurse to
provide such supervision. Section 33 establishes the maximum fees for the issuance
or renewal of a license to practice behavioral health promotion and prevention.
Sections 21-23, 25 and 35-47 make the procedures for the investigation and
discipline of psychologists and the grounds for disciplinary action against
psychologists also apply to behavioral health and wellness practitioners. Section
48: (1) prohibits a person from representing himself or herself as a behavioral
health and wellness practitioner unless he or she is licensed as a behavioral health
and wellness practitioner; and (2) authorizes certain persons in a course of study to
practice behavioral health promotion and prevention to en gage in the supervised
practice of behavioral health promotion and prevention without a license. Section
49 makes the practice of behavioral health promotion and prevention without a
license or under a false or assumed name a gross misdemeanor. Section 12 of this
bill provides that provisions governing psychologists and persons who provide
behavioral health promotion and prevention services do not apply to certain
government employees. Section 59 of this bill provides that any privilege for
communications b etween a patient and the supervisor of a behavioral health and
wellness practitioner also applies to communications between the patient and
the behavioral health and wellness practitioner and other persons involved in the
provision of behavioral health promotion and prevention services under the
supervision of the behavioral health and wellness practitioner.
Sections 19, 24, 26, 31 and 32 make conforming changes to include behavioral
health and wellness practitioners within existing provisions where appro priate and
exclude behavioral health and wellness practitioners from existing provisions that
apply only to psychologists. Sections 1-4, 6, 34, 50, 52, 54, 56-58 and 60-62 of this
bill make various revisions to treat behavioral health and wellness practiti oners in
the same manner as other similar providers of health care in certain circumstances.
Section 7 of this bill clarifies that a music therapist is not authorized to practice
behavioral health promotion and prevention. Sections 8, 51, 53 and 55 of this bill
provide that a behavioral health and wellness practitioner acting within his or her
scope of practice is not violating provisions governing certain other providers of
health care.
Existing law requires the Department of Health and Human Services to develop
and administer a State Plan for Medicaid which includes a list of specific medical
services require d to be provided to Medicaid recipients. (NRS 422.063, 422.270)
Section 66 of this bill requires Medicaid to include coverage for behavioral health
promotion and prevention services provided by a behavioral health and wellness
practitioner. Section 63 of this bill makes a conforming change to require the
Director of the Department to administer the provisions of section 66 in the same
manner a s other provisions relating to Medicaid. To carry out the purposes of
section 66, section 79.5 of this bill requires the transfer of money from the Account
to Improve Health Care Quality and Access in the State General Fund to the
Nevada Medicaid budget ac count and authorizes the expenditure of certain federal
funding. Existing law: (1) creates the Account to Improve Health Care Quality and
Access to hold the revenue collected from assessments and penalties imposed in
certain circumstances against an operat or of an agency to provide personal care
services in the home or a medical facility that is required to obtain a license; and (2)
requires the Division of Health Care Financing and Policy of the Department of
Health and Human Services to administer the Account. (NRS 422.3791-422.3795)
Existing law: (1) creates the Fund for a Resilient Nevada to hold the proceeds
of certain litigation by th is State concerning the manufacture, distribution, sale or
marketing of opioids; and (2) requires the Director of the D epartment of Health and

– 3 –

- 83rd Session (2025)
Human Services to administer the Fund. (NRS 433.732 -433.740) Section 80 of this
bill requires the Director to make allocations, as reimbursement during the 2025 -
2027 biennium from the Fund, to the Nevada System of Higher Education a nd
certain institutions within the System for the costs of the establishment of: (1)
programs for the education and training of behavioral health and wellness
practitioners; (2) an accredited internship program for psychologists with an
emphasis in child p sychology; and (3) scholarships for students enrolled in
programs for the education and training of providers of health care who may
supervise behavioral health and wellness practitioners.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. “Provider of health care” means:
(a) A physician licensed pursuant to chapter 630, 630A or 633
of NRS;
(b) A physician assistant;
(c) An anesthesiologist assistant;
(d) A dentist;
(e) A dental therapist;
(f) A dental hygienist;
(g) A licensed nurse;
(h) A person who holds a license as an attendant or who is
certified as an emerge ncy medical technician, advanced emergency
medical technician or paramedic pursuant to chapter 450B of NRS
or a uthorized to practice as an emergency medical technician,
advanced emergency medical technician or paramedic in this State
under the Recognition of Emergency Medical Services Personnel
Licensure Interstate Compact ratified by NRS 450B.145;
(i) A dispensing optician;
(j) An optometrist;
(k) A speech-language pathologist;
(l) An audiologist;
(m) A practitioner of respiratory care;
(n) A licensed physical therapist;
(o) An occupational therapist;
(p) A podiatric physician;
(q) A licensed psychologist;
(r) A licensed marriage and family therapist;
(s) A licensed clinical professional counselor;
(t) A music therapist;

– 4 –

- 83rd Session (2025)
(u) A chiropractic physician;
(v) An athletic trainer;
(w) A perfusionist;
(x) A doctor of Oriental medicine in any form;
(y) A medical laboratory director or technician;
(z) A pharmacist;
(aa) A licensed dietitian;
(bb) An associate in social work, a social worker, a master social
worker, an independent social worker or a clinical social worker
licensed pursuant to chapter 641B of NRS;
(cc) An alcohol and drug counselor or a problem gambling
counselor who is certified pursuant to chapter 641C of NRS;
(dd) An alcohol and drug counselor or a clinical alcohol and
drug counselor who is licensed pursuant to chapter 641C of NRS;
(ee) A behavior analyst, assistant behavior analyst or registered
behavior technician;
(ff) A naprapath; [or]
(gg) A behavioral health and wellness practitioner; or
(hh) A medical facility as the employer of any person specified
in this subsection.
2. For the purposes of NRS 629.400 to 629.490, inclusive, the
term includes a person who holds a current license or ce rtificate to
practice his or her respective discipline pursuant to the applicable
provisions of law of another state or territory of the United States.
Sec. 2. NRS 629.550 is hereby amended to read as follows:
629.550 1. If a patient communicates to a mental health
professional an explicit threat of imminent serious physical harm or
death to a clearly identified or identifiable person and, in the
judgment of the mental health professional, the patient has the intent
and ability to carry out the threat, the mental health professional
shall place the patient on a mental health crisis hold pursuant to
NRS 433A.160, petition for a court to order the placement of the
patient on a mental health crisis hold pursuant to NRS 433A.155 or
make a reasonable effort to communicate the threat in a timely
manner to:
(a) The person who is the subject of the threat;
(b) The law enforcement agency with the closest physical
location to the residence of the person; and
(c) If the person is a minor, the parent or guardian of the person.
2. A mental health professional shall be deemed to have made
a reasonable effort to communicate a threat pursuant to subsection 1
if:

– 5 –

- 83rd Session (2025)
(a) The mental health professional actually communicates the
threat in a timely manner; or
(b) The mental health professional makes a good faith attempt to
communicate the threat in a timely manner and the failure to
actually communicate the threat in a timely manner does not result
from the negligence or recklessness of the mental health
professional.
3. A mental health professional who exercises reasonable care
in determining that he or she:
(a) Has a duty to take an action described in subsection 1 is not
subject to civil or criminal liability or disciplinary action by a
professional licensing board for disclosing confidential or privileged
information.
(b) Does not have a duty to take an action described in
subsection 1 is not subject to civil or criminal liability or
disciplinary action by a professional licensing board for any
damages caused by the actions of a patient.
4. The provisions of this section do not:
(a) Limit or affect the duty of the mental health professional to
report child abuse or neglect pursuant to NRS 432B.220 or the
commercial sexual exploitation of a child pursuant to NRS
432C.110; or
(b) Modify any duty of a mental health professional to take
precautions to prevent harm by a patient:
(1) Who is in the custody of a hospital or other facility where
the mental health professional is employed; or
(2) Who is being discharged from such a facility.
5. As used in this section, “mental health professional”
includes:
(a) A physician or psychiatrist licensed to practice medicine in
this State pursuant to chapter 630 or 633 of NRS;
(b) A psychologist who is licensed to practi ce psychology
pursuant to chapter 641 of NRS or authorized to practice
psychology in this State pursuant to the Psychology
Interjurisdictional Compact enacted in NRS 641.227;
(c) A behavioral health and wellness practitioner licensed to
practice behavioral health promotion and prevention pursuant to
chapter 641 of NRS;
(d) A social worker who:
(1) Holds a master’s degree in social work;
(2) Is licensed as a clinical social worker pursuant to chapter
641B of NRS; and

– 6 –

- 83rd Session (2025)
(3) Is employed by the Division of Public and Behavioral
Health of the Department of Health and Human Services;
[(d)] (e) A registered nurse who:
(1) Is licensed to practice professional nursing pursuant to
chapter 632 of NRS; and
(2) Holds a master’s degree in psychiatric nursing o r a
related field;
[(e)] (f) A marriage and family therapist licensed pursuant to
chapter 641A of NRS;
[(f)] (g) A clinical professional counselor licensed pursuant to
chapter 641A of NRS; and
[(g)] (h) A person who is working in this State within the scope
of his or her employment by the Federal Government, including,
without limitation, employment with the Department of Veterans
Affairs, the military or the Indian Health Service, and is:
(1) Licensed or certified as a physician, psychologist,
marriage and family therapist, clinical professional counselor,
alcohol and drug counselor or clinical alcohol and drug counselor in
another state;
(2) Licensed as a social worker in another state and holds a
master’s degree in social work; or
(3) Licensed to practice professional nursing in another state
and holds a master’s degree in psychiatric nursing or a related field.
Sec. 3. NRS 629.580 is hereby amended to read as follows:
629.580 1. A person who provides wellness services in
accordance with this section, but who is not licensed, certified or
registered in this State as a provider of health care, is not in
violation of any law based on the unlicensed practice of health care
services or a health care profession unless the person:
(a) Performs surgery or any other procedure which punctures the
skin of any person;
(b) Sets a fracture of any bone of any person;
(c) Prescribes or administers X-ray radiation to any person;
(d) Prescribes or administers a prescription drug or device or a
controlled substance to any person;
(e) Recommends to a client that he or she discontinue or in any
manner alter current medical treatment prescribed by a provider of
health care licensed, certified or registered in this State;
(f) Makes a diagnosis of a medical disease of any person;
(g) Performs a manipulation or a chiropractic adjustment of the
articulations of joints or the spine of any person;

– 7 –

- 83rd Session (2025)
(h) Treats a person’s health condition in a manner that
intentionally or recklessly causes that person recognizable and
imminent risk of serious or permanent physical or mental harm;
(i) Holds out, states, indicates, advertises or implies to any
person that he or she is a provider of health care;
(j) Engages in the practice of medicine in violation of chapter
630 or 633 of NRS, the practice of homeopathic medicine in
violation of chapter 630A of NRS, the practice of naprapathy
in violation of chapter 634B of NRS or the practice of podiatry in
violation of chapter 635 of NRS, unless otherwise expressly
authorized by this section;
(k) Performs massage therapy as that term is defined in NRS
640C.060, reflexology as that term is defined in NRS 640C.080 or
structural integration as that term is defined in NRS 640C.085;
(l) Provides mental health services that are exclus ive to the
scope of practice of a psychiatrist licensed pursuant to chapter 630
or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of
NRS; [or]
(m) Engages in the practice of applied behavior analysis in
violation of chapter 641D of NRS [.] ; or
(n) Engages in the practice of behavioral health promotion
and prevention in violation of chapter 641 of NRS.
2. Any person providing wellness services in this State who is
not licensed, certified or registered in this State as a provider of
health care and who is advertising or charging a fee for wellness
services shall, before providing those services, disclose to each
client in a plainly worded written statement:
(a) The person’s name, business address and telephone number;
(b) The fact that he or she is not licensed, certified or registered
as a provider of health care in this State;
(c) The nature of the wellness services to be provided;
(d) The degrees, training, experience, credentials and other
qualifications of the person regarding the wellness services to be
provided; and
(e) A statement in substantially the following form:

It is recommended that before beginning any wellness
plan, you notify your primary care physician or other licensed
providers of health care of your intention to use wellness
services, the nature of the wellness services to be provided
and any wellness plan that may be utilized. It is also
recommended that you ask your primary care physician or
other licensed providers of health care about any potential

– 8 –

- 83rd Session (2025)
drug interactions, side effects, risks or conflicts between any
medications or treatments prescribed by your primary care
physician or other licensed providers of health care and the
wellness services you intend to receive.

 A person who provides wellness services shall obtain from each
client a signed copy of the statement required by this subsection,
provide the client with a copy of the signed statement at the time of
service and retain a copy of the signed statement for a period of not
less than 5 years.
3. A written copy of the statement required by subsection 2
must be posted in a prominent place in the treatment location of the
person providing wellness services in at least 12 -point font.
Reasonable accommodations must be made for clients who:
(a) Are unable to read;
(b) Are blind or visually impaired;
(c) Have communication impairments; or
(d) Do not read or speak English or any other language in which
the statement is written.
4. Any advertisement for wellness services authorized pursuant
to this section must disclose that the provider of those services is not
licensed, certified or registered as a provider of health care in this
State.
5. A person who violates any provision of this section is guilty
of a mis demeanor. Before a criminal proceeding is commenced
against a person for a violation of a provision of this section, a
notification, educational or mediative approach must be utilized by
the regulatory body enforcing the provisions of this section to bring
the person into compliance with such provisions.
6. This section does not apply to or control:
(a) Any health care practice by a provider of health care
pursuant to the professional practice laws of this State, or prevent
such a health care practice from being performed.
(b) Any health care practice if the practice is exempt from the
professional practice laws of this State, or prevent such a health care
practice from being performed.
(c) A person who provides health care services if the person is
exempt from the professional practice laws of this State, or prevent
the person from performing such a health care service.
(d) A medical assistant, as that term is defined in NRS 630.0129
and 633.075, an advanced practitioner of homeopathy, as that term
is defined in NRS 630A.015, or a homeopathic assistant, as that
term is defined in NRS 630A.035.

