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ê2003 Statutes of Nevada, Page 1163ê

 

CHAPTER 207, SB 248

Senate Bill No. 248–Committee on Commerce and Labor

 

CHAPTER 207

 

AN ACT relating to professions; authorizing the Board of Examiners for Alcohol and Drug Abuse Counselors to adopt regulations to certify persons as detoxification technicians; authorizing the Board to make certain determinations based on information included in a report of criminal history under certain circumstances; requiring the Board to charge and collect a fee for approving a course of continuing education; authorizing the Board to enter into an interlocal agreement with an Indian tribe to provide assistance to members of the tribe training in the practice of counseling alcohol and drug abusers; expanding the circumstances under which the Board may bring an action to enjoin certain violations; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The Board may, by regulation, provide for the certification of a person as a detoxification technician.

      2.  Any regulation adopted pursuant to subsection 1 must include, without limitation, provisions relating to:

      (a) The requirements for submitting an application for a certificate, including, without limitation, the submission of a complete set of fingerprints pursuant to NRS 641C.260;

      (b) The scope of practice for a person who is issued a certificate;

      (c) The conduct of any investigation or hearing relating to an application for a certificate;

      (d) The examination of an applicant for a certificate or a waiver of examination for an applicant;

      (e) The requirements for issuing a certificate or provisional certificate;

      (f) The duration, expiration, renewal, restoration, suspension, revocation and reinstatement of a certificate;

      (g) The grounds for refusing the issuance, renewal, restoration or reinstatement of a certificate;

      (h) The conduct of any disciplinary or other administrative proceeding relating to a person who is issued a certificate;

      (i) The filing of a complaint against a person who is issued a certificate;

      (j) The issuance of a subpoena for the attendance of witnesses and the production of books, papers and records;

      (k) The payment of fees for:

             (1) Witnesses, mileage and attendance at a hearing or deposition; and

             (2) The issuance, renewal, restoration or reinstatement of a certificate;


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      (l) The imposition of a penalty for a violation of any provision of the regulations; and

      (m) The confidentiality of any record or other information maintained by the Board relating to an applicant or the holder of a certificate.

      3.  A person shall not engage in any activity for which the Board requires a certificate as a detoxification technician pursuant to this section unless the person is the holder of such a certificate.

      4.  In addition to the provisions of subsection 2, a regulation adopted pursuant to this section must include provisions that are substantially similar to the requirements set forth in NRS 641C.270, 641C.280 and 641C.710. Any provision included in a regulation pursuant to this subsection remains effective until the provisions of NRS 641C.270, 641C.280 and 641C.710 expire by limitation.

      5.  Except as otherwise provided in this section and NRS 641C.900, 641C.910 and 641C.950, the provisions of this chapter do not apply to the holder of a certificate that is issued in accordance with a regulation adopted pursuant to this section.

      6.  As used in this section, “detoxification technician” means a person who is certified by the Board to provide screening for the safe withdrawal from alcohol and other drugs.

      Sec. 3.  1.  The Board may use any information included in a report of criminal history that is obtained pursuant to this section or NRS 641C.260 in determining whether:

      (a) To issue, renew, restore, suspend, revoke or reinstate a license or certificate pursuant to this chapter; or

      (b) Any ground for imposing any disciplinary action exists pursuant to NRS 641C.700.

      2.  Before renewing, restoring or reinstating the license or certificate of a licensed counselor, certified counselor or certified intern, the Board may, by regulation, require the licensed counselor, certified counselor or certified intern to submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A regulation adopted pursuant to subsection 2 must set forth the circumstances under which the Board will require a detoxification technician to submit his fingerprints and written authorization specified in that subsection before renewing, restoring or reinstating his certificate.

      Sec. 4.  The Board may enter into an interlocal agreement with an Indian tribe to provide to members of the tribe training in the practice of counseling alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors.

      Sec. 5.  NRS 641C.260 is hereby amended to read as follows:

      641C.260  Each applicant for a license or certificate must submit to the Board:

      1.  An application on a form provided by the Board; [and]

      2.  A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      3.  The application fee prescribed in NRS 641C.470.


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      Sec. 6.  NRS 641C.390 is hereby amended to read as follows:

      641C.390  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) [Has] Except as otherwise provided in subsection 2, has received a bachelor’s degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits the statement required pursuant to NRS 641C.280.

      2.  The Board may waive the educational requirement set forth in paragraph (c) of subsection 1 if an applicant for a certificate has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug abuse counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant to this section for whom the educational requirement set forth in paragraph (c) of subsection 1 is waived may provide services as an alcohol and drug abuse counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.

      3.  A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.

      [3.] 4. A certified alcohol and drug abuse counselor may:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs.

      Sec. 7.  NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has a high school diploma or a general equivalency diploma;

      (d) Pays the fees required pursuant to NRS 641C.470;

      (e) Submits proof to the Board that he:

             (1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or

             (2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and

      (f) Submits the statement required pursuant to NRS 641C.280.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified intern may, under the supervision of a licensed counselor:


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      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 8.  NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.320, and section 3 of this act, a person may renew his license or certificate by submitting to the Board:

      1.  An application for the renewal of his license or certificate;

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

      3.  Evidence of his completion of the continuing education required by the Board;

      4.  If the applicant is a certified intern, the name of the licensed counselor who supervises him; and

      5.  The statement required pursuant to NRS 641C.280.

      Sec. 9.  NRS 641C.460 is hereby amended to read as follows:

      641C.460  1.  A license or certificate that is not renewed on or before the date on which it expires is delinquent. The Board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the Board.

      2.  A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of NRS 641C.450 and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in NRS 641C.470.

      3.  A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.

      4.  [A] Except as otherwise provided in section 3 of this act, a license or certificate that has expired may be restored if the applicant:

      (a) Submits to the Board an application to restore the license or certificate;

      (b) Submits to the Board the statement required pursuant to NRS 641C.280;

      (c) Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in NRS 641C.470;

      (d) Passes the oral and written examinations prescribed by the Board; and

      (e) Submits to the Board evidence of his completion of the continuing education required by the Board.

