SB68 - Revises provisions relating to behavioral health. (BDR 54-403)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3) S.B. 68 - *SB68* SENATE BILL NO. 68–COMMITTEE ON COMMERCE AND LABOR (ON BEHALF OF THE RURAL REGIONAL BEHAVIORAL HEALTH POLICY BOARD) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to behavioral health. (BDR 54-403) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to behavioral health; requiring licensing boards that regulate various professions relating to behavioral health to report certain information; ratifying and entering into the Social Work Licensure Compact; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Board of Psychological Examiners, the Board of 1 Examiners for Marriage and Family Therapists and Clinical Professional 2 Counselors, the Board of Examiners for Social Workers and the Board of 3 Examiners for Alcohol, Drug and Gambling Counselors to report annually certain 4 data and other information to the Joint Interim Standing Committee on Health and 5 Human Services and to the Chair of each regional behavioral health policy board. 6 (NRS 641.145, 641A.183, 641B.165, 641C.230) Sections 1, 2, 4 and 5 of this bill 7 require the reports to additionally include a narrative description of: (1) each 8 reporting board’s procedures for collecting the data which must be reported; (2) the 9 reasons for the denials of applications for the issuance or renewal of licenses, 10 registrations and certificates, as applicable; (3) the known reasons for any increase 11 or decrease in the number of applications for the issuance or renewal of a license, 12 registration or certificate, as applicable, categorized by type of license, registration 13 or certificate; and (4) if known, the location in this State in which each applicant for 14 licensure, registration or certification intends to practice. 15 Existing law provides for the licensure and regulation of persons engaged in the 16 practice of social work by the Board of Examiners for Social Workers. (Chapter 17 641B of NRS) Section 3 of this bill ratifies the Social Work Licensure Compact, 18 which creates a multistate license with uniform licensing requirements for licensees 19 in all member states. 20 – 2 – - *SB68* The Compact requires that, in order to be eligible to join the Compact and 21 maintain eligibility as a member state, a state must: (1) license and regulate the 22 practice of social work; (2) require that applicants for licensure satisfy certain 23 educational requirements and pass an examination before being licensed; (3) 24 require applicants for certain licensure to complete a period of supervised practice; 25 (4) have a mechanism in place to receive, investigate and adjudicate complaints 26 against licensees; (5) designate a delegate to participate in the Commission; (6) 27 participate in the Commission’s data system; (7) notify the Commission of certain 28 actions taken against or the availability of certain investigative information 29 regarding licensees; (8) implement procedures for considering the criminal history 30 of applicants for a multistate license; (9) comply with the rules of the Commission; 31 (10) require an applicant for a multistate license to obtain or retain a license in the 32 state that is the licensee’s primary domicile; and (11) authorize a licensee holding a 33 multistate license in any member state to practice in accordance with the terms of 34 the Compact and rules of the Commission. To be eligible for a multistate license 35 pursuant to the Compact, an applicant must: (1) hold or be eligible for an active and 36 unrestricted license in the state where he or she is primarily domiciled; (2) pay any 37 applicable fees; (3) submit fingerprints or other biometric data for the purpose of 38 obtaining records concerning his or her criminal history; (4) notify his or her state 39 of primary residence of any adverse action, encumbrance or restriction relating to 40 his or her license; (5) meet certain continuing competency requirements; (6) abide 41 by the laws, regulations and applicable standards for licensure in the state where the 42 applicant performs social work; and (7) fulfill certain additional requirements 43 specific to the category of multistate license for which he or she applies. 44 The Compact: (1) establishes the Social Work Licensure Compact Commission 45 as a joint governmental agency whose membership consists of all member states; 46 and (2) provides for the Commission’s rules and governance. The Compact also 47 establishes a data system, provided for by the Commission, and requires member 48 states to submit uniform data to the data system on all individuals to whom the 49 Compact is applicable. 