notice of intent to act upon a regulation lcb file no. … · 2016. 10. 14. · jean nidetch...

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STATE OF NEVADA COMMITTEE ON DOMESTIC VIOLENCE (BATTERER’S TREATMENT CERTIFICATION COMMITTEE)

NOTICE OF INTENT TO ACT UPON A REGULATION

LCB File No. R116-16

Thursday, November 17, 2016, at 10:00 a.m.

This document serves as notice of a public hearing regarding amendment to the regulations located in Chapter 228 of the Nevada Administrative Code Related to Qualifications of Supervisors and Providers of Treatment to Domestic Violence Batterers. The Committee on Domestic Violence Batterers’ Treatment will hold a public hearing at 10:00 a.m. Thursday, November 17, 2016, at 10:00 a.m., at the following locations:

Office of the Nevada Attorney General 100 North Carson Street, Mock Courtroom

Carson City, Nevada 89701

Office of the Attorney General Grant Sawyer Building, 555 E. Washington Street, Room 4500

Las Vegas, Nevada 89101

Public Access via Tele-Conference: 1-877-411-9748

Access Code: 9890482 The purpose of the hearing is to receive comments from all interested persons regarding the Amendment of regulations that pertain to Chapter 228.110 of the Nevada Administrative Code. The following information is provided pursuant to the requirements of NRS 233B.0603:

1. The need for and the purpose of the proposed regulation or amendment.

The proposed amendment to NAC 228.110 revises the training requirements for supervisors and providers of domestic violence batterer’s treatment.

2. Either the terms or the substance of the regulations to be adopted, amended or repealed, or a description of the subjects and issues involved.

The current status of NAC 228.110 includes training requirements which are not available and thereby stymies applicants form obtaining certification as a provider.

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3. The estimated economic effect of the regulation on the business which it is to regulate and on the public.

(a) Both adverse and beneficial effects; and o The Committee does not foresee or expect any adverse or beneficial

economic impacts upon the small business which it regulates. (b) Both immediate and long-term effects.

o The Committee does not foresee or expect any immediate or indirect economic benefits to the small businesses which it regulates.

4. The estimated cost to the agency for enforcement of the proposed regulation.

The Committee does not foresee any additional costs to enforce the proposed amendment to the regulation because the regulation is already in effect.

5. A description of and citation to any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the proposed regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

Does not apply. 6. If the regulation is required pursuant to federal law, a citation and description of the federal law.

Does not apply.

7. If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.

Does not apply. 8. Whether the proposed regulation establishes a new fee or increases an existing fee.

The proposed amendment to NAC 228.110 does not provide for a new or increased fee.

A concerted effort was made to determine the impact of the regulatory amendment on small businesses. The Committee staff determined that this regulatory amendment will not have an effect on small businesses. The LCB approved draft amendment to NAC 228.110 can be found on the Nevada Committee for Domestic Violence Batterers’ Treatment website http://ag.nv.gov/Hot_Topics/Government/CDV/ Persons wishing to comment upon the proposed action of the Nevada Committee on Domestic Violence may appear at the scheduled public hearing or may address their comments, data, views or arguments, in written form, to the address below:

Nevada Committee on Domestic Violence

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c/o Arlene Rivera Grant Sawyer Building

555 E. Washington St., Room 4500 Las Vegas, Nevada 89101

Written submissions must be received by the Committee on Domestic Violence on or before Thursday, November 10, 2016, at 5:00 p.m. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the Committee on Domestic Violence may proceed immediately to act upon any written submissions. A copy of this notice and the regulation to be amended will be on file at the State Library, 100 Stewart Street, Carson City, Nevada, for inspection by members of the public during business hours. Additional copies of the notice and the regulation to be amended will be available at:

