Nevada Administrative Code Chapter 228 - Domestic Violence
Here’s an enhanced overview of Nevada Administrative Code (NAC) Chapter 228 – Domestic Violence, which implements NRS chapters related to domestic-violence treatment and regulatory procedures:
🛡️ 1. General Definitions & Scope (§ 228.010–.060)
Defines key terms used throughout the Chapter:
Domestic violence, program, provider of treatment, supervisor of treatment, indigent, distance media, etc. (ag.nv.gov)
🎓 2. Certification of Treatment Programs (§ 228.100–.106)
Controls how organizations get certified to operate offender-treatment programs:
Application (§ 228.100): Requires curriculum, supervisor, provider qualifications, compliance with NAC 228.010–.225 (ag.nv.gov).
Provisional certification (§ 228.102): Granted initially; renewable twice (ag.nv.gov).
Out-of-state programs (§ 228.104): Can be certified based on state agency recognition or court approval (ag.nv.gov).
Indigent offenders (§ 228.106): 5% must be indigent; fees set on a sliding scale; can't exclude those unable to pay (ag.nv.gov).
👩⚕️ 3. Provider & Supervisor Qualifications (§ 228.110–.115)
Specifies who may provide or supervise treatment:
Qualifications (§ 228.110): Master’s/Doctorate in clinical human services + Nevada licensure + supervisory experience/training (ag.nv.gov).
Duties (§ 228.115): Monthly individual meetings, record review, group observation, annual performance reports; in-person oversight in urban areas; distance options for rural locations (ag.nv.gov).
🔒 4. Treatment Requirements & Recordkeeping (§ 228.150–.197)
Ensures effective and secure operations:
Confidentiality (§ 228.160): Written consent required, limited use of records, separate victim record storage .
Group counseling (§ 228.165): Procedures for delivery and consent (ag.nv.gov).
Written treatment agreements (§ 228.175): Must include offender pledges (e.g., no shelter visits, no abusive language), session count, termination conditions (ag.nv.gov).
Victim protections (§ 228.180): No victim-blaming; staff must assist victims in safety planning; maintain separate victim records .
Curriculum requirements (§ 228.185): Must cover cycles of violence, accountability, equality, economic issues, relapse prevention (ag.nv.gov).
Prohibited methods (§ 228.190): Rejects disease/addiction frameworks; prohibits joint counseling until treatment complete and safety assured (ag.nv.gov).
Completion certificates (§ 228.195): Requires notification to probation, prosecutor, child welfare, and documentation; addresses repeat violence risk (ag.nv.gov).
Record retention (§ 228.197): Must retain offender records for seven years post-treatment (ag.nv.gov).
📚 5. Continuing Education & Training (§ 228.210–.225)
Mandates ongoing education for staff:
15 CE hours/year (§ 228.210): Some via distance learning allowed (limitations differ in urban vs. rural settings); at least 1 hour specific to supervision for supervisors; records retained 2 years (ag.nv.gov).
Course approval (§ 228.215–.220): Providers/supervisors or course instructors must apply for course credit; proprietary materials are protected .
Evaluation of courses (§ 228.225): Committee approves based on instructor qualifications and curriculum, communicates decisions and allows reconsideration .
🔍 6. Oversight, Fees & Audits (New Sections)
Fees (§ 228.Sec.1): Initial certification $598; renewal $299; out-of-state $150; additional location $245; etc. (regulations.justia.com).
Audits (§ 228.Sec.4.1): Division may audit CE compliance; non-compliance leads to revocation and reapplication requirement (law.cornell.edu).
Supervisor/provider applications (§ 228.Sec.2.1): Standardized info (name, SSN, contact, reporting acknowledgements, proof of qualifications, etc.) for those seeking approval .
⚖️ 7. Practice & Procedures Before the Committee (§ 228.300–.640)
Procedure for regulatory hearings and rule-making:
Governs hearings, motions, pleadings, service, representation, evidence, stipulations, consolidation, official notice, decisions, rehearings, judicial review, and petitions for rulemaking or declaratory orders .
Note: Some early hearing-related sections (e.g., § 228.570) have been repealed/replaced in updates (regulations.justia.com).
✅ Summary
NAC Chapter 228:
Defines roles, confidential practices, and training standards for domestic-violence treatment programs.
Outlines program certification, CE, audits, fees, curriculum, offender-agreements, and victim safety.
Establishes regulatory hearing procedures and compliance oversight.
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