50 The Compact provides additional provisions to carry out the Compact, 51 including providing procedures for the taking of adverse actions against licensees, 52 provisions for active military members or their spouses, provisions for rulemaking 53 by the Commission, provisions for oversight, dispute resolution and enforcement 54 and procedures for amendments and withdrawals. The Compact takes effect on the 55 date on which the Compact is enacted into law by the seventh member state. 56 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 641.145 is hereby amended to read as follows: 1 641.145 1. On or before February 1 of each year, the Board 2 shall submit to the Joint Interim Standing Committee on Health and 3 Human Services and to the Chair of each regional behavioral health 4 policy board created by NRS 433.429 a report which must include: 5 (a) The number of complaints received, investigations 6 completed, cases dismissed, cases settled and cases for which 7 hearings were held within the immediately preceding calendar year; 8 (b) The number of applications for the issuance or renewal of a 9 license or registration received by the Board during the immediately 10 preceding calendar year and the number of those applications for 11 – 3 – - *SB68* which the Board conducted additional review beyond the standard 1 review regularly conducted by the Board; [and] 2 (c) The number of applications for the issuance of a license by 3 endorsement received by the Board pursuant to NRS 641.196 during 4 the immediately preceding calendar year, the number of those 5 applications that were denied and the reasons for denial [.] ; and 6 (d) A narrative description of: 7 (1) The processes which the Board uses to collect the data 8 for the information reported in paragraphs (a), (b) and (c); 9 (2) The reasons for the denials of applications for the 10 issuance or renewal of licenses and registrations during the 11 immediately preceding calendar year; 12 (3) The known reasons for any increase or decrease in the 13 number of applications for the issuance or renewal of a license or 14 registration, categorized by type of license or registration, during 15 the immediately preceding calendar year; and 16 (4) If known, the location in this State in which each 17 applicant for licensure or registration during the immediately 18 preceding calendar year intends to practice. 19 2. The report submitted pursuant to this section to the Chair of 20 each regional behavioral health policy board created by NRS 21 433.429 may be submitted in a written format. 22 Sec. 2. NRS 641A.183 is hereby amended to read as follows: 23 641A.183 1. On or before February 1 of each year, the Board 24 shall submit to the Joint Interim Standing Committee on Health and 25 Human Services and to the Chair of each regional behavioral health 26 policy board created by NRS 433.429 a report which must include: 27 (a) The number of complaints received, investigations 28 completed, cases dismissed, cases settled and cases for which 29 hearings were held within the immediately preceding calendar year; 30 (b) The number of applications for the issuance or renewal of a 31 license received by the Board during the immediately preceding 32 calendar year and the number of those applications for which the 33 Board conducted additional review beyond the standard review 34 regularly conducted by the Board; [and] 35 (c) The number of applications for the issuance of a license by 36 endorsement received by the Board pursuant to NRS 641A.242 37 during the immediately preceding calendar year, the number of 38 those applications that were denied and the reasons for denial [.] ; 39 and 40 (d) A narrative description of: 41 (1) The processes which the Board uses to collect the data 42 for the information reported in paragraphs (a), (b) and (c); 43 – 4 – - *SB68* (2) The reasons for the denials of applications for the 1 issuance or renewal of licenses during the immediately preceding 2 calendar year; 3 (3) The known reasons for any increase or decrease in the 4 number of applications for the issuance or renewal of a license, 5 categorized by type of license, during the immediately preceding 6 calendar year; and 7 (4) If known, the location in this State in which each 8 applicant for licensure during the immediately preceding calendar 9 year intends to practice. 10 2. The report submitted pursuant to this section to the Chair of 11 each regional behavioral health policy board created by NRS 12 433.429 may be submitted in a written format. 