Office of the Attorney General

100 N Carson Street



5420 Kietzke Lane, Ste 202

Reno, Nevada 89511


Grant Sawyer State Office Building

555 E. Washington Avenue


Jean Nidetch Women’s Center

University of Nevada, Las Vegas

4505 Maryland Parkway


Safe Nest

2915 W. Charleston Blvd., #12


Nevada Network

Against Domestic Violence

250 South Rock Boulevard, Suite116

Reno, Nevada 89502

And in all counties in which an office of the agency is not maintained, at the main public library, for inspection and copying by members of the public during business hours. This notice and the text of the proposed regulation are also available in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the Internet at http://www.leg.state.nv.us/. Copies of this notice and the proposed regulation will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary. NRS 233B.064(2) provides: Upon adoption of any regulation, the agency, if requested to do so by an interested person, either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption. This notice of hearing has been posted at the following locations:

Battle Mountain Branch Library 625 South Broad Street

Battle Mountain, NV 89820

Carson City Library 900 North Roop Street Carson City, NV 89701

Churchill County Library 553 South Maine Street

Fallon, NV 89406

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Douglas County Public Library 1625 Library Lane Minden, NV 89423

Elko County Library 720 Court Street Elko, NV 89801

Esmeralda County Library PO Box 430

Goldfield, NV 89013

Eureka County Library 720 Court Street

Eureka, NV 89316

Humboldt County Library 85 East 5th Street

Winnemucca, NV 89013

Lincoln County Library 63 Main Street

Pioche, NV 89043

Lyon County Library System 20 Nevin Way

Yerington, NV 89447

Mineral County Public Library 110 First Street

Hawthorne, NV 89415

Pershing County Library 1125 Central Avenue Lovelock, NV 89419

Tonopah Public Library 167 South Central Street

Tonopah, NV 89049

Storey County Public Library 95 South “R” Street

Virginia City, NV 89440

Washoe County Library System 301 South Center Street Reno, NV 89501-2102

White Pine County Library 950 Campton Street

Ely, NV 89301

Nevada State Library & Archives 100 North Stewart Street

Carson City, NV 89701-4285

Nevada State Legislature’s Website

Director - Legislative Counsel Bureau

www.leg.lstate.nv.us/APP/Notice/A/

Nevada State Legislature’s Website

Director - Legislative Counsel Bureau www.leg.lstate.nv.us/APP/Notice/A/

Nevada State Administrative Website

Public Notice Website https://notice.nv.gov

Nevada Committee on Domestic Violence Website

http://ag.nv.gov/Hot_Topics/Government/CDV/

--1-- LCB Draft of Proposed Regulation R116-16

PROPOSED REGULATION OF THE

COMMITTEE ON DOMESTIC VIOLENCE

LCB File No. R116-16

July 21, 2016

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted.

AUTHORITY: §1, NRS 228.470.

A REGULATION relating to domestic violence; revising training requirements for providers of treatment and supervisors of treatment at programs for the treatment of persons who commit domestic violence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest: Existing law requires the Committee on Domestic Violence to adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence. (NRS 228.470) Existing regulations prescribe the training requirements for providers of treatment and supervisors of treatment at programs for the treatment of persons who commit domestic violence. (NAC 228.110) This regulation revises such training requirements and removes the requirement that providers of treatment and supervisors of treatment complete in-service training.

Section 1. NAC 228.110 is hereby amended to read as follows:

228.110 1. Except as otherwise provided in subsection [3,] 4, a person may be employed,

or retained as an independent contractor, in the position of a supervisor of treatment at a program

if he or she:

(a) Possesses a master’s or doctorate degree in a field of clinical human services from an

accredited college or university;

(b) Except as otherwise provided in subsection [4,] 5, is licensed in good standing in this

State:

(1) As a psychologist pursuant to chapter 641 of NRS;


(2) As a marriage and family therapist pursuant to chapter 641A of NRS;

(3) As a clinical professional counselor pursuant to chapter 641A of NRS;