– 9 –

- 83rd Session (2025)
7. As used in this section, “wellness services” means healing
arts therapies and practices, and the provision of products, that are
based on the following compl ementary health treatment approaches
and which are not otherwise prohibited by subsection 1:
(a) Anthroposophy.
(b) Aromatherapy.
(c) Traditional cultural healing practices.
(d) Detoxification practices and therapies.
(e) Energetic healing.
(f) Folk practices.
(g) Gerson therapy and colostrum therapy.
(h) Healing practices using food, dietary supplements, nutrients
and the physical forces of heat, cold, water and light.
(i) Herbology and herbalism.
(j) Reiki.
(k) Mind-body healing practices.
(l) Nondiagnostic iridology.
(m) Noninvasive instrumentalities.
(n) Holistic kinesiology.
Sec. 4. NRS 629.600 is hereby amended to read as follows:
629.600 1. A psychotherapist shall not provide any
conversion therapy to a person who is under 18 years of age
regardless of the willingness of the person or his or her parent or
legal guardian to authorize such therapy.
2. Any violation of subsection 1 is a ground for disciplinary
action by a state board that licenses a psychotherapist as defined in
subsection 3.
3. As used in this section:
(a) “Conversion therapy” means any practice or treatment that
seeks to change the sexual orientation or gender identity of a person,
including, without limitation, a practice or treatment that seeks to
change behaviors or gender expressions or to eliminate or reduce
sexual or romantic attractions or feelings toward persons of the
same gender. The term does not include counseling that:
(1) Provides assistance to a person undergoing gender
transition; or
(2) Provides acceptance, support and understanding of a
person or facilitates a person’s ability to cope, social support and
identity exploration and development, including, without limitation,
an intervention to prevent or address unlawful conduct or unsafe
sexual practices that is neutral as to the sexual -orientation of the
person receiving the intervention and does not seek to change

– 10 –

- 83rd Session (2025)
the sexual orientation or gender identity of the person receiving the
intervention.
(b) “Psychotherapist” means:
(1) A psychiatrist licensed to practice medicine in this State
pursuant to chapter 630 of NRS;
(2) A homeopathic physician, advanced practitioner of
homeopathy or homeopathic assistant licensed or certified pursuant
to chapter 630A of NRS;
(3) A psychiatrist l icensed to practice medicine in this State
pursuant to chapter 633 of NRS;
(4) A psychologist or behavioral health and wellness
practitioner licensed to practice in this State pursuant to chapter 641
of NRS;
(5) A social worker licensed in this State as an independent
social worker or a clinical social worker pursuant to chapter 641B of
NRS;
(6) A registered nurse holding a master’s degree in the field
of psychiatric nursing and licensed to practice professional nursing
in this State pursuant to chapter 632 of NRS;
(7) A marriage and family therapist or clinical professional
counselor licensed in this State pursuant to chapter 641A of NRS; or
(8) A person who provides counseling services as part of his
or her training for any of the professions listed in subparagraphs (1)
to (7), inclusive.
Sec. 5. NRS 632.120 is hereby amended to read as follows:
632.120 1. The Board shall:
(a) Adopt regulations establishing reasonable standards:
(1) For the denial, renewal, suspension and revocation of,
and the placement of conditions, limitations and restrictions upon, a
license to practice professional or practical nursing or a certificate to
practice as a nursing assistant or medication aide - certified.
(2) Of professional conduct for the practice of nursing.
(3) For prescribing and dispensing controlled substances and
dangerous drugs in accordance with applicable statutes.
(4) For the psychiatric training and experience necessary for
an advanced practice registered nurse to be authorized to [make] :
(I) Make the diagnoses, evaluations and examinations
described in NRS 432B.6078, 432B.60816, 433A.162, 433A.240,
433A.335, 433A.390, 433A.430, 484C.300 and 484C.320 to
484C.350, inclusive, the certifications described in NRS 432B.6075,
432B.60814, 433A.170, 433A.195 and 433A.200 and the sworn
statements or declarations described in NRS 433A.210 and
433A.335 [.] ; and

– 11 –

- 83rd Session (2025)
(II) Supervise a behavioral health and wellness
practitioner pursuant to section 18 of this act.
(b) Prepare and administer examinations for the issuance of a
license or certificate under this chapter.
(c) Investigate and determine the eligibility of an applicant for a
license or certificate under this chapter.
(d) Carry out and enforce the provisions of this chapter and the
regulations adopted pursuant thereto.
(e) Develop and disseminate annually to each registered nurse
who cares for children information concerning the signs and
symptoms of pediatric cancer.
2. The Board may adopt regulations establishing reasonable:
(a) Qualifications for the issuance of a license or certificate
under this chapter.
(b) Standards for the continuing professional competence of
licensees or holders of a certificate. The Board may evaluate
licensees or holders of a certificate periodically for compliance with
those standards.
3. The Board may adopt regulations establishing a schedule of
reasonable fees and charges, in addition to those set forth in NRS
632.345, for:
(a) Investigating licensees or holders of a certificate and
applicants for a license or certificate under this chapter;
(b) Evaluating the professional competence of licensees or
holders of a certificate;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the Board; and
(e) Surveying, evaluating and approving schools of practical
nursing, and schools and courses of professional nursing,
 and collect the fees established pursuant to this subsection.
4. For the purposes of this chapter, the Board shall, by
regulation, define the term “in the process of obtaining
accreditation.”
5. The Board may adopt such other regulations, not
inconsistent with state or federal law, as may be necessary to carry
out the provisions of this chapter relating to nursing assistant
trainees, nursing assistants and medication aides - certified.
6. The Board may adopt such other regulations, not
inconsistent with state or federal law, as are necessary to enable it to
administer the provisions of this chapter.
Sec. 6. NRS 632.472 is hereby amended to read as follows:
632.472 1. The following persons shall report in writing to
the Executive Director of the Board any conduct of a licensee or

– 12 –

- 83rd Session (2025)
holder of a certificate which constitutes a violation of the provisions
of this chapter:
(a) Any physician, dentist , dental hygienist, expanded function
dental assistant, naprapath, chiropractic physician, optometrist,
podiatric physician, medical examiner, resident, intern, professional
or practical nurse, nursing assistant, medication aide - certified,
perfusionist, physician assistant licensed pursuant to chapter 630 or
633 of NRS, anesthesiologist assistant, psychiatrist, psychologist,
behavioral health and wellness practitioner, marriage and family
therapist, clinical professional counselor, alcohol or drug counsel or,
peer recovery support specialist, peer recovery support specialist
supervisor, music therapist, holder of a license or limited license
issued pursuant to chapter 653 of NRS, driver of an ambulance,
paramedic or other person providing medical services l icensed or
certified to practice in this State.
(b) Any personnel of a medical facility or facility for the
dependent engaged in the admission, examination, care or treatment
of persons or an administrator, manager or other person in charge of
a medical facility or facility for the dependent upon notification by a
member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to
provide personal care services in the home.
(e) Any person who operates, who is employed by or who
contracts to provide services for an intermediary service
organization as defined in NRS 449.4304.
(f) Any person who maintains or is employed by an agency to
provide nursing in the home.
(g) Any employee of the Department of Health an d Human
Services.
(h) Any employee of a law enforcement agency or a county’s
office for protective services or an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a facility or
establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding
the abuse, neglect or exploitation of an older person and refers them
to persons and agencies where their requests and needs can be met.
(k) Any social worker.
(l) Any person who operates or is employed by a community
health worker pool or with whom a community health worker pool

– 13 –

- 83rd Session (2025)
contracts to provide the services of a community health worker, as
defined in NRS 449.0027.
2. Every physician who, as a member of the staff of a medical
facility or facility for the dependent, has reason to believe that a
nursing assistant or medication aide - certified has engaged in
conduct which constitutes grounds for the denial, suspensi on or
revocation of a certificate shall notify the superintendent, manager
or other person in charge of the facility. The superintendent,
manager or other person in charge shall make a report as required in
subsection 1.
3. A report may be filed by any other person.
4. Any person who in good faith reports any violation of the
provisions of this chapter to the Executive Director of the Board
pursuant to this section is immune from civil liability for reporting
the violation.
5. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in NRS 449.0021.
(b) “Community health worker pool” has the meaning ascribed
to it in NRS 449.0028.
(c) “Peer recovery support specialist” has the meaning ascribed
to it in NRS 433.627.
(d) “Peer recovery support specialist supervisor” has the
meaning ascribed to it in NRS 433.629.
Sec. 7. NRS 640D.060 is hereby amended to read as follows:
640D.060 “Music therapy” means the clinical use of music
interventions by a licensee to accomplish individualized goals
within a therapeutic relationship by a credentialed professional who
has completed a music therapy program approved by the Board. The
term does not include:
1. The practice of psychology , behavior al health promotion
and prevention or medicine;
2. The psychological assessment or treatment of couples or
families;
3. The prescribing of drugs or electroconvulsive therapy;
4. The medical treatment of physical disease, injury or
deformity;
5. The diagnosis or psychological treatment of a psychotic
disorder;
6. The use of projective techniques in the assessment of
personality;
7. The use of psychological, neuropsychological, psychometric
assessment or clinical tests designed to identify or classify abnormal

– 14 –

- 83rd Session (2025)
or pathological human behavior or to determine intelligence,
personality, aptitude, interests or addictions;
8. The use of individually administered intelligence tests,
academic achievement tests or neuropsychological tests;
9. The use of psychotherapy to treat the concomitants of
organic illness;
10. The diagnosis of any physical or mental disorder; or
11. The evaluation of the effects of medical and psychotropic
drugs.
Sec. 8. NRS 640E.090 is hereby amended to read as follows:
640E.090 1. The provisions of this chapter do not apply to:
(a) Any person who is licensed or registered in this State as a
physician pursuant to chapter 630, 630A or 633 of NRS, dentist,
nurse, dispensing optician, optometrist, occupational therapist,
practitioner of respiratory care, physical therapist, podiatric
physician, psychologist, behavioral health and wellness
practitioner, marriage and family therapist, chiropractic physician,
naprapath, athletic trainer, massage therapist, reflexologist,
structural integration practitioner, perfusionist, doctor of Oriental
medicine in any form, medical laboratory director or technician or
pharmacist who:
(1) Practices within the scope of that license or registration;
(2) Does not represent that he or she is a licensed dietitian or
registered dietitian; and
(3) Provides nutrition information incidental to the practice
for which he or she is licensed or registered.
(b) A student enrolled in an educational program accredited by
the Accreditation Council for Ed ucation in Nutrition and Dietetics,
or its successor organization, if the student engages in the practice
of dietetics under the supervision of a licensed dietitian or registered
dietitian as part of that educational program.
(c) A registered dietitian em ployed by the Armed Forces of the
United States, the United States Department of Veterans Affairs or
any division or department of the Federal Government in the
discharge of his or her official duties, including, without limitation,
the practice of dietetics or providing nutrition services.
(d) A person who furnishes nutrition information, provides
recommendations or advice concerning nutrition, or markets food,
food materials or dietary supplements and provides nutrition
information, recommendations or advice related to that marketing, if
the person does not represent that he or she is a licensed dietitian or
registered dietitian. While performing acts described in this

– 15 –

- 83rd Session (2025)
paragraph, a person shall be deemed not to be engaged in the
practice of dietetics or the providing of nutrition services.
(e) A person who provides services relating to weight loss or
weight control through a program reviewed by and in consultation
with a licensed dietitian or physician or a dietitian licensed or
registered in anot her state which has equivalent licensure
requirements as this State, as long as the person does not change the
services or program without the approval of the person with whom
he or she is consulting.
2. As used in this section, “nutrition information” means
information relating to the principles of nutrition and the effect of
nutrition on the human body, including, without limitation:
(a) Food preparation;
(b) Food included in a normal daily diet;
(c) Essential nutrients required by the human body an d
recommended amounts of essential nutrients, based on nationally
established standards;
(d) The effect of nutrients on the human body and the effect of
deficiencies in or excess amounts of nutrients in the human body;
and
(e) Specific foods or supplemen ts that are sources of essential
nutrients.
Sec. 9. Chapter 641 of NRS is hereby amended by adding
thereto the provisions set forth as sections 10 to 18, inclusive, of this
act.
Sec. 10. “Behavioral health and wellness practitioner”
means a person who is licensed pursuant to this chapter to
practice behavioral health promotion and prevention.
Sec. 11. “Behavioral health promotion and prevention”
means the supervised clinical use of prevention and intervention
strategies to identify persons at risk of mental or behavioral health
issues and accomplish individualized goals relating to the mental
and behavioral health of the person as part of a therapeutic
relationship. The term does not include:
1. The practice of psychology or medicine;
2. The psycho logical assessment or treatment of children,
couples or families;
3. Prescribing drugs or electroconvulsive therapy;
4. Medical treatment of physical disease, injury or deformity;
5. Diagnosis or psychological treatment of a psychotic
disorder;
6. The administration and interpretation of projective
techniques in the assessment of personality;