      Sec. 10.  NRS 641C.470 is hereby amended to read as follows:

      641C.470  1.  The Board shall charge and collect not more than the following fees:

 

For the initial application for a license or certificate........................ $150

For the issuance of a provisional license or certificate....................... 125

For the issuance of an initial license or certificate................................. 60

For the renewal of a license or certificate as an alcohol and drug abuse counselor   300


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For the renewal of a certificate as an alcohol and drug abuse counselor intern         $75

For the renewal of a delinquent license or certificate........................... 75

For the restoration of an expired license or certificate....................... 150

For the restoration or reinstatement of a suspended or revoked license or certificate               300

For the issuance of a license or certificate without examination..... 150

For an examination.................................................................................. 150

For the approval of a course of continuing education.................... 150

 

      2.  The fees charged and collected pursuant to this section are not refundable.

      Sec. 11.  NRS 641C.710 is hereby amended to read as follows:

      641C.710  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person, the Board shall deem the license or certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the person by the district attorney or other public agency pursuant to NRS 425.550 stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  [The] Except as otherwise provided in section 3 of this act, the Board shall reinstate a license or certificate that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 12.  NRS 641C.910 is hereby amended to read as follows:

      641C.910  1.  A person shall not:

      (a) Hold himself out to [the] a member of the general public as an alcohol and drug abuse counselor or alcohol and drug abuse counselor intern;

      (b) Use the title “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse [counselor”] counselor,” “detoxification technician” or any similar title in connection with his work; or

      (c) Imply in any way that he is licensed or certified by the Board,

unless he is licensed or certified by the Board pursuant to the provisions of this chapter [.] or a regulation adopted pursuant to section 2 of this act.

      2.  If the Board believes that any person has violated or is about to violate [the provisions of subsection 1,] any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin [that] the person from engaging in or continuing the violation. An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not prevent the criminal prosecution and punishment of a person who violates [the provisions of subsection 1.] a provision of this chapter or a regulation adopted pursuant thereto.


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ê2003 Statutes of Nevada, Page 1168 (Chapter 207, SB 248)ê

 

      Sec. 13.  NRS 641C.950 is hereby amended to read as follows:

      641C.950  A person who violates any provision of [the provisions of] this chapter or a regulation adopted pursuant thereto is guilty of a misdemeanor.

      Sec. 14.  NRS 458.010 is hereby amended to read as follows:

      458.010  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

      1.  “Administrator” means the Administrator of the Health Division.

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

      5.  “Board” means the State Board of Health.

      6.  “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

      7.  [“Detoxification technician” means a person who is certified by the Health Division to provide screening for the safe withdrawal from alcohol and other drugs.

      8.] “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      [9.] 8.  “Health Division” means the Health Division of the Department of Human Resources.

      Sec. 15.  NRS 458.025 is hereby amended to read as follows:

      458.025  The Health Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

In developing and revising the state plan, the Health Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this state.


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      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of [detoxification technicians or] any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified [detoxification technicians,] facilities and programs. Any [detoxification technicians,] facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The Board shall adopt regulations [. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

      (b) May] which may prescribe the fees for the certification of [detoxification technicians,] facilities or programs. A fee prescribed pursuant to this [paragraph] subsection must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Health Division of issuing the certificate.

      5.  Upon request from a facility which is self-supported, may certify the facility [,] and its programs and [detoxification technicians and] add them to the list described in subsection 4.

      Sec. 16.  NRS 458.026, 458.027 and 458.028 are hereby repealed.

      Sec. 17.  1.  This section and sections 1 to 13, inclusive, of this act become effective on July 1, 2003.

      2.  Sections 14, 15 and 16 of this act become effective on the date the regulation adopted by the Board pursuant to section 2 of this act becomes effective, unless a later effective date is otherwise specified in the regulation.

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CHAPTER 208, SB 266

Senate Bill No. 266–Committee on Judiciary

 

CHAPTER 208

 

AN ACT relating to gaming; revising the definition of an “international gaming salon”; requiring the State Gaming Control Board to make available to the public certain information; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Gaming salon” means an enclosed gaming facility which is located anywhere on the property of a resort hotel that holds a nonrestricted license, admission to which facility is based upon the financial criteria of a patron as established by the licensee and approved by the Board.

      Sec. 3.  The Board shall:


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      1.  Compile the information concerning gross revenue reported by licensees pursuant to NRS 463.370; and

      2.  Immediately make available to the public a summary of the compiled information.

      Sec. 4.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate [an international] a gaming salon; or

      (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,

without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.

      4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 6.  NRS 463.4071 is hereby amended to read as follows:

      463.4071  1.  A licensee may apply to the Board, on forms prescribed by the Board, for a license to operate [an international] a gaming salon.

      2.  A nonrefundable application fee in the amount of $5,000 must accompany the application for a license to operate [an international] a gaming salon.

      3.  An applicant must pay the costs incurred by the Board for investigation of an application.


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      Sec. 7.  NRS 463.4073 is hereby amended to read as follows:

      463.4073  The Commission shall, with the advice and assistance of the Board, adopt regulations setting forth:

      1.  The policies and procedures for approval of a license to operate [an international] a gaming salon.

      2.  The standards of operation for [an international] a gaming salon, including, without limitation, policies and procedures governing:

      (a) Surveillance and security systems.

      (b) The games offered. The regulations must provide that the games offered must include table games and may include slot machines.

      (c) Minimum wagers for any game offered. The regulations must provide that minimum wagers for slot machines must not be less than $500.

      Sec. 8.  NRS 463.4076 is hereby amended to read as follows:

      463.4076  1.  The admission of a patron to [an international] a gaming salon:

      (a) May be restricted on the basis of the financial criteria of the patron as established by the licensee and approved by the Board; and

      (b) Must not be restricted on the basis of the race, color, religion, national origin, ancestry, physical disability or sex of the patron.

      2.  Any unresolved dispute with a patron concerning restriction of admission to [an international] a gaming salon shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.

      Sec. 9.  NRS 463.01646 is hereby repealed.

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CHAPTER 209, SB 276

Senate Bill No. 276–Senator Titus

 

CHAPTER 209

 

AN ACT relating to railroads; requiring that the route and terminals selected by the California-Nevada Super Speed Ground Transportation Commission must be approved by the appropriate governmental agencies in the state where the route and terminals are located; designating the Commission as an agency of this state under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission is hereby designated as an agency of the State of Nevada for the purposes of carrying out the provisions of this section and NRS 705.4291 to 705.4296, inclusive.

      Sec. 2.  NRS 705.4292 is hereby amended to read as follows:

      705.4292  As used in NRS 705.4291 to 705.4296, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Commission” means the California-Nevada Super Speed Ground Transportation Commission.


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      2.  “Southern California” means the counties of Los Angeles, Orange, Riverside and San Bernardino.

      3.  “Super Speed Ground Transportation System” means a system that:

      (a) Is capable of sustained speeds of at least 240 miles per hour;

      (b) Uses magnetic levitation technology;

      (c) Carries primarily passengers; and

      (d) Operates on a grade-separated, dedicated guideway.

      Sec. 3.  NRS 705.4293 is hereby amended to read as follows:

      705.4293  1.  There is hereby created the California-Nevada Super Speed Ground Transportation Commission as a separate legal entity. The governing body of the Commission consists of:

      (a) The members from California appointed pursuant to the law of California [.] and the bylaws of the Commission.

      (b) The same number of members from Nevada as are from California, appointed by the Governor of Nevada.

