The Nevada Board of Psychological Examiners (NBPE) is the state agency regulating psychologists’ licensing and discipline. The NBPE requires psychologists to meet certain educational, training, and exam requirements and can investigate and discipline licensees for violations of law or ethics.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is the Nevada Board of Psychological Examiners?
- 2. Can I be a psychologist if I have a criminal record?
- 3. What are the grounds for discipline against psychologists in Nevada?
- 4. What is the procedure if someone makes a complaint about me to the NBPE?
- 5. How can the NBPE discipline me?
- 6. Is practicing psychology without a license a Nevada crime?
1. What is the Nevada Board of Psychological Examiners?
The Nevada Board of Psychological Examiners (“NBPE”) is the state association tasked with:
- licensing psychologists;
- investigating complaints against psychologists; and
- disciplining psychologists.
The NBPE is comprised of seven Nevada Governor appointees:
- 4 psychologists licensed in Nevada;
- 1 psychologist licensed in Nevada who is also a core faculty member at a doctorate-level program;
- 1 person who represents the interests of persons or agencies that regularly provide health care to indigent patients; and
- 1 member of the general public
A quorum (at least four) of the NBPE meets several times each year. They post the meeting minutes online.1
2. Can I be a psychologist if I have a criminal record?
Having a criminal record does not automatically bar you from getting licensed as a psychologist in Nevada. However, the NBPE can deny you a license for lacking a “good moral character” – which a past criminal record can indicate.2
2.1. What if my criminal record was sealed?
Even if you had your criminal record sealed, it still may be in your best interest to reveal it to the NBPE on your application. If they ask if you have a criminal record – and you deny it – the NBPE may discipline you if they ever find out that you lied.
It is recommended that you consult with a labor law attorney before you submit your application.
3. What are the grounds for discipline against psychologists in Nevada?
The NBPE can discipline psychologists for either of the following 15 things:
- having a felony conviction related to the practice of psychology;
- having a conviction for any crime that reflects an inability to practice psychology;
- having a conviction for submitting a false claim to a patient’s insurer;
- having a conviction for abuse or fraud in connection with any state or federal program that provides medical assistance;
- having a conviction for violating NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
- engaging in gross malpractice, repeated malpractice, or gross negligence;
- aiding or abetting an unlicensed psychologist;
- lying to the NBPE;
- violating a NBPE rule;
- violating (or attempting to violate) any part of NRS 641;
- engaging in sexual activity with a patient;
- practicing psychology while impaired by drugs, alcohol, or a mental or physical illness, disorder, or disease;
- failing to tell the NBPE within 30 days of being disciplined by another jurisdiction’s psychology board;
- operating a medical facility while a) its license was suspended or revoked or b) an act or omission occurred which resulted in its license being suspended or revoked; and/or
- getting a license suspension or revocation by another jurisdiction’s psychology board for one of the above grounds.3
4. What is the procedure if someone makes a complaint about me to the NBPE?
If someone submits a complaint about you to the NBPE, it will first determine whether it is frivolous or not. If not, it will then notify you and conduct an investigation that may involve:
- interviewing witnesses and/or
- subpoenaing medical records.
Ultimately the NBPE investigator will write a report outlining their findings and recommendations. If discipline is recommended, you are entitled to a hearing where an attorney may represent you.4
5. How can the NBPE discipline me?
If the NBPE finds by a preponderance of the evidence that you are guilty in a disciplinary proceeding, you may face one or more of the following:
- a public reprimand;
- limitations to your practice;
- probation with conditions;
- a license suspension for up to one year;
- revocation of your license;
- a fine of up to $5,000;
- payment for restitution and/or remediation; or
- counseling or treatment.5
6. Is practicing psychology without a license a Nevada crime?
Yes. Practicing as a psychologist without a current and valid license from the NBPE is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines.6
Learn about Nevada licensing laws re.
- accountants
- attorneys
- contractors
- dentists
- doctors
- real estate brokers
- social workers
- teachers
- veterinarians
- nurses
- cannabis workers