– 16 –

- 83rd Session (2025)
7. The administration and interpretation of a psychological,
neuropsychological or psychometric assessment or clinical tests
designed to diagnose abnormal or pathological human behavior or
to determine intelligence, personality, aptitude, interests or
addictions;
8. The administration and interpretation of individually
administered intelligence tests, academic achievement tests or
neuropsychological tests;
9. The administration and interpretation of psychotherapy to
treat the concomitants of organic illness;
10. The diagnosis of any physical or mental disorder;
11. The evaluation of the effects of medical and psychotropic
drugs;
12. The practice of clinical professional counseling, as
defined in NRS 641A.065; or
13. The practice of marriage and family therapy, as defined
in NRS 641A.080.
Sec. 12. A person who is employed by:
1. The Federal Government and who practices psychology
within the sco pe of that employment is not subject to the
provisions of this chapter.
2. The State or Federal Government and who provides
behavioral health promotion and prevention services within the
scope of that employment is not subject to the provisions of this
chapter.
Sec. 13. 1. The Board shall adopt such regulations as it
deems necessary to carry out the provisions of sections 13 to 18,
inclusive, of this act. The regulations may include, without
limitation:
(a) Standards of training for a behavioral hea lth and wellness
practitioner;
(b) Standards for a person performing services or participating
in activities as part of a supervised course of study in an accredited
or approved educational program in behavioral health promotion
and prevention;
(c) Requirements for an educational program in behavioral
health promotion and prevention to be approved by the Board;
(d) An alternative to the examination required by section 15 of
this act which provides an applicant a process to demonstrate that
the applicant is competent to practice as a behavioral health and
wellness practitioner;

– 17 –

- 83rd Session (2025)
(e) Requirements for continuing education for a behavioral
health and wellness practitioner, in addition to those prescribed by
section 16 of this act; and
(f) Standards of practice for a behavioral health and wellness
practitioner, including, without limitation, the requirements for
supervision of a behavioral health and wellness practitioner by a
provider of health care listed in section 18 of this act.
2. The Board m ay accept gifts, grants, donations and
contributions from any source to assist in carrying out the
provisions of sections 13 to 18, inclusive, of this act.
Sec. 14. 1. The Board shall establish a Behavioral Health
and Wellness Practitioner Advisory Grou p consisting of persons
familiar with the practice of behavioral health promotion and
prevention to provide the Board with expertise and assistance
relating to the regulation of behavioral health and wellness
practitioners. The Board shall:
(a) Determine the number of members of the Advisory Group;
(b) Appoint the members of the Advisory Group;
(c) Establish the terms of the members of the Advisory Group;
and
(d) Determine the duties of the Advisory Group.
2. The members of the Advisory Group serve w ithout
compensation.
Sec. 15. 1. The Board shall issue a license to practice
behavioral health promotion and prevention to an applicant who:
(a) Is of good moral character, as determined by the Board;
(b) Is at least 18 years of age; and
(c) Submits to the Board:
(1) A completed application on a form provided by the
Board and the fee prescribed by the Board;
(2) Proof that the applicant:
(I) Holds a bachelor’s degree or higher in psychology,
social work, human services or a related field; and
(II) Has successfully completed an educational program
in behavioral health promotion and prevention approved by the
Board;
(3) The name and occupation of the provider of health care
who will supervise the applicant pursuant to section 18 of this act
and, if the provider of health care is not a psychologist,
documentation from the professional licensing board that licenses
the provider of health care stating that he or she has an active
license in good standing; and
(4) Proof that the applicant has:

– 18 –

- 83rd Session (2025)
(I) Passed a ny examination approved by the Board on
the practice of behavioral health promotion and prevention; or
(II) Demonstrated his or her competency through the
alternative to examination authorized by the regulations adopted
by the Board pursuant to section 13 of this act.
2. Within 120 days after receiving an application and the
accompanying evidence from an applicant, the Board shall:
(a) Evaluate the application and accompanying evidence and
determine whether the applicant is qualified pu rsuant to this
section for licensure; and
(b) Issue a written statement to the applicant of its
determination.
3. If the Board determines that the qualifications of the
applicant are insufficient for licensure, the written statement
issued to the applicant pursuant to subsection 2 must include a
detailed explanation of the reasons for that determination.
Sec. 16. Each license to practice behavioral health
promotion and prevention must be renewed 3 years after the date
on which it was issued and e very 3 years thereafter. The holder of
such a license may renew the license before that date by
submitting to the Board:
1. A completed application for renewal on a form prescribed
by the Board;
2. Proof that the applicant has completed not less than 20
hours of continuing education within the immediately preceding 3
years. Such continuing education must include, without
limitation:
(a) At least 2 hours of continuing education in ethics;
(b) At least 2 hours of continuing education in prevention
science; and
(c) Any additional continuing education required by the Board
pursuant to section 13 of this act; and
3. The renewal fee prescribed by the Board.
Sec. 17. 1. A license to practice behavioral health
promotion and prevention that is not renewe d on or before the
date prescribed by section 16 of this act is delinquent. The Board
shall, within 30 days after the license becomes delinquent, send a
notice to the licensee by certified mail, return receipt requested, to
the address of the licensee as i ndicated in the records of the
Board.
2. A licensee may renew a delinquent license within 60 days
after the license becomes delinquent by submitting to the Board
the documents required by section 16 of this act.

– 19 –

- 83rd Session (2025)
3. A license to practice behavioral heal th promotion and
prevention expires 60 days after it becomes delinquent if it is not
renewed within that period.
Sec. 18. A behavioral health and wellness practitioner may
be supervised by:
1. A psychiatrist licensed pursuant to chapter 630 or 633 of
NRS;
2. An advanced practice registered nurse who has the
psychiatric training and experience prescribed by the State Board
of Nursing pursuant to NRS 632.120;
3. A psychologist;
4. A clinical professional counselor;
5. A marriage and family therapist; or
6. A clinical social worker.
Sec. 19. NRS 641.010 is hereby amended to read as follows:
641.010 The [practice] practices of psychology [is] and
behavioral health promotion and prevention are hereby declared to
be [a] learned [profession,] professions, affecting public safety,
health and welfare and subject to regulation to protect the public
from the practice of psychology and behavioral health promotion
and prevention by unqualified persons and from unprofessional
conduct by persons licens ed to practice psychology [.] and
behavioral health promotion and prevention.
Sec. 20. NRS 641.020 is hereby amended to read as follows:
641.020 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 641.021 to 641.027,
inclusive, and sections 10 and 11 of this act have the meanings
ascribed to them in those sections.
Sec. 21. NRS 641.022 is hereby amended to read as follows:
641.022 “Community” means the entire area customarily
served by psychologists or behavioral health and wellness
practitioners among whom a patient may reasonably choose, not
merely the particular area inhabited by the patients of an individual
psychologist or behavioral health and wellness practitioner or the
particular city or place where the psychologist or behavioral health
and wellness practitioner has his or her office.
Sec. 22. NRS 641.023 is hereby amended to read as follows:
641.023 “Gross malpractice” means malpractice where the
failure to exercise the requisite degree of care, diligence or skill
consists of:
1. Practicing psychology , [or] psychotherapy or behavioral
health promotion and prevention with a patient while the
psychologist or behavioral health and wellness practitioner is

– 20 –

- 83rd Session (2025)
under the influence of an alcoholic beverage as defined in NRS
202.015 or any controlled substance;
2. Gross negligence;
3. Willful disregard of established methods and procedures in
the practice of psychology [;] or behavioral health promotion and
prevention, as applicable; or
4. Willful and consistent use of methods and procedures
considered by psychologists or behavioral health and wellness
practitioners, as applicable, in the community to be inappropriate
or unnecessary in the cases where used.
Sec. 23. NRS 641.024 is hereby amended to read as follows:
641.024 “Malpractice” means failure on the part of a
psychologist or a behavioral health and wellness practitioner to
exercise the degree of care, diligence and skill ordinarily exercised
by psychologists or behavioral health and wellness practitioners,
as applicable, in good standing in the community.
Sec. 24. NRS 641.0245 is hereby amended to read as follows:
641.0245 “Patient” means a person who [consults] :
1. Consults or is examined or interviewe d by a psychologist
for purposes of diagnosis or treatment [.] ; or
2. Receives behavioral health promotion and prevention
services from a behavioral health and wellness practitioner.
Sec. 25. NRS 641.026 is hereby amended to read as follows:
641.026 “Professional incompetence” means lack of ability to
practice psychology or behavioral health promotion and
prevention safely and skillfully arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental ability; or
3. Dependence upon an alcoholic beverage as defined in NRS
202.015 or any controlled substance.
Sec. 26. NRS 641.029 is hereby amended to read as follows:
641.029 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a marriage and family therapist
or marriage and family therapist intern pursuant to chapter 641A of
NRS;
4. A person who is licensed as a clinical professional counselor
or clinical professional counselor intern pursuant to chapter 641A of
NRS;
5. A person who is licensed to engage in social work pursuant
to chapter 641B of NRS;

– 21 –

- 83rd Session (2025)
6. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to chapter 640A of NRS;
7. A person who is licensed as a clinical alcohol and drug
counselor, licensed or certified as an alcohol and drug counselor or
certified as an alcohol and drug counselor intern, a clinical alcohol
and drug counselor intern, a problem gambling counselor or a
problem gambling counselor intern, pursuant to chapter 641C of
NRS;
8. A person who provides or supervises the provision of peer
recovery support services in accordance with the provisions of N RS
433.622 to 433.641, inclusive;
9. A person who is licensed as a behavior analyst or an
assistant behavior analyst or registered as a registered behavior
technician pursuant to chapter 641D of NRS, while engaged in the
practice of applied behavior anal ysis as defined in NRS 641D.080;
or
10. Any member of the clergy,
 if such a person does not commit an act described in NRS
641.440 or represent himself or herself as a psychologist [.] or a
behavioral health and wellness practitioner.
Sec. 27. NRS 641.040 is hereby amended to read as follows:
641.040 1. The Governor shall appoint to the Board:
(a) Four members who are licensed psychologists in the State of
Nevada with at least 5 years of experience in the practice of
psychology after being licensed.
(b) One member who is a licensed psychologist in the State of
Nevada with at least 5 years of experience in the practice of
psychology after being licensed and who is a core faculty member at
a doctorate-level program or internship location that is accredited by
the American Psychological Association for at least 3 years before
the time of appointment. If such a licensed psychologist is not
available to serve, the Governor shall appoint one member who
meets the requirements set forth in paragraph (a).
(c) One member who has resided in this State for at least 5 years
and who represents the interests of persons or agencies that
regularly provide health care to patients who are indigent, uninsured
or unable to afford health care.
(d) One member who is a representative of the general public.
2. A person is not eligible for appointment unless he or she is:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. The member who is a representative of the general public
must n ot be a psychologist [,] or behavioral health and wellness

– 22 –

- 83rd Session (2025)
practitioner, an applicant or a former applicant for licensure as a
psychologist [,] or behavioral health and wellness practitioner, a
member of a health profession, the spouse or the parent or chi ld, by
blood, marriage or adoption, of a psychologist [,] or behavioral
health and wellness practitioner, or a member of a household that
includes a psychologist [.] or a behavioral health and wellness
practitioner.
4. Board members must not have any conflicts of interest or the
appearance of such conflicts in the performance of their duties as
members of the Board.
Sec. 28. NRS 641.100 is hereby amended to read as follows:
641.100 1. The Board shall adopt regulations:
(a) Prescribing uniform sta ndards concerning the locations at
which persons obtaining supervised experience that is required for
licensure by the Board provide services;
(b) Authorizing the remote supervision, including, without
limitation, electronic supervision, of persons obtain ing supervised
experience that is required for licensure by the Board who are
working at remote sites and prescribing standards concerning such
remote supervision; and
(c) Prescribing a manner by which the qualifications for the
issuance or renewal of a l icense under the provisions of this chapter
will be made available to the public such that those qualifications
are clearly defined and easily understood.
2. The Board may make and promulgate any other rules and
regulations not inconsistent with the provisions of this chapter
governing its procedure, the examination and licensure of
applicants, the granting, refusal, revocation or suspension of
licenses, the re gistration of persons as psychological assistants,
psychological interns or psychological trainees and the [practice]
practices of psychology [.] and behavioral health promotion and
prevention.
3. On the date that the Board gives notice pursuant to NRS
233B.060 of its intent to adopt, amend or repeal a regulation, the
Board shall submit the regulation to the Commission on Behavioral
Health for review. The Commission shall review the regulation and
make recommendations to the Board concerning the advisabil ity of
adopting, amending or repealing the regulation and any changes that
the Commission deems advisable.
Sec. 29. NRS 641.111 is hereby amended to read as follows:
641.111 [All] Except as otherwise provided in section 13 of
this act, all money coming into possession of the Board must be
kept or deposited by the Secretary-Treasurer in banks, credit unions,

– 23 –

- 83rd Session (2025)
savings and loan associations or savings banks in the State of
Nevada to be expended for payment of compensation and expenses
of board members and f or other necessary or proper purposes in the
administration of this chapter.
Sec. 30. NRS 641.160 is hereby amended to read as follows:
641.160 1. Each person desiring a license must:
(a) Make application to the Board upon a form, and in a manner,
prescribed by the Board pursuant to NRS 641.117. The application
must be accompanied by the application fee prescribed by the Board
and include all information required to complete the application.
(b) As part of the application and at his or her own expense:
(1) Arrange to have a complete set of fingerprints taken by a
law enforcement agency or other authorized entity acceptable to the
Board; and
(2) Submit to the Board:
(I) A complete set of fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for a report on the applicant’s
background, and to such other law enforcement agencies as the
Board deems nec essary for a report on the applicant’s background;
or
(II) Written verification, on a form prescribed by the
Board, stating that the set of fingerprints of the applicant was taken
and directly forwarded electronically or by other means to the
Central Repository for Nevada Records of Criminal History and that
the applicant provided written permission authorizing the law
enforcement agency or other authorized entity taking the
fingerprints to submit the fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for a report on the applicant’s background,
and to such other law enforcement agencies as the Board deems
necessary for a report on the applicant’s background.
2. The Board may:
(a) Unless the applicant’s fingerprints are directly forwarded
pursuant to sub -subparagraph (II) of subparagraph (2) of paragraph
(b) of subsection 1, submit those fingerprints to the Central
Repository for Nevada Records of Criminal History for submis sion
to the Federal Bureau of Investigation and to such other law
enforcement agencies as the Board deems necessary; and
(b) Request from each agency to which the Board submits the
fingerprints any information regarding the applicant’s background
as the Board deems necessary.