(4) As a clinical social worker pursuant to chapter 641B of NRS; or

(5) To practice medicine pursuant to chapter 630 of NRS and practices psychiatry;

(c) Has:

(1) At least 2 years of experience in a supervisory capacity in the provision of services to

victims of domestic violence or in the treatment of persons who commit domestic violence; or

(2) At least 5 years of experience in the direct provision of services to victims of domestic

violence or treatment of persons who commit domestic violence;

(d) [If the person is employed, or retained as an independent contractor, in the position of a

supervisor of treatment on or before January 1, 2015, has] Has satisfactorily completed at least

60 hours of formal training in domestic violence which includes at least 30 hours of training in

the provision of services to victims of domestic violence and at least 30 hours of training in the

provision of treatment to persons who commit domestic violence;

(e) [If the person is employed, or retained as an independent contractor, in the position of a

supervisor of treatment after January 1, 2015, has satisfactorily completed the following formal

training:

(1) Eight hours in the dynamics of power and control and batterer tactics;

(2) Eight hours in gender roles, socialization and the nature and function of violence;

(3) Eight hours in shelter movement, victim safety and sensitivity;

(4) Two hours in Nevada domestic violence laws;

(5) Four hours in substance abuse and domestic violence;

(6) Four hours in victims who use violent self-defense;


(7) Four hours in the effects of violence on children;

(8) Four hours in post-trauma stress;

(9) Four hours in cultural competency and diversity;

(10) Two hours in batterer intervention programs and coordinated community response;

(11) Four hours in group facilitation;

(12) Two hours in intake and assessment;

(13) Two hours in confidentiality;

(14) Two hours in ethics, including, without limitation, collusion; and

(15) Two hours in the provisions of chapter 228 of NAC;

(f) If the person is employed, or retained as an independent contractor, in the position of a

supervisor of treatment after January 1, 2015, has] Has satisfactorily completed at least 12 hours

of Committee approved training in clinical supervision;

[(g)] (f) Has satisfactorily completed at least 15 hours of [the] training in the following

domestic violence [required by paragraph (d) or (e)] topics during the 2 years immediately

preceding the date on which the person is employed, or retained as an independent contractor, in

the position of a supervisor of treatment at the program [;

(h) Has satisfactorily completed at least 60 hours of in-service training;

(i)] :

(1) The dynamics of power and control and batterer tactics;

(2) Gender roles, socialization and the nature and function of violence;

(3) Shelter movement, victim safety and sensitivity;

(4) Substance abuse and domestic violence;

(5) Victims who use violent self-defense;


(6) The effects of violence on children;

(7) Post-trauma stress;

(8) Cultural competency and diversity;

(9) Batterer intervention programs and coordinated community response;

(10) Group facilitation;

(11) Intake and assessment; and

(12) In accordance with the requirements set forth in subsection 2:

(I) Confidentiality;

(II) Ethics;

(III) Nevada domestic violence laws; and

(IV) The provisions of chapter 228 of NAC;

(g) Has never:

(1) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

(2) Been found guilty or guilty but mentally ill of; or

(3) Been convicted of,

a crime which demonstrates the person’s unfitness to act as a supervisor of treatment, and the

time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

[(j)] (h) Is free of violence in his or her life; and

[(k)] (i) Is not currently an abuser of prescription drugs or alcohol or a user of illegal drugs.

2. The 15 hours of training required pursuant to paragraph (f) of subsection 1 must

include:

(a) Two hours in confidentiality;

(b) Two hours in ethics;


(c) Three hours in Nevada domestic violence laws; and

(d) Three hours in the provisions of chapter 228 of NAC.

3. The Committee may review the qualifications of a person who may be employed, or

retained as an independent contractor, in the position of a supervisor of treatment at a program,

to determine whether the person satisfies the requirements of [subsection] subsections 1 [.

3.] and 2.

