Current through December 31, 2024
1. An organization
that operates a program shall ensure that:
(a)
Treatment is provided to each offender in the form and at the frequency
prescribed in the written plan of treatment developed for the offender pursuant
to NAC 228.170.
(b) Any treatment that is provided to an
offender by the program in a group counseling session:
(1) Is conducted by:
(I) Two providers of treatment;
(II) A provider of treatment and a supervisor
of treatment who is acting as a provider of treatment; or
(III) One provider of treatment only if an
emergency exists which prevents a group counseling session from being conducted
pursuant to sub-subparagraph (I) or (II) and not more than four group
counseling sessions in a period of 26 weeks, or eight group counseling sessions
in a period of 52 weeks, are conducted by one provider of treatment only;
and
(2) Is conducted for
the gender of the offenders in the group counseling session.
(c) If a supervisor of treatment
determines that an offender for whom group counseling is prescribed in the
written plan of treatment developed for the offender pursuant to NAC
228.170 cannot be treated in a
group counseling session because the offender has a physical or mental
limitation that is not related to the abuse of drugs or alcohol, the offender
is referred to an appropriate provider of health care or other
services.
(d) A supervisor of
treatment who is making a determination pursuant to paragraph (c) has provided
reasonable accommodation to the known physical or mental limitations of an
offender with a disability who is otherwise eligible to obtain treatment in a
group counseling session, unless the supervisor of treatment can demonstrate
that such accommodation would result in a fundamental alteration of the program
or an undue financial or administrative burden.
(e) If an offender does not receive treatment
by the program because of a determination made pursuant to paragraph (c), the
supervisor of treatment notifies the court that sentenced the offender of that
fact and advises the offender to do the same.
(f) A separate group counseling session is
provided for an offender for whom group counseling is prescribed in the written
plan of treatment developed for the offender pursuant to NAC
228.170 who is under the age of
18 years and for whom an adult session is not suitable.
2. A program shall maintain an attendance
record for and an explanation for the group size of each group counseling
session conducted within the current calendar year and each of the immediately
preceding 2 calendar years.
3.
Except as otherwise provided in subsection 4, a program shall maintain an
annual average of 15 offenders or less in group counseling sessions.
4. The Division may waive the requirements
set forth in this section if the Division determines that it would be
impracticable or impossible for an organization that operates a program to
comply with those requirements.
5.
As used in this section, "provider of health care or other services" includes:
(a) A physician or a physician assistant who
is licensed pursuant to chapter 630 or 633 of NRS;
(b) A psychologist who is licensed pursuant
to chapter 641 of NRS;
(c) A
marriage and family therapist who is licensed pursuant to chapter 641A of
NRS;
(d) A clinical professional
counselor who is licensed pursuant to chapter 641A of NRS; and
(e) A clinical social worker who is licensed
pursuant to chapter 641B of NRS.
Added to NAC by Com.
on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008;
R105-10, 12-16-2010; A by
R159-17AP,
eff. 8/30/2018
NRS
439.258
