1. The Division may deny, refuse to renew,
revoke or suspend approval to serve as a program facilitator, place a program
facilitator on probation with specified conditions for a specified period or
issue a written warning upon determining that a program facilitator:
(a) Has engaged in fraud or deceit in
procuring or attempting to procure approval to serve as a program
facilitator;
(b) Has been convicted
of any offense which, in the determination of the Division, demonstrates
unfitness to serve as a program facilitator or otherwise relates to the
qualifications, functions or duties of the program facilitator;
(c) Uses alcohol, a controlled substance or a
dangerous drug, as defined in chapter 454 of NRS, to an extent or in a manner
that may be dangerous or injurious to any other person or may impair the
ability of the program facilitator to serve in that capacity;
(d) Has engaged in unprofessional conduct,
which includes, without limitation:
(1)
Allowing a different person to use the approval to serve as a program
facilitator or using the approval of another person to serve as a program
facilitator; or
(2) Physical,
verbal or psychological abuse of any participant in a program;
(e) Has willfully or repeatedly
violated any provision of sections 2 to 40, inclusive;
(f) Has aided or abetted any person to
violate any provision of sections 2 to 40, inclusive;
(g) Has been disciplined in another state in
connection with serving as a program facilitator or has committed an act in
another state which would constitute grounds for disciplinary action pursuant
to this section;
(h) Has engaged in
conduct that is likely to deceive, defraud or endanger a participant in a
program or the general public;
(i)
Has engaged in an unethical practice in the treatment of persons who solicit
prostitution, including, without limitation, any practice prohibited by
subsection 4 of section 26; or
(j)
Has failed to comply with the requirements of subsection 5 of section
27.
2. For the purposes
of this section, a plea or verdict of guilty or guilty but mentally ill or a
plea of nolo contendere shall be deemed a conviction of an offense. The
Division may take disciplinary action pending the appeal of a
conviction.
3. A program
facilitator whose approval to serve as a program facilitator has been revoked
or suspended pursuant to this section or whose application to renew approval
has been denied shall not work for a program pending the result of an appeal
filed pursuant to section 34.
Added
to NAC by Bd. of Health by
R037-22A,
eff. 12/29/2022