      2.  The members from Nevada serve for terms of 4 years and may be reappointed at the pleasure of the Governor.

      3.  The Commission shall elect one of its members [to be] as Chairman.

      Sec. 4.  NRS 705.4294 is hereby amended to read as follows:

      705.4294  1.  The Commission may:

      (a) Subject to the provisions of subsection 2, secure a right-of-way and award a franchise for the construction and operation of a Super Speed Ground Transportation System principally following the route of Interstate Highway No. 15 between Las Vegas, Nevada, and a point in southern California.

      (b) Acquire or gain control or use of land for rights-of-way, stations and ancillary uses through purchase, gift, lease, use permit or easement.

      (c) Conduct engineering and other studies related to the selection and acquisition of rights-of-way and the selection of a franchisee, including, but not limited to, environmental impact studies, socioeconomic impact studies and financial feasibility studies. All local, state and federal environmental requirements must be met by the Commission.

      (d) Evaluate alternative technologies, systems [,] and operators for a Super Speed Ground Transportation System, and select a franchisee to construct and operate the Super Speed Ground Transportation System between southern California and Las Vegas.

      (e) Establish criteria for the award of the franchise.

      (f) Accept grants, gifts, fees and allocations from Nevada or its political subdivisions, the Federal Government, foreign governments and any private source.

      (g) Issue debt, but this debt does not constitute an obligation of the State of California or the State of Nevada, or any of their political subdivisions.

      (h) Hire an Executive Officer, other staff and any consultants deemed appropriate.

      (i) Select the exact route and terminal sites.

      (j) Obtain, or assist the selected franchisee in obtaining, all necessary permits and certificates from governmental entities in California and Nevada.

      2.  Before the:

      (a) Commission or a franchisee begins construction [;] in Nevada; and

      (b) Receipt of any final certificates and permits necessary for the construction or use of a public right-of-way,the route and terminals selected by the Commission must be [ratified] approved by the [California Legislature and the Nevada Legislature, or the California Legislature and the Legislative Commission if the Nevada Legislature is not in session.]


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the route and terminals selected by the Commission must be [ratified] approved by the [California Legislature and the Nevada Legislature, or the California Legislature and the Legislative Commission if the Nevada Legislature is not in session.] appropriate local, regional and state governmental entities in Nevada which have jurisdiction over the route and terminals located in this state. As a condition of awarding a franchise, the Commission shall require the franchisee to comply with this subsection.

      3.  Before the:

      (a) Commission or a franchisee begins construction in California; and

      (b) Receipt of any final certificates and permits necessary for the construction or use of a public right-of-way,

the route and terminals selected by the Commission must be approved by the appropriate local, regional and state governmental entities in California which have jurisdiction over the route and terminals located in that state. As a condition of awarding a franchise, the Commission shall require the franchisee to comply with this subsection.

      Sec. 5.  1.  This act becomes effective on July 1, 2003.

      2.  Sections 1 to 4, inclusive, of this act expire by limitation:

      (a) One year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed; or

      (b) On the date all borrowing made pursuant to NRS 705.42955 is retired,

whichever is later.

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ê2003 Statutes of Nevada, Page 1174ê

 

CHAPTER 210, SB 281

Senate Bill No. 281–Senator Shaffer (by request)

 

CHAPTER 210

 

AN ACT relating to osteopathic physicians; increasing the membership of the State Board of Osteopathic Medicine; requiring an applicant for a license to practice osteopathic medicine or an osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the State Board of Osteopathic Medicine to submit a complete set of his fingerprints to the Board for investigation of the criminal history of the applicant or osteopathic physician’s assistant; authorizing an osteopathic physician to be appointed to certain governmental entities; expanding the circumstances under which an osteopathic physician may be designated to carry out certain duties relating to the practice of medicine; revising provisions relating to the confidentiality of investigations conducted by the Board; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, each applicant for a license to practice osteopathic medicine, except a temporary or special license, or each osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the Board must submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The Board may issue a provisional license pending receipt of the report of the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified.

      3.  The Board shall revoke a provisional license upon receipt of the report from the Federal Bureau of Investigation if the report indicates that:

      (a) The applicant or the osteopathic physician’s assistant has been convicted of an act that is a ground for disciplinary action pursuant to NRS 633.511;

      (b) The applicant or the osteopathic physician’s assistant has been convicted of a felony set forth in NRS 633.741; or

      (c) A warrant for the arrest of the applicant or the osteopathic physician’s assistant has been issued by a court of competent jurisdiction.

      Sec. 2.  NRS 633.181 is hereby amended to read as follows:

      633.181  The State Board of Osteopathic Medicine consists of [five] seven members appointed by the Governor.

      Sec. 3.  NRS 633.191 is hereby amended to read as follows:

      633.191  1.  [Four] Five members of the Board must:


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      (a) Be licensed under this chapter;

      (b) Be actually engaged in the practice of osteopathic medicine in this state; and

      (c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.

      2.  [The remaining member] Two members must be [a resident] residents of the State of Nevada:

      (a) Not licensed in any state to practice any healing art; and

      (b) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.

      Sec. 4.  NRS 633.611 is hereby amended to read as follows:

      633.611  1.  All proceedings [subsequent to] after the filing of a complaint are confidential, except to the extent necessary for the conduct of an examination, until the Board determines to proceed with disciplinary action. [If]

      2.  Except as otherwise provided in subsection 3, if the Board dismisses the complaint, the proceedings remain confidential. If the Board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.

      3.  The Board may disseminate any information or records relating to an investigation of a complaint which has been dismissed by the Board to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency.

      Sec. 5.  NRS 637A.243 is hereby amended to read as follows:

      637A.243  1.  A hearing aid specialist licensed pursuant to this chapter may sell hearing aids by catalog or mail if:

      (a) He has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, an advanced practitioner of nursing licensed pursuant to chapter 632 of NRS, an audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he has performed an otoscopic examination of that person and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (b) He has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he has performed an audiometric examination of that person in compliance with regulations adopted by the Board and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (c) He has received a written statement signed by a hearing aid specialist licensed pursuant to this chapter which verifies that an ear impression has been taken; and

      (d) The person has signed a statement acknowledging that the licensee is selling him the hearing aid by catalog or mail based upon the information submitted by the person in accordance with this section.

      2.  A hearing aid specialist who sells hearing aids by catalog or mail shall maintain a record of each sale of a hearing aid made pursuant to this section for not less than 5 years.


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      3.  The Board may adopt regulations to carry out the provisions of this section, including, without limitation, the information which must be included in each record required to be maintained pursuant to subsection 2.

      Sec. 6.  NRS 641C.130 is hereby amended to read as follows:

      641C.130  The provisions of this chapter do not apply to:

      1.  A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS;

      2.  A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers;

      3.  A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;

      4.  A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists to engage in the practice of counseling alcohol and drug abusers; or

      5.  A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers.

      Sec. 7.  NRS 209.3925 is hereby amended to read as follows:

      209.3925  1.  Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:

      (a) The Director has reason to believe that the offender is:

             (1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or

            (2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

      (b) At least two physicians licensed pursuant to chapter 630 or 633 of NRS, one of whom is not employed by the Department, verify, in writing, that the offender is:

             (1) Physically incapacitated; or

             (2) In ill health and expected to die within 12 months.

