Additional grounds for disciplinary action upon conviction of certain crimes; suspension of license or registration and notification of Division upon certain criminal charges; evidentiary standard for disciplinary action.

1. In addition to the grounds specified in NRS 641D.700 and NAC 641D.140 , the Board may take disciplinary action against a behavior analyst, assistant behavior analyst or registered behavior technician who: (a) Is convicted of: (1) Murder, voluntary manslaughter or mayhem; (2) Assault or battery with intent to kill or to commit sexual assault or mayhem; (3) Sexual assault, statutory sexual seduction, incest or lewdness, indecent exposure, prostitution, solicitation for prostitution or any other sexually related crime; (4) A crime involving domestic violence; (5) Abuse or neglect of a child or contributory delinquency; (6) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years; (7) Abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; (8) A violation of any provision of NRS 422.450 to 422.590 , inclusive; (9) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; (10) Any felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or (11) An attempt or conspiracy to commit any of the offenses listed in this paragraph. (b) Employs in a business related to applied behavior analysis any person who has been convicted of a crime listed in paragraph (a). (c) Has a substantiated report of child abuse or neglect filed against him or her and practices applied behavior analysis for a facility, hospital, agency, program or home, as defined in NRS 449.119 , that provides residential services to children. 2. The license of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician who is charged with a crime listed in paragraph (a) of subsection 1 is automatically suspended pending a hearing to be held by the Board not later than 14 days after the suspension. At the hearing, the Board may determine to continue the suspension until final resolution of the criminal charges if it finds by a preponderance of the evidence that the behavior analyst, assistant behavior analyst or registered behavior technician committed the crime with which he or she is charged. 3. A behavior analyst, assistant behavior analyst or registered behavior technician shall provide written notice to the Division within 24 hours after being charged with a crime listed in paragraph (a) of subsection 1. 4. The Board may impose disciplinary action upon finding by a preponderance of the evidence that any of the grounds for disciplinary action listed in this section or NRS 641D.700 exist. 5. As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375 .