Current through December 31, 2024
1. A person may be employed, or retained as
an independent contractor, in the position of a supervisor of treatment at a
program if he or she:
(a) Possesses a
master's or doctorate degree in a field of clinical human services from an
accredited college or university;
(b) Except as otherwise provided in
subsection 3, is licensed in good standing in this State:
(1) As a psychologist pursuant to chapter 641
of NRS;
(2) As a marriage and
family therapist pursuant to chapter 641A of NRS;
(3) As a clinical professional counselor
pursuant to chapter 641A of NRS;
(4) As a clinical social worker pursuant to
chapter 641B of NRS; or
(5) To
practice medicine pursuant to chapter 630 or 633 of NRS and practices
psychiatry;
(c) Except as
otherwise provided in subsection 2, has:
(1)
At least 2 years of experience in a supervisory capacity in the provision of
services to victims of domestic violence or in the treatment of persons who
commit domestic violence; or
(2) At
least 5 years of experience in the direct provision of services to victims of
domestic violence or treatment of persons who commit domestic
violence;
(d) Has
satisfactorily completed at least 60 hours of formal training in domestic
violence which includes at least 30 hours of training in the provision of
services to victims of domestic violence and at least 30 hours of training in
the provision of treatment to persons who commit domestic violence;
(e) Has satisfactorily completed at least 15
hours of the training in domestic violence required by paragraph (d) during the
2 years immediately preceding the date on which the person is employed, or
retained as an independent contractor, in the position of a supervisor of
treatment at the program;
(f)
Except for any conviction which is the subject of a pending appeal or with
respect to which the time for filing a notice of appeal has not yet expired,
attests, in the form prescribed by the Division, that he or she has never been
convicted of a crime which demonstrates the person's unfitness to act as a
supervisor of treatment;
(g) Is
free of violence in his or her life;
(h) Is not currently a person with an
addictive disorder related to prescription drugs or alcohol or a user of
illegal drugs; and
(i) Except as
otherwise provided in subsections 3 and 9, is approved by the Division to work
as a supervisor of treatment pursuant to section 2 of this
regulation;
2. The
provisions of paragraph (c) of subsection 1 do not apply to a person who is
employed, or retained as an independent contractor, in the position of a
supervisor of treatment at a program on August 1, 2000.
3. A person who does not comply with the
requirements of paragraph (b) of subsection 1 may be employed, or retained as
an independent contractor, in the position of a supervisor of treatment at a
program if:
(a) The person submits a written
request for approval to work as a supervisor of treatment to the Division that
includes, without limitation:
(1) A statement
concerning his or her work history, education and experience; and
(2) Except as otherwise provided in
subsection 9, the application required for approval to work as a supervisor of
treatment described in section 2 of this regulation;
(b) Upon the request of the Division, the
person participates in an interview with the Division in person or by
telephone, videoconference or other electronic means; and
(c) The Division approves the request for
approval to work as a supervisor of treatment.
4. Within 120 days after the Division
receives a request for approval to work as a supervisor of treatment pursuant
to subsection 3, the Division will provide written notice of its approval or
denial of the request to the person who submitted the request. If the Division
denies the request, the notice will include the reasons for the denial of the
request.
5. Unless a person who is
employed, or retained as an independent contractor, in the position of a
supervisor of treatment at a program pursuant to subsection 3 fails to renew
his or her approval to work as a supervisor of treatment in a timely manner
pursuant to section 3 of this regulation, the person is approved to work as a
supervisor of treatment until the person is no longer employed, or retained as
an independent contractor, by an organization that operates a program if he or
she meets the annual continuing education requirements set forth in NAC
228.210.
6. A person may be employed, or retained as
an independent contractor, in the position of a provider of treatment at a
program if the person:
(a) Except as
otherwise provided in subsection 7, possesses a bachelor's degree or more
advanced degree;
(b) Is supervised
by a supervisor of treatment who is qualified pursuant to subsection 1, 2 or 3
and that supervision includes, without limitation, meeting with the supervisor
of treatment in person at least once each month and having the supervisor of
treatment submit annual reports of satisfactory performance to the
Division;
(c) Has satisfactorily
completed at least 60 hours of formal training in domestic violence that
includes, without limitation, at least 30 hours of training in the provision of
services to victims of domestic violence and at least 30 hours of training in
the provision of treatment to persons who commit domestic violence;
(d) Has satisfactorily completed at least 15
hours of the training in domestic violence required by paragraph (c) during the
2 years immediately preceding the date on which the person is employed, or
retained as an independent contractor, in the position of a provider of
treatment at the program;
(e)
Except for any conviction which is the subject of a pending appeal or with
respect to which the time for filing a notice of appeal has not yet expired,
attests, in the form prescribed by the Division, that he or she has never been
convicted of a crime which demonstrates the person's unfitness to act as a
provider of treatment;
(f) Is free
of violence in his or her life;
(g)
Is not currently a person with an addictive disorder related to prescription
drugs or alcohol or a user of illegal drugs; and
(h) Except as otherwise provided in
subsections 7 and 9, is approved to work as a provider of treatment pursuant to
section 2 of this regulation.
7. The Division may approve a person to be
employed, or retained as an independent contractor, in the position of a
provider of treatment at a program although the person does not meet the
requirements of paragraph (a) of subsection 6, and a program may employ, or
retain as an independent contractor, the person approved by the Division, if
the program is located in a county whose population is less than 50,000 and the
person proves, to the satisfaction of the Division, that:
(a) There is not another program located
within a 50-mile radius of the program, or within the city or county in which
the program is located;
(b) The
person possesses the necessary skills and training to perform his or her
job;
(c) Except as otherwise
provided in subsection 9, the person has submitted to the Division the
application required to be approved to work as a provider of treatment
described in section 2 of this regulation; and
(d) The person has satisfied all other
requirements of this section.
8. A person who is employed, or retained as
an independent contractor, in the position of a provider of treatment at a
program pursuant to subsection 7 is approved to work as a provider of treatment
for a period which ends on:
(a) The expiration
date of the approval to work as a provider of treatment, if the provider of
treatment fails to renew the approval in a timely manner pursuant to section 3
of this regulation; or
(b) The date
on which the program ceases to operate, whichever occurs first.
9. The provisions of paragraph (i)
of subsection 1, subparagraph (2) of paragraph (a) of subsection 3, paragraph
(h) of subsection 6 and paragraph (c) of subsection 7 do not apply to a person
who is employed, or retained as an independent contractor, in the position of a
supervisor of treatment or provider of treatment on the effective date of this
regulation.
10. The director of a
program or his or her designee shall:
(a) Upon
hiring, or retaining as an independent contractor, a person in the position of
a supervisor of treatment or a provider of treatment, attest in writing that
the person meets the requirements of this section as a supervisor of treatment
or a provider of treatment, as applicable; and
(b) Maintain a copy of the written
attestation described in paragraph (a) for the duration of the person's
employment or service as an independent contractor and provide it to the
Division upon request and as required by NAC
228.130.
11. As used in this section, "free of
violence in his or her life" means that a person:
(a) Does not engage in acts of physical
violence;
(b) Does not verbally
abuse, threaten, coerce or intimidate other persons on a regular
basis;
(c) Does not deny personal
responsibility for the person's actions or blame other persons for his or her
mistakes on a regular basis; and
(d) Lives his or her life in a manner that is
capable of serving as a model of nonviolent behavior.
Added to NAC by Com.
on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08,
8-26-2008; R105-10, 12-16-2010; R048-13, 2-26-2014; A by
R159-17AP,
eff. 8/30/2018; A by
R071-20A,
eff. 7/28/2021
NRS
439.258