      2.  If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

      (a) If the offender will reside within this state after he is released from the custody of the Department, the board of county commissioners of the county in which the offender will reside; and

      (b) The Division of Parole and Probation.

      3.  If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

      (a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and


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      (b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

If a current address has not been provided by a victim as required by subsection 4 of NRS 213.130, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      6.  The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

      7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 8.  NRS 433A.430 is hereby amended to read as follows:

      433A.430  1.  Whenever the Administrator determines that Division facilities within the State are inadequate for the care of any mentally ill person, he may designate two physicians, licensed under the provisions of chapter 630 or 633 of NRS, and familiar with the field of psychiatry, to examine that person. If the two physicians concur with the opinion of the Administrator, the Administrator may contract with appropriate corresponding authorities in any other state of the United States having adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians so designated are entitled to a reasonable fee for their services which must be paid by the county of the person’s last known residence.


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      2.  Money to carry out the provisions of this section must be provided by direct legislative appropriation.

      Sec. 9.  NRS 439B.410 is hereby amended to read as follows:

      439B.410  1.  Except as otherwise provided in subsection 4, each hospital in this state has an obligation to provide emergency services and care, including care provided by physicians and nurses, and to admit a patient where appropriate, regardless of the financial status of the patient.

      2.  Except as otherwise provided in subsection 4, it is unlawful for a hospital or a physician working in a hospital emergency room, to:

      (a) Refuse to accept or treat a patient in need of emergency services and care; or

      (b) Except when medically necessary in the judgment of the attending physician:

             (1) Transfer a patient to another hospital or health facility unless, as documented in the patient’s records:

                   (I) A determination has been made that the patient is medically fit for transfer;

                   (II) Consent to the transfer has been given by the receiving physician, hospital or health facility;

                   (III) The patient has been provided with an explanation of the need for the transfer; and

                   (IV) Consent to the transfer has been given by the patient or his legal representative; or

             (2) Provide a patient with orders for testing at another hospital or health facility when the hospital from which the orders are issued is capable of providing that testing.

      3.  A physician, hospital or other health facility which treats a patient as a result of a violation of subsection 2 by a hospital or a physician working in the hospital is entitled to recover from that hospital an amount equal to three times the charges for the treatment provided that was billed by the physician, hospital or other health facility which provided the treatment, plus reasonable attorney’s fees and costs.

      4.  This section does not prohibit the transfer of a patient from one hospital to another:

      (a) When the patient is covered by an insurance policy or other contractual arrangement which provides for payment at the receiving hospital;

      (b) After the county responsible for payment for the care of an indigent patient has exhausted the money which may be appropriated for that purpose pursuant to NRS 428.050, 428.285 and 450.425; or

      (c) When the hospital cannot provide the services needed by the patient.

No transfer may be made pursuant to this subsection until the patient’s condition has been stabilized to a degree that allows the transfer without an additional risk to the patient.

      5.  As used in this section:

      (a) “Emergency services and care” means medical screening, examination and evaluation by a physician or, to the extent permitted by a specific statute, by a person under the supervision of a physician, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment and surgery by a physician necessary to relieve or eliminate the emergency medical condition or active labor, within the capability of the hospital.


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eliminate the emergency medical condition or active labor, within the capability of the hospital. As used in this paragraph:

             (1) “Active labor” means, in relation to childbirth, labor that occurs when:

                   (I) There is inadequate time before delivery to transfer the patient safely to another hospital; or

                   (II) A transfer may pose a threat to the health and safety of the patient or the unborn child.

             (2) “Emergency medical condition” means the presence of acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:

                   (I) Placing the health of the patient in serious jeopardy;

                   (II) Serious impairment of bodily functions; or

                   (III) Serious dysfunction of any bodily organ or part.

      (b) “Medically fit” means that the condition of the patient has been sufficiently stabilized so that he may be safely transported to another hospital, or is such that, in the determination of the attending physician, the transfer of the patient constitutes an acceptable risk. Such a determination must be based upon the condition of the patient, the expected benefits, if any, to the patient resulting from the transfer and whether the risks to the patient’s health are outweighed by the expected benefits, and must be documented in the patient’s records before the transfer.

      6.  If an allegation of a violation of the provisions of subsection 2 is made against a hospital licensed pursuant to the provisions of chapter 449 of NRS, the Health Division of the Department of Human Resources shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for the denial, suspension or revocation of such a license, or for the imposition of any sanction prescribed by NRS 449.163.

      7.  If an allegation of a violation of the provisions of subsection 2 is made against [a:] :

      (a) A physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for initiating disciplinary action or denying licensure pursuant to the provisions of subsection 3 of NRS 630.3065.

      (b) An osteopathic physician licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine shall conduct an investigation of the alleged violation. Such a violation, in addition to any criminal penalties that may be imposed, constitutes grounds for initiating disciplinary action pursuant to the provisions of subsection 1 of NRS 633.131.

      Sec. 10.  NRS 442.003 is hereby amended to read as follows:

      442.003  As used in this chapter, unless the context requires otherwise:

      1.  “Advisory Board” means the Advisory Board on Maternal and Child Health.

      2.  “Department” means the Department of Human Resources.

      3.  “Director” means the Director of the Department.

      4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

      5.  “Health Division” means the Health Division of the Department.

      6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.


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      7.  “Provider of health care or other services” means:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS;

      (b) A physician or a physician assistant who is licensed pursuant to chapter 630 or an osteopathic physician who is licensed pursuant to chapter 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

      (c) A licensed nurse;

      (d) A licensed psychologist;

      (e) A licensed marriage and family therapist;

      (f) A licensed social worker; or

      (g) The holder of a certificate of registration as a pharmacist.

      Sec. 11.  NRS 453A.030 is hereby amended to read as follows:

      453A.030  “Attending physician” means a physician who:

      1.  Is licensed to practice medicine pursuant to the provisions of chapter 630 or 633 of NRS; and

      2.  Has primary responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

      Sec. 12.  NRS 453A.500 is hereby amended to read as follows:

      453A.500  The Board of Medical Examiners shall not take any disciplinary action against an attending physician on the basis that the attending physician:

      1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 or 633 of NRS:

      (a) About the possible risks and benefits of the medical use of marijuana; or

      (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

      2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card, if:

      (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

      (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

      Sec. 13.  NRS 457.310 is hereby amended to read as follows:

      457.310  1.  The Task Force on Prostate Cancer, consisting of 11 members, is hereby created. The Task Force consists of:

      (a) The following ex officio members:

             (1) The Chief Executive Officer of Family to Family: “Americans for Prostate Cancer Awareness and Support”;

             (2) The Nevada Director of Us Too! International, Inc.; and

             (3) The Executive Officer of the Public Employees’ Benefits Program; and


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      (b) The following members appointed by the Governor:

             (1) Two members who are physicians licensed pursuant to chapter 630 or 633 of NRS;

             (2) One member who is an officer or employee of the University and Community College System of Nevada;

             (3) One member who is an employee of the Bureau of Disease Control and Intervention of the Health Division;

             (4) One member who has had prostate cancer;

             (5) One member who is related to a person who has had prostate cancer; and

             (6) Two members who are representatives of business.