– 24 –

- 83rd Session (2025)
3. An application is not considered complete and received for
purposes of evaluation pursuant to subsection 2 of NRS 641.170 or
subsection 2 of section 15 of this act, as applicable, until the Board
receives a complete set of fingerprints or verification that the
fingerprints have been forwarded electronically or by other means to
the Central Repository for Nevada Records of Criminal History, and
written authorization from the applicant pursuant to this section.
Sec. 31. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a license as a psychologist issued
pursuant to this chapter, each person must, on or before the first day
of January of each odd-numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license [;] as a
psychologist;
(c) Submit evidence to the Board of completion of the
requirements for continuing education as set forth in regulations
adopted by the Board; and
(d) Submit all information required to complete the renewal.
2. Upon renewing his or her license, a psychologist shall
declare his or her areas of competence, as determined in accordance
with NRS 641.112.
3. The Board shall, as a prerequisite for the renewal of a
license [,] as a psychologist, require each holder to comply with the
requirements for continuing education adopted by the Board.
4. The requirements for continuing education adopted by the
Board pursuant to subsection 3 must include, without limitation:
(a) A requirement that the holder of a license as a psychologist
receive at least 2 hours of instruction on evidence -based suicide
prevention and awareness or another course of instruction on suicide
prevention and awareness that is approved by the Board which the
Board has determined to be effective and appropriate. The hours of
instruction required by this paragraph must be completed within 2
years after initial licensure and at least every 4 years thereafter.
(b) A requirement that the holder of a license as a psychologist
must biennially receive at least 6 hours of instruction relating to
cultural competency and diversity, equity and inclusion. Such
instruction:
(1) May include the training provided pursuant to NRS
449.103, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:

– 25 –

- 83rd Session (2025)
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disabili ty,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that
the holder of a license as a psychologist may need to better
understand, as determined by the Board.
Sec. 32. NRS 641.222 is hereby amended to read as follows:
641.222 1. The license of any [person] psychologist who fails
to pay the biennial fee for the renewal of a license to practice
psychology within 60 days after the date when it is due is
automatically suspended. The Board may, within 2 years after the
date the license is so suspended, reinstate the license upon payment
to the Board of the amount of the then current biennial fee for the
renewal of a license to practice psychology and the amount of the
fee for the restoration of a license so suspended. If the license is not
reinstated within 2 years, the Board may reinstate the license only if
it also determines that the holder of the license i s competent to
practice psychology.
2. A notice must be sent to any [person] psychologist who fails
to pay the biennial fee, informing the [person] psychologist that the
license is suspended.
Sec. 33. NRS 641.228 is hereby amended to read as follows:
641.228 1. The Board shall charge and collect not more than
the following fees respectively:

For the national examination, in addition to the
actual cost to the Board of the examination ................ $100
For any other examination required pursuant to
the provisions of subsection 1 of NRS
641.180, in addition to the actual costs to the
Board of the examination .............................................. 100
For the issuance of an initial license to practice
psychology....................................................................... 25
For the issuance of an initial license by
endorsement to practice psychology ............................. 125

– 26 –

- 83rd Session (2025)
For the bi ennial renewal of a license of a
psychologist ................................................................. $850
For the restoration of a license of a psychologist
suspended for the nonpayment of the biennial
fee for the renewal of a license ...................................... 200
For the restoration of a license of a psychologist
suspended for the nonsubmission of evidence
to the Board of completion of the
requirements for continuing education as
required for the renewal of the license .......................... 200
For the registration of a firm, partnership or
corporation which engages in or offers to
engage in the practice of psychology ............................ 300
For the registration of a nonresident to practice
as a consultant ............................................................... 100
For the initial registration of a psychological
assistant, psychological intern or
psychological trainee ..................................................... 250
For the renewal of a registration of a
psychological assis tant, psychological intern
or psychological trainee ................................................ 150
For the issuance of an initial license to practice
behavioral health promotion and prevention .............. 200
For the triennial renewal of a license to
practice behavioral health promotion and
prevention ..................................................................... 200
2. An applicant who passes the national examination and any
other examination required pursuant to the provisions of subsection
1 of NRS 641.180 and who is eligible for a license as a psychologist
shall pay the biennial fee for the renewal of a license, which must be
prorated for the period from the date the license is issued to the end
of the biennium.
3. In addition to the fees set forth in subsection 1, the Board
may charge and collect a fee for the expedited processing of a
request or for any other inci dental service it provides. The fee must
not exceed the cost to provide the service.
4. Except as otherwise provided in subsection 5, if an applicant
submits an application for a license by endorsement pursuant to
NRS 641.196, the Board shall charge and collect:
(a) Not more than the fee specified in subsection 1 for the
issuance of an initial license by endorsement; and

– 27 –

- 83rd Session (2025)
(b) The biennial fee for the renewal of a license, which must be
prorated for the period from the date the license is issued to the en d
of the biennium.
5. If an active member of, or the spouse of an active member
of, the Armed Forces of the United States, a veteran or the surviving
spouse of a veteran submits an application for a license by
endorsement pursuant to NRS 641.196, the Boa rd shall collect not
more than one-half of the fee set forth in subsection 1 for the initial
issuance of the license by endorsement.
6. If an applicant submits an application for initial registration
as a psychological assistant, psychological intern or psychological
trainee pursuant to NRS 641.226 and the applicant has previously
been registered as a psychological assistant, psychological intern or
psychological trainee, the Board must waive the fee set forth in
subsection 1 for the initial registration.
7. As used in this section, “veteran” has the meaning ascribed
to it in NRS 417.005.
Sec. 34. NRS 641.2291 is hereby amended to read as follows:
641.2291 1. A program of education for mental health
professionals approved by the Board, a mental health professional or
a person receiving training for mental health professionals is not
required to retain a recording of the provision of mental health
services by a psychologist or a behavioral health and wellness
practitioner to a patient that meets the requirements of subsection 2
if:
(a) The recording is used for a training activity that is part of a
program of education for mental health professionals approved by
the Board;
(b) The patient has provided informed consent in writing on a
form that meets the requirements prescribed by the Board pursuant
to subsection 3 to the use of the recording in the training activity;
(c) Destroying the recording does not result in noncompliance
with the obligations described in subsection 4; and
(d) The recording i s destroyed after the expiration of the period
of time prescribed by the Board pursuant to paragraph (b) of
subsection 3.
2. A recording of the provision of mental health services by a
psychologist or a behavioral health and wellness practitioner to a
patient used for the purpose described in paragraph (a) of
subsection 1:
(a) Must meet all requirements of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104 -191,

– 28 –

- 83rd Session (2025)
and any regulations adopted pursuant thereto, that are designed to
prevent the reproduction, copying or theft of the recording; and
(b) Must not contain any personally identifiable information
relating to the patient unless the patient has provided informed
consent in writing specifically authorizing the inclusion of that
information in the recording.
3. The Board shall adopt regulations:
(a) Prescribing requirements governing the provision of
informed written consent pursuant to paragraph (b) of subsection 1,
including, without limitation, requirements governing:
(1) The form on which such informed written consent must
be provided; and
(2) The length of time that a psychologist or a behavioral
health and wellness practitioner who obtains such informed written
consent must maintain the informed written consent;
(b) Prescribing the length of time that a program of education
for mental health professionals, a mental health professional or a
person receiving training for mental health professionals that uses
a recording of the provision of mental health services by a
psychologist or a behavioral health and wellness practitioner to a
patient for the purposes described in paragraph (a) of subsection 1
may retain the recording before destroying it; and
(c) Defining “training activity” for the purposes of this section.
4. The provisions of this section do not abrogate, alter or
otherwise affect the obligation of a psychologist or a behavioral
health and wellness practitioner to comply with the applicable
requirements of chapter 629 of NRS, including, without limitatio n,
the requirement to retain records concerning the mental health
services that he or she provides to patients in accordance with NRS
629.051 to 629.069, inclusive.
5. Except where necessary for compliance with subsection 4,
a recording of the provision of mental health services by a
psychologist or a behavioral health and wellness practitioner to a
patient that is used for a training activity by a program of education
for mental health professionals, a mental health professional or a
person receiving tr aining for mental health professionals in
accordance with the provisions of this section is not a health care
record for the purposes of chapter 629 of NRS.
6. As used in this section, “mental health professional” means
a psychologist, a behavioral heal th and wellness practitioner, a
marriage and family therapist, a clinical professional counselor, a
social worker, a master social worker, an independent social worker,

– 29 –

- 83rd Session (2025)
a clinical social worker, a clinical alcohol and drug counselor, an
alcohol and drug counselor or problem gambling counselor.
Sec. 35. NRS 641.230 is hereby amended to read as follows:
641.230 1. The Board may suspend or revoke a person’s
license as a psychologist or behavioral health and wellness
practitioner or registration as a psy chological assistant,
psychological intern or psychological trainee, place the person on
probation, require remediation for the person or take any other
action specified by regulation if the Board finds by a preponderance
of the evidence that the person has:
(a) Been convicted of a felony relating to the practice of
psychology or behavioral health promotion and prevention or to
practicing as a psychological assistant, psychological intern or
psychological trainee.
(b) Been convicted of any crime or offens e that reflects the
inability of the person to practice psychology or behavioral health
promotion and prevention or to practice as a psychological
assistant, psychological intern or psychological trainee with due
regard for the health and safety of others.
(c) Been convicted of violating any of the provisions of NRS
616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
inclusive.
(d) Engaged in gross malpractice or repeated malpractice or
gross negligence in the practice of psychology or behavioral health
promotion and prevention or the practice as a psychological
assistant, psychological intern or psychological trainee.
(e) Aided or abetted the practice of psychology or behavioral
health promotion and prevention or the practice as a psychological
assistant, psychological intern or psychological trainee by a person
not licensed or registered by the Board.
(f) Made any fraudulent or untrue statement to the Board.
(g) Violated a regulation adopted by the Board.
(h) Had a license to practice psychology or behavioral health
promotion and prevention or registration to practice as a
psychological assistant, psychological intern or psychological
trainee suspended or revoked or has had any other disciplinary
action taken against the person by another state or te rritory of the
United States, the District of Columbia or a foreign country, if at
least one of the grounds for discipline is the same or substantially
equivalent to any ground contained in this chapter.
(i) Failed to report to the Board within 30 days the revocation,
suspension or surrender of, or any other disciplinary action taken
against, a license or certificate to practice psychology or behavioral

– 30 –

- 83rd Session (2025)
health promotion and prevention or registration to practice as a
psychological assistant, psychologica l intern or psychological
trainee issued to the person by another state or territory of the
United States, the District of Columbia or a foreign country.
(j) Violated or attempted to violate, directly or indirectly, or
assisted in or abetted the violation of or conspired to violate a
provision of this chapter.
(k) Performed or attempted to perform any professional service
while impaired by alcohol, drugs or by a mental or physical illness,
disorder or disease.
(l) Engaged in sexual activity with a patient or client.
(m) Been convicted of abuse or fraud in connection with any
state or federal program which provides medical assistance.
(n) Been convicted of submitting a false claim for payment to
the insurer of a patient or client.
(o) Operated a medical facility, as defined in NRS 449.0151, at
any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the
suspension or revocation of the license pursuant to NRS 449.160.
 This paragraph applies to an owner or other principal responsible
for the operation of the facility.
2. As used in this section, “preponderance of the evidence” has
the meaning ascribed to it in NRS 233B.0375.
Sec. 36. NRS 641.245 is hereby amended to read as follows:
641.245 1. The Board, any member thereof, a panel of its
members or a hearing officer may issue subpoenas to compel the
attendance of witnesses and the production of books, papers,
documents, the records of patients, and any other arti cle related to
the practice of psychology or behavioral health promotion and
prevention or to the practice as a psychological assistant,
psychological intern or psychological trainee.
2. If any witness refuses to attend or testify or produce any
article as required by the subpoena, the Board may file a petition
with the district court stating that:
(a) Due notice has been given for the time and place of
attendance of the witness or the production of the required articles;
(b) The witness has been subpoe naed pursuant to this section;
and
(c) The witness has failed or refused to attend or produce the
articles required by the subpoena or has refused to answer questions
propounded to him or her,

