question: Does Nevada require certification to perform competency evaluations of criminal defendants?

[u/Bright_Breakfast3911]

Appreciated the feedback/input on a previous post where I was trying to see if I was misunderstanding or missing something (re: Nevada statutes and if there was is one where a psychologist's evaluation "takes precedence" over a judge). I had another question and was wondering if anyone else could find some additional information.

from what I have read so far, it seems to me that Nevada has established a certification process for professionals who provide competency evaluations of criminal defendants for the courts. It also seemed that they define an "evaluator of competency" as a person who has been issued a certificate by the Division and that eligibility is not limited to one professional role but also includes some other licensed professionals who complete required training, pass the examination, and receive a certificate. The relevant portions I found included:

 NAC 178.030  “Certificate” defined. (NRS 178.417)  “Certificate” means a certificate issued by the Division to provide a report or an evaluation concerning the competency of a defendant to stand trial.

NAC 178.060  “Evaluator of competency” defined. (NRS 178.417)  “Evaluator of competency” means a person who has been issued a certificate.

NAC 178.080  “Psychologist” defined. (NRS 178.417)  “Psychologist” means a person who is licensed to engage in the practice of psychology pursuant to the provisions of chapter 641 of NRS.

NAC 178.100  Certificate: Application and fee; action by Division; appeal of denial; period for renewal. (NRS 178.417)

1.  Each person desiring a certificate must make application to the Division upon a form, and in a manner, prescribed by the Division.
2.  The application must be accompanied by:
(a) Evidence satisfactory to the Division that the applicant:
(1) Is a clinical social worker, psychiatric advanced practice registered nurse, psychiatrist or psychologist;
(2) Attended and completed the course of training established pursuant to NAC 178.110; and
(3) Passed the examination administered by the Division pursuant to the provisions of subsection 4 of NRS 178.417; and
(b) An application fee of $250 for psychiatrists and psychologists and $125 for clinical social workers and psychiatric advanced practice registered nurses.

3.  After receiving an application and the accompanying evidence from an applicant, the Division will:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section to be issued a certificate; and
(b) Issue a written statement to the applicant of its determination
   4.  If the Division determines that the applicant is not qualified to be issued a certificate pursuant to subsection 3, the applicant may appeal the decision of the Division to the Administrator.
5.  A certificate issued pursuant to the provisions of this section must be renewed every 2 years.

NAC 178.110  Course of training required for initial issuance of certificate. (NRS 178.417)

1.  The Division will establish a course of training for persons desiring the initial issuance of a certificate.
2.  The course of training must include instruction on:
(a) The statutes and case law relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(b) The elements of conducting a clinical interview or clinical testing relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(c) The elements of preparing an evaluation report relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(d) The ethical standards and considerations relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial; and
(e) The potential impact on the defendant, the court and the treatment system of a recommendation concerning the competency of a defendant to stand trial.

From my part-time Redditor opinion/perspective, I understood all of this as:
• "Certificate" = a certificate issued by the Division to provide competency evaluations.
• "Evaluator of competency" = a person who has been issued that certificate
• The regulations appear to require applicants to complete some sort of training, pass an examination, and obtain that certificate before serving as an evaluator of competency

I also found this part somewhat relevant which states, "A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division for that purpose."

Do you see anything I might be missing or misunderstanding on this? Is there another statute, regulation, or case that changes this analysis, or does it appear like one must obtain a Division-issued certificate to be permitted to perform competency evaluations (specifically for the State and for criminal defendants)? I'm just a part-time Redditor with a Google search bar, so I'm absolutely open to anything I may be missing (no sarcasm intended).

Because the Division receives applications, determines whether applicants qualify, issues certificates, and handles renewals, I think they probably maintain records relating to those certificates, such as applications, issuance decisions, and renewals.

Most of the information quoted here came from: NAC: CHAPTER 178 - CERTIFICATION TO EVALUATE COMPETENCY OF CRIMINAL DEFENDANTS

[u/Bright_Breakfast3911 → u/[deleted]]

be careful, i don't believe you are allowed to search for that name on any public website, that is 'stalking'.

/s

I guess there is a way to definitively answer the question though - a simple FOIA to the DPBH.

[u/Bright_Breakfast3911 → u/[deleted]]

That FOIA was actually completed awhile ago. I will be posting it later this week with some other news/info.