      2.  If Family to Family: “Americans for Prostate Cancer Awareness and Support” or Us Too! International, Inc., ceases to exist, the highest officer or person in charge of any successor organization shall serve as the ex officio member required by subparagraph (1) or (2) of paragraph (a) of subsection 1 or, if there is no successor organization, the Governor shall appoint a person to serve pursuant to the applicable subparagraph.

      3.  Vacancies of members appointed to the Task Force must be filled in the same manner as original appointments.

      4.  The Task Force shall annually submit a report concerning its activities and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      Sec. 14.  NRS 467.015 is hereby amended to read as follows:

      467.015  Each member of the Board must:

      1.  Be licensed to practice medicine pursuant to chapter 630 or 633 of NRS.

      2.  Have at least 5 years of experience in the practice of medicine at the time of his appointment.

      Sec. 15.  NRS 695G.110 is hereby amended to read as follows:

      695G.110  Each managed care organization shall employ or contract with a physician who is licensed to practice medicine in the State of Nevada pursuant to chapter 630 or 633 of NRS to serve as its medical director.

      Sec. 16.  NRS 695G.150 is hereby amended to read as follows:

      695G.150  Each managed care organization shall authorize coverage of a health care service that has been recommended for the insured by a provider of health care acting within the scope of his practice if that service is covered by the health care plan of the insured, unless:

      1.  The decision not to authorize coverage is made by a physician who:

      (a) Is licensed to practice medicine in the State of Nevada pursuant to chapter 630 or 633 of NRS;

      (b) Possesses the education, training and expertise to evaluate the medical condition of the insured; and

      (c) Has reviewed the available medical documentation, notes of the attending physician, test results and other relevant medical records of the insured.

The physician may consult with other providers of health care in determining whether to authorize coverage.

      2.  The decision not to authorize coverage and the reason for the decision have been transmitted in writing in a timely manner to the insured, the provider of health care who recommended the service and the primary care physician of the insured, if any.


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ê2003 Statutes of Nevada, Page 1182 (Chapter 210, SB 281)ê

 

      Sec. 17.  NRS 695G.190 is hereby amended to read as follows:

      695G.190  1.  As part of a quality assurance program established pursuant to NRS 695G.180, each managed care organization shall create a quality improvement committee directed by a physician who is licensed to practice medicine in the State of Nevada pursuant to chapter 630 or 633 of NRS.

      2.  Each managed care organization shall:

      (a) Establish written guidelines setting forth the procedure for selecting the members of the committee;

      (b) Select members pursuant to such guidelines; and

      (c) Provide staff to assist the committee.

      3.  The committee shall:

      (a) Select and review appropriate medical records of insureds and other data related to the quality of health care provided to insureds by providers of health care;

      (b) Review the clinical processes used by providers of health care in providing services;

      (c) Identify any problems related to the quality of health care provided to insureds; and

      (d) Advise providers of health care regarding issues related to quality of care.

      Sec. 18.  The provisions of section 1 of this act apply only to an application for a license to practice as an osteopathic physician or an application to employ an osteopathic physician’s assistant which is received by the State Board of Osteopathic Medicine on or after October 1, 2003.

      Sec. 19.  As soon as practicable after October 1, 2003, the Governor shall appoint to the State Board of Osteopathic Medicine pursuant to:

      1.  Subsection 2 of NRS 633.191, one member whose term expires on September 30, 2006.

      2.  Subsection 1 of NRS 633.191, one member whose term expires on September 30, 2007.

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CHAPTER 211, SB 283

Senate Bill No. 283–Committee on Human Resources and Facilities

 

CHAPTER 211

 

AN ACT relating to dentistry; revising the requirements for the issuance of a limited license to practice dentistry or dental hygiene; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 631.271 is hereby amended to read as follows:

      631.271  1.  The Board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:


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ê2003 Statutes of Nevada, Page 1183 (Chapter 211, SB 283)ê

 

      (a) [At the time of his application, has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or the District of Columbia;

      (b) Is otherwise] Is qualified for a license to practice dentistry or dental hygiene in this state;

      [(c)] (b) Pays the required application fee; and

      [(d)] (c) Has entered into a contract with the University and Community College System of Nevada to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the University and Community College System of Nevada.

      2.  The Board shall not issue a limited license to a person:

      (a) [Whose] Who has been issued a license to practice dentistry or dental hygiene if:

             (1) The person is involved in a disciplinary action concerning the license; or

             (2) The license has been revoked or suspended; or

      (b) Who has been refused a license [or is involved in a disciplinary action concerning his license] to practice dentistry or dental hygiene,

in this state, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a limited license is issued pursuant to subsection 1:

      (a) May practice dentistry or dental hygiene in this state only:

             (1) At the educational or outpatient clinic, hospital or other facility where he is employed; and

             (2) In accordance with the contract required by paragraph [(d)] (c) of subsection 1.

      (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by the University and Community College System of Nevada for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene.

      [(c) May have his license to practice dentistry or dental hygiene issued pursuant to the laws of another state or the District of Columbia placed on inactive status.]

      4.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration. The holder of a limited license may, upon compliance with the requirements set forth in subsection 2 of NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

      5.  Within 7 days after the termination of his contract required by paragraph [(d)] (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license to the Board.

      6.  The Board may revoke a limited license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 1184ê

 

CHAPTER 212, SB 299

Senate Bill No. 299–Committee on Judiciary

 

CHAPTER 212

 

AN ACT relating to prisoners; prohibiting prisoners from manufacturing or possessing certain tools or items adapted, designed or commonly used for the purpose of escaping or attempting to escape from custody; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, a prisoner who is in lawful custody or confinement, other than residential confinement, shall not knowingly manufacture, possess or have in his custody or control any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or commonly used for the purpose of escaping or attempting to escape from lawful custody or confinement, whether or not such an escape or attempted escape actually occurs.

      2.  A prisoner who violates any provision of subsection 1 and who is in lawful custody or confinement for a charge, conviction or sentence for:

      (a) A felony, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) A gross misdemeanor or misdemeanor, shall be punished for a gross misdemeanor.

      3.  A sentence imposed upon a prisoner pursuant to this section:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was in lawful custody or confinement when he violated the provisions of subsection 1.