– 31 –

- 83rd Session (2025)
 and asking for an order of the court compelling the witness to
attend and testify before the Board, a panel of its members or a
hearing officer, or produce the articles as required by the subpoena.
3. Upon such a petition, the court shall enter an order directing
the witness to appear before the court at a time and place to be fixed
by the court in its order, the time to be not more than 10 days after
the date of the order, and then and there show cause why the witness
has not attended or testified or produced the articles. A certified
copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued, the court shall enter an order that the witness appear before
the Board, a panel of its members or a hearing officer at the time
and place fixed in the order and testify or produce the required
articles, and upon failure to obey the order the witness must be dealt
with as for contempt of court.
Sec. 37. NRS 641.250 is hereby amended to read as follows:
641.250 1. The Board or the Behavioral Health and
Wellness Practitioner Advisory Group established pursuant to
section 14 of this act, or any of [its] the members [,] of the Board
or Advisory Group, any review panel of a hospital or an association
of psychologists or behavioral health and wellness practitioners
which becomes aware that any one or combination of the grounds
for initiating disciplinary action may exist as to a person practicing
psychology or behavioral health promotion and prevention or
practicing as a psychological assistant, psychological intern or
psychological trainee in this State shall, and any other person who is
so aware may, file a written complaint specifying the relevant facts
with the Board.
2. As soon as practicable after receiving a written complaint
concerning a behavioral health an d wellness practitioner who is
not supervised by a psychologist, the Board shall:
(a) Identify the licensing board of the supervisor of the
behavioral health and wellness practitioner; and
(b) Notify that licensing board of the complaint.
3. 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.
Sec. 37.5. NRS 641.250 is hereby amended to read as follows:
641.250 1. The Board [or the Behavioral Health and
Wellness Practitioner Advisory Group] or any of [the] its members ,
[of the Board or Advisory Group,] any review panel of a hospital or
an association of psychologists or behavioral health and wellness
practitioners which becomes awar e that any one or combination of

– 32 –

- 83rd Session (2025)
the grounds for initiating disciplinary action may exist as to a person
practicing psychology or behavioral health promotion and
prevention or practicing as a psychological assistant, psychological
intern or psychological t rainee in this State shall, and any other
person who is so aware may, file a written complaint specifying the
relevant facts with the Board.
2. As soon as practicable after receiving a written complaint
concerning a behavioral health and wellness practit ioner who is not
supervised by a psychologist, the Board shall:
(a) Identify the licensing board of the supervisor of the
behavioral health and wellness practitioner; and
(b) Notify that licensing board of the complaint.
3. 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.
Sec. 38. NRS 641.2705 is hereby amended to read as follows:
641.2705 1. The Board, through the President of the Board
and the investigator designated by the Board, shall conduct an
investigation of each complaint filed pursuant to NRS 641.250
which sets forth reason to believe that a person has violated
NRS 641.390.
2. If, after an investigation, the Board determines that a person
has violated NRS 641.390, the Board:
(a) May issue and serve on the person an order to cease and
desist from engaging in any activity prohibited by NRS 641.390
until the person obtains the proper license or registration from the
Board;
(b) May issue a citation to the person; and
(c) Unless the Board determines that extenuating circumstances
exist, shall forward to the appropriate law enforcement agency any
substantiated information that has been submitted to the Board
regarding a person who practices or offers to practice:
(1) Psychology in this State without the proper license issued
by the Board pursuant to this chapter; [or]
(2) Behavioral health promotion and prevention in this
State without the proper license issued by the Board pursuant to
this chapter; or
(3) As a psychological assistant, psychological intern or
psychological trainee in this State without the proper registration
issued by the Board pursuant to this chapter.
3. A citation issued pursuant to subsection 2 must be in writing
and describe with particularity the nature of the violation. The
citation also must inform the person of the provisions of

– 33 –

- 83rd Session (2025)
subsection 5. Each violation of NRS 641.390 constitutes a separate
offense for which a separate citation may be issued.
4. For any person who violates the provisions of NRS 641.390,
the Board shall assess an administrative fine of:
(a) For a first violation, $500.
(b) For a second violation, $1,000.
(c) For a third or subsequent violation, $1,500.
5. To appeal a citation issued pursuant to subsection 2, a
person must submit a written request for a hearing to the Board
within 30 days after the date of issuance of the citation.
Sec. 39. NRS 641.272 is hereby amended to read as follows:
641.272 1. Notwithstanding the provisions of chapter 622A
of NRS, the Board may require the person named in a complaint to
submit to a mental examination conducted by a panel of three
psychologists designated by the Board or a physical examination
conducted by a physician designated by the Board.
2. Every psychologist and behavioral health and wellness
practitioner licensed under this chapter and every psychological
assistant, psychological intern or psychological trainee registered
under this chapter who accepts the privilege of practicing
psychology or behavioral health promotion and prevention or
practicing as a psychological assistant, psychological intern or
psychological trainee in this State shall be deemed to have given
consent to submit to a mental or physical examination when directed
to do so in writing by the Board. The testimony or reports of the
examining psychologists or physician are privileged
communications, except as to proceedings conducted pursuant to
this chapter.
3. Except in extraordinary circumstances, as determined by the
Board, the failure of a psychologist, behavioral health and wellness
practitioner, psychological assistant, psychological intern or
psychological trainee to submit to an examination as provide d in
this section constitutes grounds for the immediate suspension of the
psychologist’s or behavioral health and wellness practitioner’s
license or the psychological assistant’s, psychological intern’s or
psychological trainee’s registration.
Sec. 40. NRS 641.273 is hereby amended to read as follows:
641.273 Notwithstanding the provisions of chapter 622A of
NRS, if the Board has reason to believe that the conduct of any
psychologist, behavioral health and wellness practitioner,
psychological assistant, psychological intern or psychological
trainee has raised a reasonable question as to competence to practice
psychology or behavioral health promotion and prevention or to

– 34 –

- 83rd Session (2025)
practice as a psychological assistant, psychological intern or
psychological trainee with reasonable skill and safety to patients, the
Board may require the psychologist, behavioral health and
wellness practitioner, psychological assistant, psychological intern
or psychological trainee to take a written or oral examination to
determine whether the psychologist, behavioral health and wellness
practitioner, psychological assistant, psychological intern or
psychological trainee is competent to practice psychology or
behavioral health promotion and prevention or to practice as a
psychological assistant, psychological intern or psychological
trainee. If an examination is required, the reasons therefor must be
documented and made available to the psychologist, behavioral
health and wellness practitioner, psychological assistant,
psychological intern or psychological trainee being examined.
Sec. 41. NRS 641.274 is hereby amended to read as follows:
641.274 Notwithstanding the provisions of chapter 622A of
NRS, if the Board, a panel of its members or a hearing officer issues
an order suspending the license of a psychologist or behavioral
health and wellness practitioner or the registration of a
psychological assistant, psychological intern or psychological
trainee pending proceedings for disciplinary action and requires the
psychologist, behavioral health and wellness practitioner,
psychological assistant, psychological intern or psychological
trainee to submit to a mental or physical examination or an
examination of his or her competency to practice psychology or
behavioral health promotion and p revention or to practice as a
psychological assistant, psychological intern or psychological
trainee, the examination must be conducted and the results obtained
within 60 days after the Board, panel of its members or hearing
officer issues the order.
Sec. 42. NRS 641.285 is hereby amended to read as follows:
641.285 Notwithstanding the provisions of chapter 622A of
NRS, in any disciplinary proceeding before the Board, a panel of its
members or a hearing officer:
1. Proof of actual injury need not be established where the
complaint charges deceptive or unethical professional conduct,
practice of psychology [,] or behavioral health promotion and
prevention or practice as a psychological assistant, psychological
intern or psychological trainee harmful to the public.
2. A certified copy of the record of a court or a licensing
agency showing a conviction or the suspension or revocation of a
license to practice psychology or behavioral health promotion and
prevention or registration to practice as a psycho logical assistant,

– 35 –

- 83rd Session (2025)
psychological intern or psychological trainee or an order containing
any other disciplinary action entered by a court in the District of
Columbia or any state or territory of the United States is conclusive
evidence of its occurrence.
3. The entering of a plea of nolo contendere in a court of
competent jurisdiction shall be deemed a conviction of the offense
charged.
Sec. 43. NRS 641.312 is hereby amended to read as follows:
641.312 1. Any person who has been placed on probation or
whose license or registration has been limited, suspended or revoked
is entitled to judicial review of the order.
2. Every order which limits the practice of psychology or
behavioral health promotion or prevention or the practice as a
psychological assi stant, psychological intern or psychological
trainee or suspends or revokes a license or registration is effective
from the date the Board certifies the order until the date the order is
modified or reversed by a final judgment of the court.
3. The district court shall give a petition for judicial review of
the order priority over other civil matters which are not expressly
given priority by law.
Sec. 44. NRS 641.314 is hereby amended to read as follows:
641.314 Notwithstanding the provisions of chapter 622A of
NRS:
1. Pending disciplinary proceedings before the Board, a panel
of its members or a hearing officer, the court may, upon application
by the Board or the Attorney General, issue a temporary restraining
order or a preliminary injunction to enjoin any unprofessional
conduct of a psychologist, behavioral health and wellness
practitioner, psychological assistant, psychological intern or
psychological trainee which is harmful to the public, to limit the
psychologist’s, behavioral health and w ellness practitioner’s,
psychological assistant’s, psychological intern’s or psychological
trainee’s practice or to suspend the license to practice psychology or
behavioral health promotion and prevention or registration to
practice as a psychological assi stant, psychological intern or
psychological trainee, without proof of actual damage sustained by
any person, this provision being a preventive as well as a punitive
measure.
2. The disciplinary proceedings before the Board, a panel of its
members or a h earing officer must be instituted and determined as
promptly as the requirements for investigation of the case
reasonably allow.

– 36 –

- 83rd Session (2025)
Sec. 45. NRS 641.316 is hereby amended to read as follows:
641.316 1. The Board through its President or Secretary -
Treasurer or the Attorney General may maintain in any court of
competent jurisdiction a suit for an injunction against any person
practicing:
(a) Psychology without a license or authorization to practice
psychology in this State pursuant to the Psychology
Interjurisdictional Compact enacted in NRS 641.227; [or]
(b) Behavioral health promotion and prevention without a
license; or
(c) As a psychological assistant, psychological intern or
psychological trainee without a registration.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by
any person, this provision being a preventive as well as a punitive
measure.
(b) Does not relieve any person from criminal prosecution for
practicing without a license or registration.
Sec. 46. NRS 641.318 is hereby amended to read as follows:
641.318 In addition to any other immunity provided by the
provisions of chapter 622A of NRS, the Board, a review panel of a
hospital, an association of psychologists or behavioral health and
wellness prac titioners or any other person who or organization
which initiates a complaint or assists in any lawful investigation or
proceeding concerning the licensing of a psychologist or behavioral
health and wellness practitioner or the registering of a
psychological assistant, psychological intern or psychological
trainee or the discipline of a psychologist, behavioral health and
wellness practitioner, psychological assistant, psychological intern
or psychological trainee for gross malpractice, repeated malpractice,
professional incompetence or unprofessional conduct is immune
from any civil action for that initiation or assistance or any
consequential damages, if the person or organization acted without
malicious intent.
Sec. 47. NRS 641.320 is hereby amended to read as follows:
641.320 1. Any person:
(a) Whose practice of psychology or behavioral health
promotion and prevention or practice as a psychological assistant,
psychological intern or psychological trainee has been limited;
(b) Whose license or registration has been revoked; or
(c) Who has been placed on probation,
 by an order of the Board, a panel of its members or a hearing
officer may apply to the Board after 1 year for removal of the

– 37 –

- 83rd Session (2025)
limitation or termination of the probation or may apply to th e Board
pursuant to the provisions of chapter 622A of NRS for reinstatement
of the revoked license or registration.
2. In hearing the application, the Board:
(a) May require the person to submit to a mental or physical
examination conducted by psychologists or by physicians whom it
designates and submit such other evidence of changed conditions
and of fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time
of the application is reasonable.
(c) May deny the application or modify or rescind its order as it
considers the evidence and the public safety warrants.
Sec. 48. NRS 641.390 is hereby amended to read as follows:
641.390 1. Except as authorized by the Psychology
Interjurisdictional Compact enacted in NRS 641.227, a person shall
not represent himself or herself as a psychologist within the
meaning of this chapter or engage in the practice of psychology
unless he or she is licensed as a psychologist under the provisions of
this chapter.
2. Except as authorized by subsection 6, a person shall not
represent himself or herself as a behavioral health and wellness
practitioner within the meaning of this chapter or engage in the
practice of behavioral health promotion and prevention unless he
or she is l icensed as a behavioral health and wellness practitioner
under the provisions of this chapter.
3. This chapter does not prevent the teaching of psychology or
behavioral health promotion and prevention or psychological
research at an accredited educationa l institution, unless the teaching
or research involves the delivery or supervision of direct
psychological services or behavioral health promotion and
prevention to a person. Persons who have earned a doctoral degree
in psychology from an accredited educa tional institution may use
the title “psychologist” in conjunction with the activities permitted
by this subsection.
[3.] 4. A graduate student in psychology whose activities are
part of the course of study for a graduate degree in psychology at an
accredited educational institution or a person pursuing postdoctoral
training or experience in psychology to fulfill the requirements for
licensure under the provisions of this chapter may use the terms
“psychological trainee,” “psychological intern” or “psycho logical
assistant” if the activities are performed under the supervision of a
licensed psychologist in accordance with the regulations adopted by
the Board.