4. The provisions of [paragraphs] paragraph (c) [and (h)] of subsection 1 do not apply to a

person who is employed, or retained as an independent contractor, in the position of a supervisor

of treatment at a program on August 1, 2000.

[4.] 5. A person who does not comply with the requirements of paragraph (b) of subsection

1 may be employed, or retained as an independent contractor, in the position of a supervisor of

treatment at a program if:

(a) The person submits a written request to the Committee that includes, without limitation, a

statement concerning his or her work history, education and experience;

(b) The person participates in an interview with the Committee; and

(c) The Committee determines that the person is qualified to be employed, or retained as an

independent contractor, in the position of a supervisor of treatment at a program.

[5.] 6. Within 120 days after the Committee receives a request pursuant to subsection [4,] 5,

the Committee will provide written notice of its approval or denial of the request to the person

who submitted the request. If the Committee denies the request, the notice will include the

reasons for the denial of the request.

[6.] 7. A person who is employed, or retained as an independent contractor, in the position

of a supervisor of treatment at a program pursuant to subsection [4] 5 is qualified as a supervisor


of treatment until the person is no longer employed, or retained as an independent contractor, by

an organization that operates a program if he or she meets the annual continuing education

requirements set forth in NAC 228.210.

[7.] 8. Except as otherwise provided in subsection [9,] 11, a person may be employed, or

retained as an independent contractor, in the position of a provider of treatment at a program if

the person:

(a) Possesses a bachelor’s degree or more advanced degree;

(b) Is supervised by a supervisor of treatment who is qualified pursuant to subsections 1 and

2 or subsection [1, 3 or] 4 or 5 and that supervision includes, without limitation, meeting with

the supervisor of treatment in person at least once each month and having the supervisor of

treatment submit annual reports of satisfactory performance to the Committee;

(c) [If the person is employed, or retained as an independent contractor, in the position of a

provider of treatment on or before January 1, 2015, has] Has satisfactorily completed at least 60

hours of formal training in domestic violence that includes, without limitation, at least 30 hours

of training in the provision of services to victims of domestic violence and at least 30 hours of

training in the provision of treatment to persons who commit domestic violence;

(d) [If the person is employed, or retained as an independent contractor, in the position of a

provider of treatment after January 1, 2015, has satisfactorily completed the following formal

training:

(1) Eight hours in the dynamics of power and control and batterer tactics;

(2) Eight hours in gender roles, socialization and the nature and function of violence;

(3) Eight hours in shelter movement, victim safety and sensitivity;

(4) Two hours in Nevada domestic violence laws;


(5) Four hours in substance abuse and domestic violence;

(6) Four hours in victims who use violent self-defense;

(7) Four hours in the effects of violence on children;

(8) Four hours in post-trauma stress;

(9) Four hours in cultural competency and diversity;

(10) Two hours in batterer intervention programs and coordinated community response;

(11) Four hours in group facilitation;

(12) Two hours in intake and assessment;

(13) Two hours in confidentiality;

(14) Two hours in ethics, including, without limitation, collusion; and

(15) Two hours in the provisions of chapter 228 of NAC;

(e)] Has satisfactorily completed at least 15 hours of [the] training in the following domestic

violence [required by paragraph (c) or (d)] topics during the 2 years immediately preceding the

date on which the person is employed, or retained as an independent contractor, in the position of

a provider of treatment at the program [;

(f) Has satisfactorily completed at least 60 hours of in-service training;

(g)] :

(1) The dynamics of power and control and batterer tactics;

(2) Gender roles, socialization and the nature and function of violence;

(3) Shelter movement, victim safety and sensitivity;

(4) Substance abuse and domestic violence;

(5) Victims who use violent self-defense;

(6) The effects of violence on children;


(7) Post-trauma stress;

(8) Cultural competency and diversity;

(9) Batterer intervention programs and coordinated community response;

(10) Group facilitation;

(11) Intake and assessment; and

(12) In accordance with the requirements set forth in subsection 9:

(I) Confidentiality;

(II) Ethics;

(III) Nevada domestic violence laws; and

(IV) The provisions of chapter 228 of NAC;

(e) Has never:

(1) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

(2) Been found guilty or guilty but mentally ill of; or

(3) Been convicted of,

a crime which demonstrates the person’s unfitness to act as a provider of treatment, and the

time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

[(h)] (f) Is free of violence in his or her life; and

[(i)] (g) Is not currently an abuser of prescription drugs or alcohol or a user of illegal drugs.