      4.  The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 1185ê

 

CHAPTER 213, SB 310

Senate Bill No. 310–Senator Carlton

 

CHAPTER 213

 

AN ACT relating to agencies; clarifying that certain occupational boards and commissions must act in the public interest; revising the qualifications for the members of certain occupational boards and commissions; providing that the members of certain occupational boards and commissions must be provided with certain materials and training upon appointment; revising the authority of certain occupational boards and commissions to hire employees or contract with independent contractors; revising the qualifications for the executive director or executive secretary of certain occupational boards and commissions; revising the audit requirements for certain occupational boards and commissions; increasing the membership of the State Board of Osteopathic Medicine; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Immediate relative” means:

      1.  A spouse.

      2.  A parent, by blood, marriage or adoption.

      3.  A child, by blood, marriage or adoption.

      Sec. 4.  “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      Sec. 5.  “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      Sec. 6.  “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.

      Sec. 7.  “Regulatory body” means:

      1.  Any agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

      2.  Any officer of an agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

      Sec. 8.  In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

      Sec. 9.  As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

      1.  A written summary of the duties and responsibilities of a member of the regulatory body; and


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      2.  Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218.825, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

      Sec. 10.  Except as otherwise provided in section 11 of this act, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.

      Sec. 11.  If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

      1.  Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position; and

      2.  Must not be the immediate relative of:

      (a) A member or employee of the regulatory body; or

      (b) A licensee of the regulatory body.

      Sec. 12.  A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

      1.  A member or employee of the regulatory body; or

      2.  A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.

      Sec. 13.  If a licensee of a regulatory body appears before the regulatory body concerning any matter that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his knowledge, whether an immediate relative of the licensee:

      1.  Is employed by the regulatory body; or

      2.  Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.

      Sec. 14.  NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each [occupational licensing board] regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau a summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against [the holder of a license, certificate, registration or permit issued by the occupational licensing board.] any licensee of the regulatory body.

      2.  The Director of the Legislative Counsel Bureau shall:

      (a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.


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      Sec. 15.  NRS 622.110 is hereby amended to read as follows:

      622.110  1.  Each [occupational licensing board] regulatory body shall, on or before November 1 of each even-numbered year, submit a report of its activities to the Director of the Legislative Counsel Bureau.

      2.  The report must include, without limitation:

      (a) The number of licenses [, certificates, registrations and permits, respectively,] issued by the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years;

      (b) A summary of the budget of the [occupational licensing board] regulatory body during the immediately preceding 2 fiscal years that is related to the duties of the [occupational licensing board] regulatory body pursuant to this title, including, without limitation, a description of all income and expenditures related to such duties;

      (c) A summary of each disciplinary action taken by the regulatory body during the immediately preceding 2 fiscal years against [the holder of a license, certificate, registration or permit issued by the occupational licensing board;] any licensee of the regulatory body; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the [occupational licensing board] regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the [occupational licensing board] regulatory body is necessary.

      3.  The Director of the Legislative Counsel Bureau shall compile all the reports he receives and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, which each shall review the compilation to determine whether the continued existence of each [occupational licensing board] regulatory body is necessary.

      Sec. 16.  NRS 623.050 is hereby amended to read as follows:

      623.050  1.  The State Board of Architecture, Interior Design and Residential Design, consisting of nine members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.

      (b) One member who is a registered residential designer.

      (c) Two members who are registered interior designers and who are not registered architects or residential designers.

      (d) One member who is a representative of the general public. This member must not be:

             (1) A registered architect, a registered interior designer or a registered residential designer; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a registered architect, a registered interior designer or a registered residential designer.

      3.  Members of the Board must have been residents of this state for not less than 2 years preceding their appointment.

      4.  The Governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.


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      Sec. 17.  NRS 623A.080 is hereby amended to read as follows:

      623A.080  1.  The State Board of Landscape Architecture, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Four members who, at the time of their appointment, are not the subject of any disciplinary action by the Board and who, for not less than 3 years immediately preceding their appointment, have been:

             (1) Engaged in the practice of landscape architecture; and

             (2) Holders of certificates of registration; and

      (b) One member who is a representative of the general public. This member must not be:

             (1) A landscape architect or a landscape architect intern; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a landscape architect or a landscape architect intern.

      3.  Each member must have been a resident of this state for not less than 3 years immediately preceding his appointment.

      4.  A member of the Board shall not serve for more than three terms.

      5.  Each member of the Board shall, within 30 days after he is appointed, take and subscribe to the oath of office as prescribed by the laws of this state and file the oath with the Secretary of State.

      6.  The member who is a representative of the general public shall not participate in preparing or grading any examination required by the Board.

      7.  Upon receipt of a complaint concerning a member of the Board and for good cause shown, the Governor may, after providing 10 days’ notice to the member and providing an opportunity for a hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.

      8.  An appointment to fill a vacancy in the membership of the Board for a cause other than expiration of the term must be for the unexpired portion of the term.

      9.  A member, agent or employee of the Board or any hearing officer or member of a hearing panel appointed by the Board is immune from personal liability relating to any action taken in good faith and within the scope of his authority.

      Sec. 18.  NRS 624.050 is hereby amended to read as follows:

      624.050  1.  Six members of the Board must each:

      (a) At the time of appointment, hold an unexpired license to operate as a contractor.

      (b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.

      (c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.

      2.  One member of the Board must be a representative of the general public. This member must not be:

      (a) A licensed contractor; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a licensed contractor.

      Sec. 19.  NRS 625A.030 is hereby amended to read as follows:

      625A.030  1.  There is hereby created the Board of Registered Environmental Health Specialists, consisting of the State Health Officer or his designated representative and four members appointed by the Governor.


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      2.  After the initial terms, each member appointed by the Governor must be appointed for a term of 3 years.

      3.  Of the members of the Board appointed by the Governor after his initial appointments [, two] :

      (a) Two must represent the general public . [and two] These members must not be:

             (1) An environmental health specialist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist.

      (b) Two must be environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.

      4.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.

      5.  The Board shall elect from its members who are not employees of the State a Chairman and a Secretary. The Chairman must be elected annually on July 1. The Secretary continues in office at the pleasure of the Board.

      Sec. 20.  NRS 628.045 is hereby amended to read as follows:

      628.045  1.  Except as otherwise provided in subsection 2, the Governor shall appoint to the Board six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant in the State of Nevada. Of the six members who are certified public accountants:

      (a) One member must be employed by the government or by private industry; and

      (b) Five members must be engaged in the practice of public accounting.

      2.  Whenever the total number of registered public accountants who practice is 10 or fewer, the Board must consist of six members who are certified public accountants and the member who is a registered public accountant until his term of office expires. Thereafter, the Board must consist of [six] :

      (a) Six members who are certified public accountants, one of whom must be employed by the government or by private industry . [, and one]

      (b) One member who represents the public. This member must not be:

             (1) A certified public accountant, a public accountant or a registered public accountant; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a certified public accountant, a public accountant or a registered public accountant.