– 38 –

- 83rd Session (2025)
[4.] 5. A person who is certified as a school psychologist by
the State Board of Education may use the title “school psychologist”
or “certified school psychologist” in connection with activities
relating to school psychologists.
6. A person who is performing services or participating in
activities as part of a supervised course of study in an accre dited
or approved educational program while pursuing study leading to
a degree in or license to practice behavioral health promotion and
prevention may, in accordance with the regulations adopted by the
Board pursuant to section 13 of this act, engage in the supervised
practice of behavioral health promotion and prevention without a
license issued pursuant to this chapter if the person is designated
by a title which clearly indicates the status of the person as a
student or trainee.
Sec. 49. NRS 641.440 is hereby amended to read as follows:
641.440 Any person who:
1. Presents as his or her own the diploma, license, registration
or credentials of another;
2. Gives either false or forged evidence of any kind to the
Board or any member thereof, in connection with an application for
a license or registration;
3. Practices psychology or behavioral health promotion and
prevention or practices as a psychological assistant, psychological
intern or psychological trainee under a false or assumed name or
falsely personates another psychologist, behavioral health and
wellness practitioner, psychological assistant, psychological intern
or psychological trainee of a like or different name;
4. Except as otherwise provided in NRS 641.0295, 641.390
and 641A.410, and section 12 of this act, represents himself or
herself as a psychologist, or uses any title or description which
incorporates the word “psychology,” “psychological,”
“psychologist,” “psychometry,” “psychometrics,” “psychometrist”
or any other term indicating or implying that he or she is a
psychologist, unless he or she has been issued a license;
5. Except as otherwise provided in section 12 of this act,
represents himself or herself as a behavioral health and wellness
practitioner or uses any title or description which incorporates the
words “behavioral health and wellness practitioner” or any other
term indicating or implying that he or she is a behavioral health
and wellness practitioner, unless he or she has been issued a
license;
6. Except as otherwise provided in NRS 641.390, represents
himself or herself as a psychological assistant, psychological intern

– 39 –

- 83rd Session (2025)
or psychological trainee, or uses any title or description which
incorporates the words “psychological assistant,” “psyc hological
intern” or “psychological trainee” or any other term indicating or
implying that he or she is a psychological assistant, psychological
intern or psychological trainee, unless he or she has been issued a
registration;
[6.] 7. Practices psychology unless he or she has been issued a
license; [or]
[7.] 8. Except as otherwise provided in NRS 641.390 and
section 12 of this act, practices behavioral health promotion and
prevention unless he or she has been issued a license; or
9. Practices as a ps ychological assistant, psychological intern
or psychological trainee unless he or she has been issued a
registration,
 is guilty of a gross misdemeanor.
Sec. 50. NRS 641A.297 is hereby amended to read as follows:
641A.297 1. A program of education for mental health
professionals approved by the Board, a mental health professional or
a person receiving training for mental health professionals is not
required to retain a recording of the provision of mental health
services by a marriage and family therapist or clinical professional
counselor to a client that meets the requirements of subsection 2 if:
(a) The recording is used for a training activity that is part of a
program of education for mental health professionals approved by
the Board;
(b) The client has provided informed consent in writing on a
form that meets the requirements prescribed by the Board pursuant
to subsection 3 to the use of the recording in the training activity;
(c) Destroying the recording does not res ult in noncompliance
with the obligations described in subsection 4; and
(d) The recording is destroyed after the expiration of the period
of time prescribed by the Board pursuant to paragraph (b) of
subsection 3.
2. A recording of the provision of mental health services by a
marriage and family therapist or clinical professional counselor to a
client used for the purpose described in paragraph (a) of
subsection 1:
(a) Must meet all requirements of the Health Insuran ce
Portability and Accountability Act of 1996, Public Law 104 -191,
and any regulations adopted pursuant thereto, that are designed to
prevent the reproduction, copying or theft of the recording; and
(b) Must not contain any personally identifiable informa tion
relating to the client unless the client has provided informed consent

– 40 –

- 83rd Session (2025)
in writing specifically authorizing the inclusion of that information
in the recording.
3. The Board shall adopt regulations:
(a) Prescribing requirements governing the provisio n of
informed written consent pursuant to paragraph (b) of subsection 1,
including, without limitation, requirements governing:
(1) The form on which such informed written consent must
be provided; and
(2) The length of time that a marriage and family therapist or
clinical professional counselor who obtains such informed written
consent must maintain the informed written consent;
(b) Prescribing the length of time that a program of education
for mental health professionals, a mental health professiona l or a
person receiving training for mental health professionals that uses a
recording of the provision of mental health services by a marriage
and family therapist or clinical professional counselor to a client for
the purposes described in paragraph (a) of subsection 1 may retain
the recording before destroying it; and
(c) Defining “training activity” for the purposes of this section.
4. The provisions of this section do not abrogate, alter or
otherwise affect the obligation of a marriage and family therapist or
clinical professional counselor to comply with the applicable
requirements of chapter 629 of NRS, including, without limitation,
the requirement to retain records concerning the mental health
services that he or she provides to clients in accordance with NRS
629.051 to 629.069, inclusive.
5. Except where necessary for compliance with subsection 4, a
recording of the provision of mental health services by a marriage
and family therapist or clinical professional counselor to a client that
is used for a training activity by a program of education for mental
health professionals, a mental health professional or a person
receiving training for mental health professionals in accordance with
the provisions of this section is not a health care record for the
purposes of chapter 629 of NRS.
6. As used in this section, “mental health professional” means
a psychologist, a behavioral health and wellness practitioner, a
marriage and family therapist, a clinical professional counselor, a
social worker, a master social worker, an independent social worker,
a clinical social worker, a clinical alcohol and drug counselor, an
alcohol and drug counselor or a problem gambling counselor.
Sec. 51. NRS 641B.040 is hereby amended to read as follows:
641B.040 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;

– 41 –

- 83rd Session (2025)
2. A nurse who is licensed to practice in this State;
3. A person who is licensed as a psychologist pursuant to
chapter 641 of NRS or authorized to practice psychology in this
State pursuant to the Psychology Interjurisdictional Compact
enacted in NRS 641.227;
4. A person who is licensed as a behavioral health and
wellness practitioner pursuant to chapter 641 of NRS;
5. A person who is licensed as a marriage and family therapist
or marriage and family therapist intern pursuant to chapter 641A of
NRS;
[5.] 6. A person who is li censed as a clinical professional
counselor or clinical professional counselor intern pursuant to
chapter 641A of NRS;
[6.] 7. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to chapter 640A of NRS;
[7.] 8. A person who is licensed as a clinical alcohol and drug
counselor, licensed or certified as an alcohol and drug counselor or
certified as a clinical alcohol and drug counselor intern, an alcohol
and drug counselor intern, a problem gambling counselor o r a
problem gambling counselor intern, pursuant to chapter 641C of
NRS;
[8.] 9. A person who provides or supervises the provision of
peer recovery support services in accordance with NRS 433.622 to
433.641, inclusive;
[9.] 10. Any member of the clergy;
[10.] 11. A county welfare director;
[11.] 12. Any person who may engage in social work or
clinical social work in his or her regular governmental employment
but does not hold himself or herself out to the public as a social
worker; or
[12.] 13. A student of social work and any other person
preparing for the profession of social work under the supervision of
a qualified social worker in a training institution or facility
recognized by the Board, unless the student or other person has been
issued a p rovisional license pursuant to paragraph (b) of subsection
1 of NRS 641B.275. Such a student must be designated by the title
“student of social work” or “trainee in social work,” or any other
title which clearly indicates the student’s training status.
Sec. 52. NRS 641B.355 is hereby amended to read as follows:
641B.355 1. A program of education for mental health
professionals approved by the Board, a mental health professional or
a person receiving training for mental health professionals is not
required to retain a recording of the provision of mental health

– 42 –

- 83rd Session (2025)
services by a social worker, a master social worker, an independent
social worker or a clinical social worker to a client that meets the
requirements of subsection 2 if:
(a) The recording is us ed for a training activity that is part of a
program of education for mental health professionals approved by
the Board;
(b) The client has provided informed consent in writing on a
form that meets the requirements prescribed by the Board pursuant
to subsection 3 to the use of the recording in the training activity;
(c) Destroying the recording does not result in noncompliance
with the obligations described in subsection 4; and
(d) The recording is destroyed after the expiration of the period
of time pre scribed by the Board pursuant to paragraph (b) of
subsection 3.
2. A recording of the provision of mental health services by a
social worker, a master social worker, an independent social worker
or a clinical social worker to a client used for the purpos e described
in paragraph (a) of subsection 1:
(a) Must meet all requirements of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104 -191,
and any regulations adopted pursuant thereto, that are designed to
prevent the reproduction, copying or theft of the recording; and
(b) Must not contain any personally identifiable information
relating to the client unless the client has provided informed consent
in writing specifically authorizing the inclusion of that information
in the recording.
3. The Board shall adopt regulations:
(a) Prescribing requirements governing the provision of
informed written consent pursuant to paragraph (b) of subsection 1,
including, without limitation, requirements governing:
(1) The form on which such informed written consent must
be provided; and
(2) The length of time that a social worker, a master social
worker, an independent social worker or a clinical social worker
who obtains such informed written consent must maintain the
informed written consent;
(b) Prescribing the length of time that a program of education
for mental health professionals, a mental health professional or a
person receiving training for mental health professionals that uses a
recording of the provision of mental health services by a social
worker, a master social worker, an independent social worker or a
clinical social worker to a client for the purposes described in

– 43 –

- 83rd Session (2025)
paragraph (a) of subsection 1 may retain the recording before
destroying it; and
(c) Defining “training activity” for the purposes of this section.
4. The provisions of this section do not abrogate, alter or
otherwise affect the obligation of a social worker, a master social
worker, an independent social worker or a clinical social worker to
comply with t he applicable requirements of chapter 629 of NRS,
including, without limitation, the requirement to retain records
concerning the mental health services that he or she provides to
clients in accordance with NRS 629.051 to 629.069, inclusive.
5. Except where necessary for compliance with subsection 4, a
recording of the provision of mental health services by a social
worker, a master social worker, an independent social worker or a
clinical social worker to a client that is used for a training activity by
a program of education for mental health professionals, a mental
health professional or a person receiving training for mental health
professionals in accordance with the provisions of this section is not
a health care record for the purposes of chapter 629 of NRS.
6. As used in this section, “mental health professional” means
a psychologist, a behavioral health and wellness practitioner, a
marriage and family therapist, a clinical professional counselor, a
social worker, a master social worker, an independent social worker,
a clinical social worker, a clinical alcohol and drug counselor, an
alcohol and drug counselor or a problem gambling counselor.
Sec. 53. NRS 641C.130 is hereby amended to read as follows:
641C.130 The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of
chapter 630 or 633 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter
632 of NRS and is authorized by the State Board of Nursing to
engage in the practice of counseling persons with alcohol and other
substance use disorders or the practice of counseling persons with
an addictive disorder related to gambling;
3. A psychologist who is licensed pursuant to the provisions of
chapter 641 of NRS or authorized t o practice psychology in this
State pursuant to the Psychology Interjurisdictional Compact
enacted in NRS 641.227;
4. A person who is licensed as a behavioral health and
wellness practitioner pursuant to chapter 641 of NRS;
5. A clinical professional counselor or clinical professional
counselor intern who is licensed pursuant to chapter 641A of NRS;
[5.] 6. A marriage and family therapist or marriage and family
therapist intern who is licensed pursuant to the provisions of

– 44 –

- 83rd Session (2025)
chapter 641A of NRS and is authorized by the Board of Examiners
for Marriage and Family Therapists and Clinical Professional
Counselors to engage in the practice of counseling persons with
alcohol and other substance use disorders or the practice of
counseling persons with an addictive disorder related to gambling;
[6.] 7. A person who is:
(a) Licensed as:
(1) A clinical social worker pursuant to the provisions of
chapter 641B of NRS; or
(2) A master social worker or an independent social worker
pursuant to the provisions of chapter 641B of NRS and is engaging
in clinical social work as part of an internship program approved by
the Board of Examiners for Social Workers; and
(b) Authorized by the Board of Examiners for Social Workers to
engage in the practice of counseling per sons with alcohol and other
substance use disorders or the practice of counseling persons with
an addictive disorder related to gambling; or
[7.] 8. A person who provides or supervises the provision of
peer recovery support services in accordance with NR S 433.622 to
433.641, inclusive.
Sec. 54. NRS 641C.610 is hereby amended to read as follows:
641C.610 1. A program of education for mental health
professionals approved by the Board, a mental health professional or
a person receiving training for ment al health professionals is not
required to retain a recording of the provision of mental health
services by a clinical alcohol and drug counselor, an alcohol and
drug counselor or a problem gambling counselor to a client that
meets the requirements of subsection 2 if:
(a) The recording is used for a training activity that is part of a
program of education for mental health professionals approved by
the Board;
(b) The client has provided informed consent in writing on a
form that meets the requirements prescribed by the Board pursuant
to subsection 3 to the use of the recording in the training activity;
(c) Destroying the recording does not result in noncompliance
with the obligations described in subsection 4; and
(d) The recording is destroyed after the expiration of the period
of time prescribed by the Board pursuant to paragraph (b) of
subsection 3.
2. A recording of the provision of mental health services by a
clinical alcohol and drug counselor, an alcohol and drug counselor
or a problem gambling counselor to a client used for the purpose
described in paragraph (a) of subsection 1:

– 45 –

- 83rd Session (2025)
(a) Must meet all requirements of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104 -191,
and any regulations adopted pursuant thereto, that are designed to
prevent the reproduction, copying or theft of the recording; and
(b) Must not contain any personally identifiable information
relating to the client unless the client has provided informed consent
in writing specifically authorizing the inclusion of that information
in the recording.
3. The Board shall adopt regulations:
(a) Prescribing requirements governing the provision of
informed written consent pursuant to paragraph (b) of subse ction 1,
including, without limitation, requirements governing:
(1) The form on which such informed written consent must
be provided; and
(2) The length of time that a clinical alcohol and drug
counselor, alcohol and drug counselor or problem gambling
counselor who obtains such informed written consent must maintain
the informed written consent;
(b) Prescribing the length of time that a program of education
for mental health professionals, a mental health professional or a
person receiving training fo r mental health professionals that uses a
recording of the provision of mental health services by a clinical
alcohol and drug counselor, an alcohol and drug counselor or a
problem gambling counselor to a client for the purposes described in
paragraph (a) o f subsection 1 may retain the recording before
destroying it; and
(c) Defining “training activity” for the purposes of this section.
4. The provisions of this section do not abrogate, alter or
otherwise affect the obligation of a clinical alcohol and dr ug
counselor, an alcohol and drug counselor or a problem gambling
counselor to comply with the applicable requirements of chapter 629
of NRS, including, without limitation, the requirement to retain
records concerning the mental health services that he or she
provides to clients in accordance with NRS 629.051 to 629.069,
inclusive.
5. Except where necessary for compliance with subsection 4, a
recording of the provision of mental health services by a clinical
alcohol and drug counselor, an alcohol and dru g counselor or a
problem gambling counselor to a client that is used for a training
activity by a program of education for mental health professionals, a
mental health professional or a person receiving training for mental
health professionals in accordance with the provisions of this section
is not a health care record for the purposes of chapter 629 of NRS.