13 Sec. 3. Chapter 641B of NRS is hereby amended by adding 14 thereto a new section to read as follows: 15 The Social Work Licensure Compact is hereby ratified and 16 entered into, with all other jurisdictions legally joining the 17 Compact in substantially the form set forth in this section: 18 19 SOCIAL WORK LICENSURE COMPACT 20 21 SECTION 1: PURPOSE 22 23 The purpose of this Compact is to facilitate interstate practice 24 of Regulated Social Workers by improving public access to 25 competent Social Work Services. The Compact preserves the 26 regulatory authority of States to protect public health and safety 27 through the current system of State licensure. 28 This Compact is designed to achieve the following objectives: 29 A. Increase public access to Social Work Services; 30 B. Reduce overly burdensome and duplicative requirements 31 associated with holding multiple licenses; 32 C. Enhance the Member States’ ability to protect the public’s 33 health and safety; 34 D. Encourage the cooperation of Member States in 35 regulating multistate practice; 36 E. Promote mobility and address workforce shortages by 37 eliminating the necessity for licenses in multiple States by 38 providing for the mutual recognition of other Member State 39 licenses; 40 F. Support military families; 41 G. Facilitate the exchange of licensure and disciplinary 42 information among Member States; 43 H. Authorize all Member States to hold a Regulated Social 44 Worker accountable for abiding by a Member State’s laws, 45 – 5 – - *SB68* regulations and applicable professional standards in the Member 1 State in which the client is located at the time care is rendered; 2 and 3 I. Allow for the use of telehealth to facilitate increased access 4 to regulated Social Work Services. 5 6 SECTION 2: DEFINITIONS 7 8 As used in this Compact, and except as otherwise provided, the 9 following definitions shall apply: 10 A. “Active Military Member” means any individual with full- 11 time duty status in the active armed forces of the United States, 12 including members of the National Guard and Reserve. 13 B. “Adverse Action” means any administrative, civil, 14 equitable or criminal action permitted by a State’s laws which is 15 imposed by a Licensing Authority or other authority against a 16 Regulated Social Worker, including actions against an 17 individual’s license or Multistate Authorization to practice, such 18 as revocation, suspension, probation, monitoring of the Licensee, 19 limitation on the Licensee’s practice, or any other Encumbrance 20 on licensure affecting a Regulated Social Worker’s authorization 21 to practice, including issuance of a cease and desist action. 22 C. “Alternative Program” means a non-disciplinary 23 monitoring or practice remediation process approved by a 24 Licensing Authority to address practitioners with an impairment. 25 D. “Charter Member States” - Member States who have 26 enacted legislation to adopt this Compact where such legislation 27 predates the effective date of this Compact as described in 28 Section 14. 29 E. “Compact Commission” or “Commission” means the 30 government agency whose membership consists of all States that 31 have enacted this Compact, which is known as the Social Work 32 Licensure Compact Commission, as described in Section 10, and 33 which shall operate as an instrumentality of the Member States. 34 F. “Current Significant Investigative Information” means: 35 1. Investigative information that a Licensing Authority, 36 after a preliminary inquiry that includes notification and an 37 opportunity for the Regulated Social Worker to respond, has 38 reason to believe is not groundless and, if proved true, would 39 indicate more than a minor infraction as may be defined by the 40 Commission; or 41 2. Investigative information that indicates that the 42 Regulated Social Worker represents an immediate threat to public 43 health and safety, as may be defined by the Commission, 44 – 6 – - *SB68* regardless of whether the Regulated Social Worker has been 1 notified and has had an opportunity to respond. 2 G. “Data System” means a repository of information about 3 Licensees, including, continuing education, examination, 4 licensure, Current Significant Investigative Information, 5 Disqualifying Event, Multistate License(s) and Adverse Action 6 information or other information as required by the Commission. 7 H. “Disqualifying Event” means any Adverse Action or 8 incident which results in an Encumbrance that disqualifies or 9 makes the Licensee ineligible to either obtain, retain or renew a 10 Multistate License. 11 I. “Domicile” means the jurisdiction in which the Licensee 12 resides and intends to remain indefinitely. 13 J. “Encumbrance” means a revocation [Text truncated for display. 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