[8.] 9. The 15 hours of training required pursuant to paragraph (d) of subsection 8 must

include:

(a) Two hours in confidentiality;

(b) Two hours in ethics;

(c) Three hours in Nevada domestic violence laws; and


(d) Three hours in the provisions of chapter 228 of NAC.

10. The Committee may review the qualifications of a person who may be employed, or

retained as an independent contractor, in the position of a provider of treatment at a program, to

determine whether the person satisfies the requirements of subsection [7.] 8.

[9.] 11. A person may be employed, or retained as an independent contractor, in the

position of a provider of treatment at a program although the person does not meet the

requirements of paragraph (a) of subsection [7,] 8, if the program is located in a county whose

population is less than 50,000 and the person proves, to the satisfaction of the Committee, that:

(a) There is not another program located within a 50-mile radius of the program, or within the

city or county in which the program is located;

(b) The person possesses the necessary skills and training to perform his or her job; and

(c) The person has satisfied all other requirements of this section.

[10.] 12. A person who is employed, or retained as an independent contractor, in the

position of a provider of treatment at a program pursuant to subsection [9] 11 is qualified as a

provider of treatment for a period which ends on the expiration date of the certificate issued for

the program pursuant to NAC 228.100.

[11. The in-service training required by this section may be completed by observing a group

counseling session via distance media if:

(a) The in-service training is completed in a county whose population is less than 50,000 and

which is located more than 50 miles from a program;

(b) The distance media has been approved by the Committee; and


(c) The person receiving the in-service training meets in person or via telephone with at least

one provider of treatment or supervisor of treatment who is familiar with the group counseling

session that was observed to discuss that group counseling session.

12.] 13. Not more than one-half of the [formal] training required by paragraphs (d) , [and]

(e) and (f) of subsection 1 and paragraphs (c) and (d) of subsection [7] 8 may be completed via

distance media.

[13.] 14. As used in this section [:

(a) “Free] , “free of violence in his or her life” means that a person:

[(1)] (a) Does not engage in acts of physical violence;

[(2)] (b) Does not verbally abuse, threaten, coerce or intimidate other persons on a regular

basis;

[(3)] (c) Does not deny personal responsibility for the person’s actions or blame other

persons for his or her mistakes on a regular basis; and

[(4)] (d) Lives his or her life in a manner that is capable of serving as a model of

nonviolent behavior.

[(b) “In-service training”:

(1) Means participation or observation of a group counseling session that:

(I) Is conducted for offenders in a program;

(II) Complies with the requirements of NAC 228.010 to 228.225, inclusive; and

(III) Includes a discussion reviewing the group counseling session that is conducted in

person with both providers of treatment or the provider of treatment and the supervisor of

treatment acting as a provider of treatment who conducted the group counseling session.


(2) Does not include the conducting of a group counseling session by a provider of

treatment or a supervisor of treatment acting as a provider of treatment.]

1 Notice of Public Workshop

February 4, 2016

STATE OF NEVADA COMMITTEE ON DOMESTIC VIOLENCE

(BATTERER’S TREATMENT CERTIFICATION COMMITTEE)

AGENDA FOR PUBLIC HEARING REGARDING ADOPTION OF REGULATORY AMENDMENTS TO NAC 228.110

Thursday, November 17, 2016, at 10:00 a.m.