      3.  No person may be appointed to the Board unless he is:

      (a) Engaged in active practice as a certified public accountant or registered public accountant and holds a live permit to practice public accounting in this state, or is appointed as the member who represents the public.

      (b) A resident of the State of Nevada.

      Sec. 21.  NRS 630.060 is hereby amended to read as follows:

      630.060  1.  Six members of the Board must be persons who are licensed to practice medicine in this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments.


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      2.  One member of the Board must be a person who has resided in this state for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

      3.  The remaining two members of the Board must be persons who have resided in this state for at least 5 years and who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;

      (c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and

      [(c)] (d) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.

      [3.] 4.  The members of the Board must be selected without regard to their individual political beliefs.

      [4.  The Board shall conduct training programs to assist new members of the Board in the performance of their duties.]

      Sec. 22.  NRS 630A.110 is hereby amended to read as follows:

      630A.110  1.  [Four] Three members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the State.

      2.  One member of the Board must be a person who has resided in this state for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      3.  The remaining three members of the Board must be persons who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;

      (c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;

      [(c)] (d) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and

      [(d)] (e) Have resided in this state for at least 5 years.

      [3.] 4.  The members of the Board must be selected without regard to their individual political beliefs.

      [4.] 5.  As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      Sec. 23.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The Governor shall appoint:


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      (a) [Seven] Six members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.

      (b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) Two members who:

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.

      [(c)] (d) One member who is a representative of the general public. This member must not be:

             (1) A dentist or a dental hygienist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist or a dental hygienist.

      2.  The members who are dental hygienists may vote on all matters but may not participate in examinations for the licensing of dentists.

      3.  [The member who is a representative of the general public must] If a member is not licensed under the provisions of this chapter, the member shall not participate in grading any examination required by the Board.

      Sec. 24.  NRS 631.140 is hereby amended to read as follows:

      631.140  1.  The [seven] six members of the Board who are dentists , the member of the Board who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care, and the member of the Board who is a representative of the general public must be appointed from areas of the State as follows:

      (a) Three of those members must be from Carson City, Douglas County or Washoe County.

      (b) Four of those members must be from Clark County.

      (c) One of those members may be from any county of the State.

      2.  One of the two members of the Board who are dental hygienists must be appointed from Clark County , [;] the other must be appointed from some other county of the State.

      Sec. 25.  NRS 632.030 is hereby amended to read as follows:

      632.030  1.  The Governor shall appoint:

      (a) [Four] Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

      (b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this state and has been actively engaged in nursing for at least 5 years preceding the appointment.

      (c) One nursing assistant who is certified pursuant to the provisions of this chapter.

      (d) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.


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      (e) One member who is a representative of the general public. This member must not be:

             (1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing.

      2.  Each member of the Board must be:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada who has resided in this state for not less than 2 years.

      3.  A representative of the general public may not:

      (a) Have a fiduciary obligation to a hospital or other health agency;

      (b) Have a material financial interest in the rendering of health services; or

      (c) Be employed in the administration of health activities or the performance of health services.

      4.  The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:

      (a) In administration.

      (b) In education.

      (c) As an advanced practitioner of nursing.

      (d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.

      (e) In a licensed medical facility.

      5.  Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.

      6.  No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.

      Sec. 26.  NRS 633.181 is hereby amended to read as follows:

      633.181  The State Board of Osteopathic Medicine consists of [five] seven members appointed by the Governor.

      Sec. 27.  NRS 633.191 is hereby amended to read as follows:

      633.191  1.  [Four] Five members of the Board must:

      (a) Be licensed under this chapter;

      (b) Be actually engaged in the practice of osteopathic medicine in this state; and

      (c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.

      2.  One member of the Board must be a resident of the State of Nevada and must represent the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

      3.  The remaining member of the Board must be a resident of the State of Nevada [:] who is:


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      (a) Not licensed in any state to practice any healing art; [and]

      (b) Not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; and

      (c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.

      Sec. 28.  NRS 633.331 is hereby amended to read as follows:

      633.331  1.  Examinations must be held at least once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.

      2.  The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  The Board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  [The] Each member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 29.  NRS 634.020 is hereby amended to read as follows:

      634.020  1.  The Chiropractic Physicians’ Board of Nevada, consisting of six members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) [Five] Four members who are:

             (1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;

             (2) Licensed under this chapter; and

             (3) Actually engaged in the practice of chiropractic in this state and who have been so engaged in this state for at least 3 years preceding their appointment.

      (b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) One member who is a representative of the general public. This member must not be:

             (1) A chiropractor or a chiropractor’s assistant; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractor or a chiropractor’s assistant.

      3.  At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.

      4.  [The member who is a representative of the general public] If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.

      Sec. 30.  NRS 634A.030 is hereby amended to read as follows:

      634A.030  1.  The State Board of Oriental Medicine, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) [Three] Two members who are licensed pursuant to this chapter.


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      (b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) Two members who are representatives of the general public. These members must not be:

             (1) A doctor of Oriental medicine; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a doctor of Oriental medicine.

      3.  Each member of the Board shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths.

      Sec. 31.  NRS 635.020 is hereby amended to read as follows:

      635.020  1.  The State Board of Podiatry, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) [Four] Three members who are licensed podiatric physicians in the State of Nevada.

      (b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) One member who is a representative of the general public. This member must not be:

             (1) A licensed podiatric physician in the State of Nevada; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed podiatric physician in the State of Nevada.

      3.  The members of the Board are entitled to receive:

      (a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  [The member who is a representative of the general public] If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 32.  NRS 636.035 is hereby amended to read as follows:

      636.035  1.  The Governor shall appoint:

      (a) Three members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry.

      (b) One member who is a representative of the general public. This member must not be:

             (1) Licensed to practice optometry; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a person licensed to practice optometry.

      2.  A person shall not be appointed if he:


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      (a) Is the owner or co-owner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry;

      (b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or

      (c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude.

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 33.  NRS 637.030 is hereby amended to read as follows:

      637.030  1.  The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.

      (b) One member who is a representative of the general public. This member must not be:

             (1) A dispensing optician; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dispensing optician.

      3.  The Governor, after hearing, may remove any member for cause.

      4.  The member who is the representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 34.  NRS 637A.035 is hereby amended to read as follows:

      637A.035  1.  The Governor shall appoint:

      (a) One member who is a physician with a specialty in otorhinolaryngology or otology.

      (b) One member who is licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.

      (c) One member who is a hearing aid specialist.

      (d) Two members who are representatives of the general public and have hearing disorders. These members must not be:

             (1) A hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.

