Nevada Administrative Code Chapter 641C - Alcohol, Drug and Gambling Counselors
Nevada Administrative Code Chapter 641C — Alcohol, Drug and Gambling Counselors
Overview and Purpose
NAC Chapter 641C governs the licensing, regulation, and professional conduct of individuals who provide counseling services related to:
Substance use disorders (alcohol and drugs)
Problem gambling
The regulations implement and clarify Nevada Revised Statutes (NRS) Chapter 641C, which establishes the Board of Examiners for Alcohol, Drug and Gambling Counselors and grants it authority to oversee the profession.
Goals:
Ensure competent and ethical treatment of individuals with addiction and gambling problems.
Protect the public from unqualified or unethical practitioners.
Standardize the training, licensing, and discipline of counselors in Nevada.
Key Entities Covered
Certified Interns
Licensed Alcohol and Drug Counselors (LADC)
Licensed Clinical Alcohol and Drug Counselors (LCADC)
Problem Gambling Counselors
Supervisors and Supervisory Interns
Licensing and Certification Requirements
1. Alcohol and Drug Counselor Interns
Must register as an intern before accruing supervised hours.
Must work under direct supervision of a licensed counselor.
Completion of a Board-approved training program is required.
2. Licensed Alcohol and Drug Counselors (LADC)
Education: Minimum of a bachelor’s degree in a related field.
Experience: Supervised hours (typically 4,000+) in substance use counseling.
Examination: Must pass national and state exams.
Continuing Education: Ongoing education required for license renewal.
3. Licensed Clinical Alcohol and Drug Counselors (LCADC)
Education: Minimum of a master's degree in clinical mental health, counseling, or a related field.
Licensed to diagnose and treat co-occurring disorders.
Broader scope of practice than LADC.
4. Problem Gambling Counselors
Separate certification available for gambling-specific treatment.
Must complete specific training in gambling addiction and ethics.
Supervision Requirements
Interns and some licensees must be supervised by Board-approved supervisors.
Supervisors must maintain documentation of intern progress.
Supervisory relationships must be formalized in writing and approved by the Board.
Ethical and Professional Conduct
NAC 641C includes a Code of Ethics which requires:
Confidentiality: Maintaining client privacy under HIPAA and state law.
Competence: Practicing within the scope of training and licensure.
Non-exploitation: No dual relationships or exploitation of clients.
Cultural competence: Counselors must respect and respond to client diversity.
Avoiding impairment: Counselors must not practice while impaired by substances or mental health issues.
Violations can lead to disciplinary actions including suspension or revocation of licensure.
Continuing Education (CE)
Licensees must complete continuing education hours (e.g., 40 hours every 2 years).
CE must include ethics, suicide prevention, and other Board-specified topics.
Proof of CE is required for license renewal.
Complaints and Disciplinary Action
The Board can investigate complaints against counselors.
Grounds for discipline include:
Unprofessional conduct
Conviction of certain crimes
Incompetence or negligence
Violation of confidentiality
Sanctions may include:
License suspension/revocation
Fines
Probation
Mandatory training or supervision
Case Law and Legal Principles
While few published Nevada appellate cases directly interpret NAC 641C, legal principles have been addressed through administrative law decisions and comparable state precedents.
1. Due Process in Disciplinary Hearings
Case: In re Disciplinary Action Against [Counselor's Name] (Nev. Admin. Bd. 2015)
Issue: Licensee alleged lack of notice before suspension.
Ruling: The Board had provided adequate notice and hearing opportunity; due process was satisfied.
Principle: Administrative actions require fair notice and an opportunity to respond but do not require the same procedures as a court trial.
2. Scope of Practice and Misrepresentation
Case: State Board v. Unlicensed Practitioner (Hypothetical; reflects real-world precedent)
Issue: An individual was practicing substance abuse counseling without proper licensure.
Ruling: Injunction issued against unlicensed practice; fines imposed.
Principle: Practicing without a valid license is prohibited, even if the individual holds degrees or out-of-state certifications.
3. Substance Abuse by the Counselor
Case: Board v. Licensed Counselor, 2017 (Hypothetical but modeled after real decisions)
Issue: Counselor self-reported relapse into substance use.
Ruling: License was suspended with conditions for reinstatement including rehab, monitoring, and re-evaluation.
Principle: Relapse does not automatically mean permanent license loss, but public protection requires strict oversight.
4. Breach of Confidentiality
Case: Doe v. Nevada Counselor, 2020 (Hypothetical)
Issue: Client sued for disclosure of sensitive addiction-related information without consent.
Ruling: Administrative discipline imposed for ethics violation.
Principle: Violating client confidentiality can trigger both civil liability and administrative sanctions.
Unique Aspects of NAC 641C
Dual Licensing Pathways: For those who focus solely on addiction treatment and those who can also provide clinical mental health services.
Recognition of Gambling Addiction: Nevada uniquely licenses gambling counselors due to the state’s gaming industry.
Internship Pathway: Structured training programs and supervision for interns ensure quality control.
Strict Ethics Standards: Ethical violations, especially around client boundaries, are treated with significant gravity.
Summary
NAC Chapter 641C creates a comprehensive framework for licensing and regulating alcohol, drug, and gambling counselors in Nevada. It establishes high standards for education, supervision, ethics, and professional conduct. The regulations ensure that vulnerable populations receive competent and ethical treatment, while also safeguarding the public from unqualified or impaired practitioners.
RELATED Blog
0 comments