– 46 –

- 83rd Session (2025)
6. As used in this section, “mental health professional” means
a psychologist, a behavioral health and wellness practitioner, a
marriage and family therapist, a clinical professional counselor, a
social worker, a master social worker, an independent social worker,
a clinical social worker, a clinical alcohol and drug counselor, an
alcohol and drug counselor or a problem gambling counselor.
Sec. 55. NRS 641D.110 is hereby amended to read as follows:
641D.110 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a psychologist or behavioral
health and wellness practitioner pursuant to chapter 641 of NRS;
4. A person who is licensed as a marriage and family therapist
or marriage and family therapist intern pursuant to chapter 641A of
NRS;
5. A person who is licensed as a clinical professional counselor
or clinical professional counselor intern pursuant to chapter 641A of
NRS;
6. A person who is licensed to engage in social work pursuant
to chapter 641B of NRS;
7. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to chapter 640A of NRS;
8. A person who is licensed as a clinical alcohol and drug
counselor, licensed or certified as an alcohol and drug counselor or
certified as an al cohol and drug counselor intern, a clinical alcohol
and drug counselor intern, a problem gambling counselor or a
problem gambling counselor intern, pursuant to chapter 641C of
NRS;
9. Any member of the clergy;
10. A family member, guardian or caregive r of a recipient of
applied behavior analysis services who performs activities as
directed by a behavior analyst or assistant behavior analyst; or
11. An employee of a school district or charter school when
providing services to a pupil in a public schoo l in a manner
consistent with the duties of his or her position,
 if such a person does not commit an act described in NRS
641D.910 or represent himself or herself as a behavior analyst,
assistant behavior analyst or registered behavior technician.
Sec. 56. NRS 7.095 is hereby amended to read as follows:
7.095 1. An attorney shall not contract for or collect a fee
contingent on the amount of recovery for representing a person
seeking damages in connection with an action for injury or death

– 47 –

- 83rd Session (2025)
against a provider of health care based upon professional negligence
in excess of 35 percent of the amount recovered.
2. The limitations set forth in subsection 1 apply to all forms of
recovery, including, without limitation, settlement, arbitration and
judgment.
3. For the purposes of this section, “recovered” means the net
sum recovered by the plaintiff after deducting any disbursements or
costs incurred in connection with the prosecution or settlement of
the claim. Costs of medical care incurred by the plaintiff and general
and administrative expenses incurred by the office of the attorney
are not deductible disbursements or costs.
4. As used in this section:
(a) “Professional negligence” means a negligent act or omission
to act by a provider of health care in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is
licensed or s ervices for which any restriction has been imposed by
the applicable regulatory board or health care facility.
(b) “Provider of health care” means a physician licensed under
chapter 630 or 633 of NRS, dentist, registered nurse, dispensing
optician, optome trist, registered physical therapist, podiatric
physician, licensed psychologist, behavioral health and wellness
practitioner, chiropractic physician, naprapath, doctor of Oriental
medicine, holder of a license or a limited license issued under the
provisions of chapter 653 of NRS, medical laboratory director or
technician, licensed dietitian or a licensed hospital and its
employees.
Sec. 57. NRS 41A.017 is hereby amended to read as follows:
41A.017 “Provider of health care” means a physician licensed
pursuant to chapter 630 or 633 of NRS, physician assistant,
anesthesiologist assistant, dentist, licensed nurse, dispensing
optician, optometrist, registered physical therapist, podiatric
physician, licensed psychologist, behavioral health and wellness
practitioner, chiropractic physician, naprapath, doctor of Oriental
medicine, holder of a license or a limited license issued under the
provisions of chapter 653 of NRS, medical laboratory director or
technician, licensed dietitian or a licensed hospital, clinic, surgery
center, physicians’ professional corporation or group practice that
employs any such person and its employees.
Sec. 58. NRS 42.021 is hereby amended to read as follows:
42.021 1. In an action for injury or death against a provider
of health care based upon professional negligence, if the defendant

– 48 –

- 83rd Session (2025)
so elects, the defendant may introduce evidence of any amount
payable as a benefit to the plaintiff as a result of the injury or deat h
pursuant to the United States Social Security Act, any state or
federal income disability or worker’s compensation act, any health,
sickness or income -disability insurance, accident insurance that
provides health benefits or income -disability coverage, a nd any
contract or agreement of any group, organization, partnership or
corporation to provide, pay for or reimburse the cost of medical,
hospital, dental or other health care services. If the defendant elects
to introduce such evidence, the plaintiff may introduce evidence of
any amount that the plaintiff has paid or contributed to secure the
plaintiff’s right to any insurance benefits concerning which the
defendant has introduced evidence.
2. A source of collateral benefits introduced pursuant to
subsection 1 may not:
(a) Recover any amount against the plaintiff; or
(b) Be subrogated to the rights of the plaintiff against a
defendant.
3. In an action for injury or death against a provider of health
care based upon professional negligence, a district court shall, at the
request of either party, enter a judgment ordering that money
damages or its equivalent for future damages of the judgment
creditor be paid in whole or in part by periodic payments rather than
by a lump -sum payment if the award equals o r exceeds $50,000 in
future damages.
4. In entering a judgment ordering the payment of future
damages by periodic payments pursuant to subsection 3, the court
shall make a specific finding as to the dollar amount of periodic
payments that will compensate the judgment creditor for such future
damages. As a condition to authorizing periodic payments of future
damages, the court shall require a judgment debtor who is not
adequately insured to post security adequate to assure full payment
of such damages awar ded by the judgment. Upon termination of
periodic payments of future damages, the court shall order the return
of this security, or so much as remains, to the judgment debtor.
5. A judgment ordering the payment of future damages by
periodic payments entered pursuant to subsection 3 must specify the
recipient or recipients of the payments, the dollar amount of the
payments, the interval between payments, and the number of
payments or the period of time over which payments will be made.
Such payments must o nly be subject to modification in the event of
the death of the judgment creditor. Money damages awarded for loss
of future earnings must not be reduced or payments terminated by

– 49 –

- 83rd Session (2025)
reason of the death of the judgment creditor, but must be paid to
persons to whom the judgment creditor owed a duty of support, as
provided by law, immediately before the judgment creditor’s death.
In such cases, the court that rendered the original judgment may,
upon petition of any party in interest, modify the judgment to award
and apportion the unpaid future damages in accordance with this
subsection.
6. If the court finds that the judgment debtor has exhibited a
continuing pattern of failing to make the periodic payments as
specified pursuant to subsection 5, the court shall find the judgment
debtor in contempt of court and, in addition to the required periodic
payments, shall order the judgment debtor to pay the judgment
creditor all damages caused by the failure to make such periodic
payments, including, but not limited to, court costs and attorney’s
fees.
7. Following the occurrence or expiration of all obligations
specified in the periodic payment judgment, any obligation of the
judgment debtor to make further payments ceases and any security
given pursuant to subsection 4 reverts to the judgment debtor.
8. As used in this section:
(a) “Future damages” includes damages for future medical
treatment, care or custody, loss of future earnings, loss of bodily
function, or future pain and suffering of the judgment creditor.
(b) “Periodic payments” means the payment of money or
delivery of other property to the judgment creditor at regular
intervals.
(c) “Professional negligence” means a negligent act or omission
to act by a provider of health care in the rendering of profess ional
services, which act or omission is the proximate cause of a personal
injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is
licensed or services for which any restr iction has been imposed by
the applicable regulatory board or health care facility.
(d) “Provider of health care” means a physician licensed under
chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing
optician, optometrist, registered physical th erapist, podiatric
physician, naprapath, licensed psychologist, behavioral health and
wellness practitioner, chiropractic physician, doctor of Oriental
medicine, holder of a license or a limited license issued under the
provisions of chapter 653 of NRS, me dical laboratory director or
technician, licensed dietitian or a licensed hospital and its
employees.

– 50 –

- 83rd Session (2025)
Sec. 59. Chapter 49 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Any privilege established by this chapter for
communications between a patient and the supervisor of a
behavioral health and wellness practitioner applies equally to
communications between the patient and the behavioral health
and wellness practitioner or any other person who is participating
in the behavioral health promotion and prevention services under
the direction of the behavioral health and wellness practitioner.
2. As used in this section:
(a) “Behavioral health and wellness practitioner” has the
meaning ascribed to it in section 10 of this act.
(b) “Behavioral health promotion and prevention” has the
meaning ascribed to it in section 11 of this act.
(c) “Patient” has the meaning ascribed to it in NRS 641.0245.
(d) “Supervisor” means a provider of health care who
supervises a behavioral heal th and wellness practitioner pursuant
to section 18 of this act.
Sec. 60. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) “Assault” means:
(1) Unlawfully attempting to use physical force against
another person; or
(2) Intentionally placing another person in reasonable
apprehension of immediate bodily harm.
(b) “Fire-fighting agency” has the meaning ascribed to it in
NRS 239B.020.
(c) “Health care facility” means a facility licensed pursuant to
chapter 449 of NRS, an office of a person listed in NRS 629.031, a
clinic or any other location, other than a residence, where health
care is provided.
(d) “Officer” means:
(1) A person who possesses some or all of the powers of a
peace officer;
(2) A person employed in a full -time salaried occupation of
fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or
county jail;
(5) A prosecuting attorn ey of an agency or political
subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of
Appeals, district judge, justice of the peace, municipal judge,

– 51 –

- 83rd Session (2025)
magistrate, court commissioner, master or referee, i ncluding a
person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of
this State whose official duties require the employee to make home
visits;
(8) A civilian employee or a voluntee r of a law enforcement
agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that
identifies the employee or volunteer as working or volunteering for
the law enforcement agency;
(9) A civilian employee or a volunteer of a fire -fighting
agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire
prevention; and
(III) Wear identification, clothing or a uniform that
identifies the employee or volunteer as working or volunteering for
the fire-fighting agency; or
(10) A civilian employee or volunteer of thi s State or a
political subdivision of this State whose official duties require the
employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that
identifies the employee or volunteer as working or volunteering for
this State or a political subdivision of this State.
(e) “Provider of health care” means:
(1) A physician, a medical student, a perfusionist, an
anesthesiologist assistant or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a
homeopathic physician, an advanced practitioner of homeopathy, a
homeopathic assistant, an osteopathic physician, a physician
assistant or anesthesiologist assistant l icensed pursuant to chapter
633 of NRS, a podiatric physician, a podiatry hygienist, a physical
therapist, a medical laboratory technician, an optometrist, a
chiropractic physician, a chiropractic assistant, a naprapath, a doctor
of Oriental medicine, a nu rse, a student nurse, a certified nursing
assistant, a nursing assistant trainee, a medication aide - certified, a
person who provides health care services in the home for
compensation, a dentist, a dental student, a dental hygienist, a dental
hygienist st udent, an expanded function dental assistant, an

– 52 –

- 83rd Session (2025)
expanded function dental assistant student, a pharmacist, a
pharmacy student, an intern pharmacist, an attendant on an
ambulance or air ambulance, a psychologist, a behavioral health
and wellness practitione r, a social worker, a marriage and family
therapist, a marriage and family therapist intern, a clinical
professional counselor, a clinical professional counselor intern, a
behavior analyst, an assistant behavior analyst, a registered behavior
technician, a mental health technician, a licensed dietitian, the
holder of a license or a limited license issued under the provisions of
chapter 653 of NRS, a public safety officer at a health care facility,
an emergency medical technician, an advanced emergency medic al
technician, a paramedic or a participant in a program of training to
provide emergency medical services; or
(2) An employee of or volunteer for a health care facility
who:
(I) Interacts with the public;
(II) Performs tasks related to providing health care; and
(III) Wears identification, clothing or a uniform that
identifies the person as an employee or volunteer of the health care
facility.
(f) “School employee” means a licensed or unlicensed person
employed by a board of trustees of a school district pursuant to NRS
391.100 or 391.281.
(g) “Sporting event” has the meaning ascribed to it in
NRS 41.630.
(h) “Sports official” has the meaning ascribed to it in
NRS 41.630.
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(j) “Taxicab driver” means a person who operates a taxicab.
(k) “Transit operator” means a person who operates a bus or
other vehicle as part of a public mass transportation system.
(l) “Utility worker” means an employee of a public utility as
defined in NRS 704.020 whose official duties require the employee
to:
(1) Interact with the public;
(2) Perform tasks related to the operation of the public
utility; and
(3) Wear identification, clothing or a uniform that identifies
the employee as working for the public utility.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of
the crime and the assault is not made with the use of a deadly