Office of the Nevada Attorney General 100 North Carson Street, Mock Courtroom


Office of the Attorney General Grant Sawyer Building, 555 E. Washington Street, Room 4500


Public Access via Tele-Conference: 1-877-411-9748

Access Code: 9890482

The Domestic Violence Committee is pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the workshop. If special arrangements for the workshop are necessary, please notify Arlene Rivera, no later than 48 hours prior to the workshop. Requests for special arrangements made after this time cannot be guaranteed. If you cannot attend the workshop, written comments may be submitted to the Committee on Domestic

Violence. Written Comments must be received by the Committee no later than 5 PM, Thursday,

November 10, 2016. Written comments must be received by mail or by email to:

Arlene Rivera Domestic Violence Ombudsman

Grant Sawyer Building 555 E. Washington Street Telephone (702) 486-5714

Fax (702) 486-3768 [email protected]

AGENDA

1. Call to Order and Introductions

2. Public Comment

3. Presentation and LCB File No. R116-16, Revised Draft of Amendments to NAC 228.110

4. Question and Answer Period

5. Public Comment

mailto:[email protected]


February 4, 2016

6. Adjournment

Note: Items on the agenda may be taken in a different order than listed. Two or more agenda items may

be combined for consideration. An item may be removed from this agenda or discussion relating to an

item on this agenda may be delayed at any time.

Public comment is welcomed by the Committee, but at the discretion of the chair, may be limited to five

minutes per person.

This agenda has been sent to all members of the Committee and other interested persons who are on the

Committee’s mailing list. This Notice of Workshop to Solicit Comments on Regulation Amendments has

also been posted at the following locations:

Office of the Attorney General 100 N. Carson St.

Carson City, NV 89701

Office of the Attorney General 5420 Kietzke Lane, Ste 202

Reno, NV 89511

Office of the Attorney General Grant Sawyer State Office Building

555 E. Washington Ave. Las Vegas, NV 89101

Jean Nidetch Women’s Center University of Nevada, Las Vegas

4505 Maryland Parkway Las Vegas, NV 89154

Nevada Network Against Domestic Violence

250 South Rock Blvd. Suite 116

Reno, Nevada 89502

SafeNest 2915 W. Charleston Blvd., #12

Las Vegas, NV 89102

Battle Mountain Branch Library 625 South Broad Street

Battle Mountain, NV 89820

Carson City Library 900 North Roop Street Carson City, NV 89701

Churchill County Library 553 South Maine Street

Fallon, NV 89406

Douglas County Public Library 1625 Library Lane Minden, NV 89423

Elko County Library 720 Court Street Elko, NV 89801

Esmeralda County Library PO Box 430

Goldfield, NV 89013

Eureka County Library 720 Court Street

Eureka, NV 89316

Humboldt County Library 85 East 5th Street

Winnemucca, NV 89013

Lincoln County Library 63 Main Street

Pioche, NV 89043

Lyon County Library System 20 Nevin Way

Yerington, NV 89447

Mineral County Public Library 110 First Street

Hawthorne, NV 89415

Pershing County Library 1125 Central Avenue Lovelock, NV 89419

Tonopah Public Library 167 South Central Street

Tonopah, NV 89049

Storey County Public Library 95 South “R” Street

Virginia City, NV 89440

Washoe County Library System 301 South Center Street Reno, NV 89501-2102

White Pine County Library 950 Campton Street

Ely, NV 89301

Nevada State Library & Archives 100 North Stewart Street

Carson City, NV 89701-4285

Nevada State Legislature’s Website Director - Legislative Counsel Bureau www.leg.lstate.nv.us/APP/Notice/A/


February 4, 2016

Nevada State Administrative Website Public Notice Website https://notice.nv.gov

Nevada Committee on Domestic Violence Website

http://ag.nv.gov/Hot_Topics/Government/CDV/

notice of intent to act upon a regulation lcb file no. … · 2016. 10. 14. · jean nidetch...

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