Nev. Admin. Code § 439.Sec. 31

Current through November 8, 2024
Section 439.Sec. 31 - NEW
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 A program facilitator whose approval to serve as a program facilitator has been revoked or suspended pursuant to this section or whose application to renew approval has been denied shall not work for a program pending the result of an appeal filed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.

Nev. Admin. Code § 439.Sec. 31

Added to NAC by Bd. of Health by R037-22A, eff. 12/29/2022

NRS 4.373, 5.055, 439.200