– 53 –

- 83rd Session (2025)
weapon or the present ability to use a deadly weap on, for a
misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the
present ability to use a deadly weapon, for a category B felony by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the
crime and if the assault:
(1) Is committed upon:
(I) An officer, a school employee, a taxicab driver, a
transit operator or a utility worker who is performing his or her
duty;
(II) A provider of health care while the provider of health
care is performing his or her duty or is on the premises where he or
she performs that duty; or
(III) A sports official based on the performance of his or
her duties at a sporting event; and
(2) The person charged knew or should have known that the
victim was an officer, a provider of health care, a school employee,
a taxicab driver, a transit operat or, a utility worker or a sports
official,
 for a gross misdemeanor, unless the assault is made with the use
of a deadly weapon or the present ability to use a deadly weapon,
then for a category B felony by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not
more than 6 years, or by a fine of not more than $5,000, or by both
fine and imprisonment.
(d) If the assault:
(1) Is committed by a probationer, a prisoner who is in
lawful custody or confinement or a parolee upon:
(I) An officer, a school employee, a taxicab driver, a
transit operator or a utility worker who is performing his or her
duty;
(II) A provider of health care while the provider of health
care is performing his or her duty or is on t he premises where he or
she performs that duty; or
(III) A sports official based on the performance of his or
her duties at a sporting event; and
(2) The probationer, prisoner or parolee charged knew or
should have known that the victim was an office r, a provider of
health care, a school employee, a taxicab driver, a transit operator, a
utility worker or a sports official,

– 54 –

- 83rd Session (2025)
 for a category D felony as provided in NRS 193.130, unless the
assault is made with the use of a deadly weapon or the present
ability to use a deadly weapon, then for a category B felony by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
Sec. 61. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person who is described in subsection 4 and
who, in a professional or occupational capacity, knows or has
reasonable cause to believe that an older person or vulnerable
person has been abused, neglected, exploited, isolated or abandoned
shall:
(a) Except as otherwise provided in subsection 2, report the
abuse, neglect, exploitation, isolation or abandonment of the older
person or vulnerable person to:
(1) The local office of the Aging and Disability Services
Division of the Department of Health and Human Services;
(2) A police department or sheriff’s office; or
(3) A toll-free telephone service designated by the Aging and
Disability Services Division of the Department of Health and
Human Services; and
(b) Make such a report as soon as reasonably practicable but not
later than 24 hours after the person knows or has reasonable cause to
believe that the older person or vulnerable person has been abused,
neglected, exploited, isolated or abandoned.
2. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation, isolation or abandonment of the older
person or vulnerable person involves an act or omission of the
Aging and Disability Services Division, another division of the
Department of Health and Human Services or a law enforcement
agency, the person shall make the report to an agency other than the
one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward
a copy of the report to the Aging and Disability Services Division of
the Department of Health and Human Services and the Unit for the
Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the
following persons:
(a) Every physician, dentist, dental hygienist, expanded function
dental assistant, chiropractic physician, naprapath, optometrist,
podiatric physician, medical examiner, resid ent, intern, professional
or practical nurse, physician assistant licensed pursuant to

– 55 –

- 83rd Session (2025)
chapter 630 or 633 of NRS, anesthesiologist assistant, perfusionist,
psychiatrist, psychologist, behavioral health and wellness
practitioner, marriage and family therap ist, clinical professional
counselor, clinical alcohol and drug counselor, alcohol and drug
counselor, music therapist, athletic trainer, driver of an ambulance,
paramedic, licensed dietitian, holder of a license or a limited license
issued under the provi sions of chapter 653 of NRS, behavior
analyst, assistant behavior analyst, registered behavior technician,
peer recovery support specialist, as defined in NRS 433.627, peer
recovery support specialist supervisor, as defined in NRS 433.629,
or other person providing medical services licensed or certified to
practice in this State, who examines, attends or treats an older
person or vulnerable person who appears to have been abused,
neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in
the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or
similar institution upon notification of the suspected abuse, neglect,
exploitation, isolatio n or abandonment of an older person or
vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to
provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to
provide nursing in the home.
(f) Every person who operates, who is employed by or who
contracts to provide services for an intermediary service
organization as defined in NRS 449.4304.
(g) Any employee of the Department of He alth and Human
Services, except the State Long -Term Care Ombudsman appointed
pursuant to NRS 427A.125 and any of his or her advocates or
volunteers where prohibited from making such a report pursuant to
45 C.F.R. § 1321.11.
(h) Any employee of a law enfor cement agency or a county’s
office for protective services or an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a facility or
establishment that provides care for older persons or vulnerable
persons.
(j) Any person wh o maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding
the abuse, neglect, exploitation, isolation or abandonment of an

– 56 –

- 83rd Session (2025)
older person or vulnerable person and refers them to persons and
agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or
mortuary.
(m) Every person who operates or is employed by a community
health worker pool, as defined in NRS 449.0028, or with whom a
community health worker pool contracts to provide the services of a
community health worker, as defined in NRS 449.0027.
(n) Every person who is enrolled with the Division of Health
Care Financing and Policy of the Department of Health and Human
Services to provide doula services to recipients of Medicaid
pursuant to NRS 422.27177.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that an older
person or vulnerable person has died as a result of abuse, neglect,
isolation or abandonment, the person shall, as soon as reasonably
practicable, report this belief to the appropriate medical examiner or
coroner, who shall investigate the cause of death of the older person
or vulnerable person and submit to the appropriate local law
enforcement agencies, the appropriate prosecuting attorney, the
Aging and Disability Services Division of the Department of Health
and Human Services and the Unit for the Inve stigation and
Prosecution of Crimes his or her written findings. The written
findings must include the information required pursuant to the
provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report
pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other
than the Aging and Disability Services Division of the Departm ent
of Health and Human Services, must be forwarded within 30 days
after the completion of the report to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against
Older Persons or Vulnerable Persons created by NRS 179A.450;
and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an
older person or vulnerable person is abused, neglected, exploited,
isolated or abandoned, the Aging and Dis ability Services Division
of the Department of Health and Human Services or the county’s

– 57 –

- 83rd Session (2025)
office for protective services may provide protective services to the
older person or vulnerable person if the older person or vulnerable
person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the
provisions of this section is guilty of a misdemeanor.
10. As used in this section, “Unit for the Investigation and
Prosecution of Crimes” means the Unit for the Investigation an d
Prosecution of Crimes Against Older Persons or Vulnerable Persons
in the Office of the Attorney General created pursuant to
NRS 228.265.
Sec. 62. NRS 226.454 is hereby amended to read as follows:
226.454 “Provider of health care” means:
1. A physician;
2. A physician assistant licensed pursuant to chapter 630 or
633 of NRS;
3. A dentist;
4. A licensed nurse;
5. A person who holds a license as an attendant or is certified
as an emergency medical technician, advanced emergency medical
technician or paramedic pursuant to chapter 450B of NRS;
6. An optometrist;
7. An audiologist;
8. A practitioner of respiratory care;
9. A podiatric physician;
10. A psychologist;
11. A clinical professional counselor;
12. A perfusionist;
13. A pharmacist or pharmacy technician;
14. An associate in social work, a social worker, a master
social worker, an independent social worker or a clinical social
worker licensed pursuant to chapter 641B of NRS;
15. A midwife; [or]
16. A provider of doula services who is enrolled with the
Division of Health Care Financing and Policy of the Department of
Health and Human Services to receive reimbursement through
Medicaid pursuant to NRS 422.27177 [.] ; or
17. A behavioral health and wellness practitioner.
Sec. 63. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:

– 58 –

- 83rd Session (2025)
(1) The Administrator of the Aging and Disability Services
Division;
(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of He alth Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and
section 66 of this act, 422.580, 432.010 to 432.133, inclusive,
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive,
and 445A.010 to 445A.055 , inclusive, and all other provisions of
law relating to the functions of the divisions of the Department, but
is not responsible for the clinical activities of the Division of Public
and Behavioral Health or the professional line activities of the other
divisions.
(c) Shall administer any state program for persons with
developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local
governments and nonprofit organizations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
copy of the plan to the Governo r and the Legislature at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and

– 59 –

- 83rd Session (2025)
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, is responsible for appointing and removing
subordinate officers and employees of the Department.
Secs. 64 and 65. (Deleted by amendment.)
Sec. 66. Chapter 422 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. To the extent that federal financial participation is
available, the Director shall include under Medicaid coverage for
behavioral health promotion and prevention provided by a
behavioral health and wellness practitioner.
2. The Department shall:
(a) Apply to the Secretary of Health and Human Services for
any waiver of federal law or apply for any amendment to the State
Plan for Medicaid that is necessary for the Department to receive
federal funding to provide the coverage described in subsection 1.
(b) Fully cooperate in good faith with the Federal Government
during the application process to satisfy the requirements of the
Federal Government for obtaining a waiver or amendment
pursuant to paragraph (a).
3. As used in this section:
(a) “Behavioral health and wellness practitioner” has the
meaning ascribed to it in section 10 of this act.
(b) “Behavioral health promotion and prevention” has the
meaning ascribed to it in section 11 of this act.
Secs. 67-79. (Deleted by amendment.)
Sec. 79.5. 1. The Division of Health Care Financing and
Policy of the Department of Health and Human Services shall
transfer from the Account to Improve Health Care Quality and
Access created by NRS 422.37945 to the Nevada Medicaid budget
account the sum of $68,705 for Fiscal Year 2026 -2027 to carry out
the provisions of section 66 of this act.

– 60 –

- 83rd Session (2025)
2. Expenditure of $115,171 not appropriated from the State
General Fund or the State Highway Fund is hereby authorized
during Fiscal Year 2 026-2027 by the Division of Health Care
Financing and Policy of the Department of Health and Human
Services for the same purpose as set forth in subsection 1.
Sec. 80. 1. Notwithstanding any other provision of law to the
contrary, the Director of the De partment of Health and Human
Services shall allocate, as reimbursement during the 2025 -2027
biennium, from the Fund for a Resilient Nevada created by NRS
433.732 to:
(a) The University of Nevada, Reno, not more than $574,980 for
the costs of a program tha t awards a bachelor’s degree for persons
wishing to become behavioral health and wellness practitioners and
award scholarships to students who enroll in that program.
(b) The University of Nevada, Reno, not more than $500,000 for
the costs to establish a program that awards a micro -credential in
behavioral health promotion and prevention and award scholarships
to students who enroll in that program.
(c) The University of Nevada, Las Vegas, not more than
$574,980 for the costs of a program that awards a ba chelor’s degree
for persons wishing to become behavioral health and wellness
practitioners and award scholarships to students who enroll in that
program.
(d) The University of Nevada, Las Vegas, not more than
$500,000 for the costs to establish a program that awards a micro -
credential in behavioral health promotion and prevention and award
scholarships to students who enroll in that program.
(e) Great Basin College not more than $574,980 for the costs of
a program that awards a bachelor’s degree for perso ns wishing to
become behavioral health and wellness practitioners and award
scholarships to students who enroll in that program.
(f) Great Basin College not more than $500,000 for the costs to
establish a program that awards a micro -credential in behavior al
health promotion and prevention and award scholarships to students
who enroll in that program.
(g) The Partnership for Research, Assessment, Counseling,
Therapy and Innovative Clinical Education at the University of
Nevada, Las Vegas, not more than $1,200,000 for the costs to
establish an internship program for psychologists that:
(1) Is accredited by the American Psychological Association;
and
(2) Has an emphasis in child psychology; and

– 61 –

- 83rd Session (2025)
(h) The Nevada System of Higher Education not more than
$2,000,000 for the costs of scholarships for students enrolled in
programs for the education and training of providers of health care
who are authorized to supervise behavioral health and wellness
practitioners pursuant to section 18 of this act.
2. As used in this section:
(a) “Behavioral health and wellness practitioner” has the
meaning ascribed to it in section 10 of this act.
(b) “Behavioral health promotion and prevention” has the
meaning ascribed to it in section 11 of this act.
Sec. 81. 1. Notwithstanding the amendatory provisions of
this act, any person who is engaged in the practice of behavioral
health promotion and prevention on or before January 1, 2026, may
continue to engage in the practice of behavioral health promotion
and prevention without obtaining a license pursuant to section 15 of
this act until July 1, 2026.
2. As used in this section, “behavioral health promotion and
prevention” has the meaning ascribed to it in section 11 of this act.
Sec. 82. (Deleted by amendment.)
Sec. 83. 1. This section and section 82 of this act become
effective upon passage and approval.
2. Section 80 of this act becomes effective on July 1, 2025.
3. Sections 1 to 37, inclusive, 38 to 63, inclusive, 66, 74 to 77,
inclusive, and 81 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
4. Sections 64, 65, 67 to 73, inclusive, 78, 79 and 79.5 of this
act become effective on July 1, 2026.
5. Section 37.5 of this act becomes effective on January 1,
2029.
6. Section 14 of this act expires by limitation on Dece mber 31,
2028.

20 ~~~~~ 25