      2.  After their initial terms, the members of the Board shall serve terms of 3 years.

      3.  No member of the Board may be a stockholder of a manufacturer.

      4.  The members of the Board serve at the pleasure of the Governor.

      Sec. 35.  NRS 637B.100 is hereby amended to read as follows:

      637B.100  1.  The Board of Examiners for Audiology and Speech Pathology, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Two members who have been engaged in the practice of speech pathology for 2 years or more;


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      (b) One member who has been engaged in the practice of audiology for 2 years or more;

      (c) One member who is a physician and who is certified by the Board of Medical Examiners as a specialist in otolaryngology, pediatrics or neurology; and

      (d) One member who is a representative of the general public. This member must not be:

             (1) A speech pathologist or an audiologist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a speech pathologist or an audiologist.

      3.  Members of the Board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.

      4.  Each member of the Board who is a speech pathologist or audiologist must hold a current license issued pursuant to this chapter or a current certificate of clinical competence from the American [Speech and] Speech-Language-Hearing Association.

      5.  The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 36.  NRS 638.020 is hereby amended to read as follows:

      638.020  1.  The Nevada State Board of Veterinary Medical Examiners is hereby created.

      2.  The Board consists of seven members appointed by the Governor.

      3.  Six of the members must:

      (a) Be residents of the State of Nevada.

      (b) Be graduates of a veterinary college approved by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

      4.  One member appointed by the Governor must be a representative of the general public. This member must not be:

      (a) A veterinarian, a veterinary technician or a euthanasia technician; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.

      5.  Any member may be removed from the Board by the Governor for good cause.

      Sec. 37.  NRS 640.030 is hereby amended to read as follows:

      640.030  1.  The State Board of Physical Therapy Examiners, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Four members who are licensed physical therapists in the State of Nevada.

      (b) One member who is a representative of the general public. This member must not be:

             (1) A physical therapist, a physical therapist’s assistant or a physical therapist’s technician; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a physical therapist, a physical therapist’s assistant or a physical therapist’s technician.


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      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      4.  No member of the Board may serve more than two consecutive terms.

      5.  The Governor may remove any member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.

      6.  A majority of the members of the Board constitutes a quorum.

      7.  No member of the Board may be held liable in a civil action for any act which he has performed in good faith in the execution of his duties under this chapter.

      Sec. 38.  NRS 640A.080 is hereby amended to read as follows:

      640A.080  1.  The Board of Occupational Therapy, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) One member who is a representative of the general public . [;] This member must not be:

             (1) An occupational therapist or an occupational therapy assistant; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an occupational therapist or an occupational therapy assistant.

      (b) One member who is an occupational therapist or occupational therapy assistant . [; and]

      (c) Three members who are occupational therapists.

      3.  Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:

      (a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and

      (b) Except for the initial members, hold a license issued pursuant to this chapter.

      4.  No member of the Board may serve more than two consecutive terms.

      5.  If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.

      Sec. 39.  NRS 641.040 is hereby amended to read as follows:

      641.040  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who is a representative of the general public. This member must not be:

             (1) A psychologist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a psychologist.

      2.  A person is not eligible for appointment unless he is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public:


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      (a) Shall not participate in preparing, conducting or grading any examination required by the Board.

      (b) Must not be a psychologist, an applicant or former applicant for licensure as a psychologist, a member of a health profession or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      Sec. 40.  NRS 641A.100 is hereby amended to read as follows:

      641A.100  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and

      (b) Two members who are representatives of the general public. These members must not be:

             (1) A marriage and family therapist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist.

      2.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      3.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.

      Sec. 41.  NRS 641B.100 is hereby amended to read as follows:

      641B.100  1.  The Board of Examiners for Social Workers consists of five members appointed by the Governor.

      2.  Four members appointed to the Board must be licensed or eligible for licensure pursuant to this chapter, except the initial members who must be eligible for licensure.

      3.  One member appointed to the Board must be a representative of the general public. This member must not be:

      (a) Licensed or eligible for licensure pursuant to this chapter; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a person who is licensed or eligible for licensure pursuant to this chapter.

      Sec. 42.  NRS 641C.150 is hereby amended to read as follows:

      641C.150  1.  The Board of Examiners for Alcohol and Drug Abuse Counselors, consisting of five members appointed by the Governor, is hereby created.

      2.  The Board must consist of:

      (a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter . [;]

      (b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter . [; and]

      (c) One member who is a representative of the general public. This member must not be:

             (1) A licensed or certified alcohol and drug abuse counselor; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed or certified alcohol and drug abuse counselor.

      3.  A person may not be appointed to the Board unless he is:


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ê2003 Statutes of Nevada, Page 1199 (Chapter 213, SB 310)ê

 

      (a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (b) A resident of this state.

      4.  No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.

      Sec. 43.  NRS 648.020 is hereby amended to read as follows:

      648.020  1.  The Private Investigator’s Licensing Board, consisting of the Attorney General or his deputy and four members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) One member who is a private investigator.

      (b) One member who is a private patrolman.

      (c) One member who is a polygraphic examiner.

      (d) One member who is a representative of the general public. This member must not be:

             (1) A licensee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensee.

      3.  The Chairman of the Board is the Attorney General or a deputy attorney general designated by the Attorney General to act in that capacity.

      4.  Each member of the Board, except the Chairman, is entitled to receive:

      (a) A salary of not more than $80, as fixed by the Board, for each day or portion of a day during which he attends a meeting of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      6.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 44.  NRS 654.060 is hereby amended to read as follows:

      654.060  1.  The Governor shall appoint:

      (a) Two members who are nursing facility administrators.

      (b) One member who is an administrator of a residential facility for groups with less than seven clients.

      (c) One member who is an administrator of a residential facility for groups with seven or more clients.

      (d) One member who is a member of the medical or paramedical professions.

      (e) One member who is a representative of the general public. This member must not be:

             (1) A nursing facility administrator or an administrator of a residential facility for groups; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a nursing facility administrator or an administrator of a residential facility for groups.


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      2.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 45.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  [Each of the boards and commissions] Except as otherwise provided in subsection 2, each board or commission created by the provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, [and 641C,] 654 and 656 of NRS shall :

      (a) If the revenue of the board or commission from all sources is less than $50,000 for any fiscal year, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board or commission to prepare such a balance sheet.

      (b) If the revenue of the board or commission from all sources is $50,000 or more for any fiscal year, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records [once each year for the preceding] for that fiscal year [or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.

      2.  A] and file a report of [each such audit must be filed by the board or commission] the audit with the Legislative Auditor and the [Director] Chief of the Budget Division of the Department of Administration on or before December 1 [of each year in which an audit is conducted. All audits] following the end of that fiscal year.

      2.  In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board or commission may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering two successive fiscal years. If such an audit is conducted, the board or commission shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of the second fiscal year.

      3.  The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board or commission that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

      [3.  The]

      4.  Whether or not a board or commission is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, it shall also determine who is to pay the cost of the audit.

      5.  A person who is a state officer or employee of a board or commission is guilty of nonfeasance if the person:

      (a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and


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ê2003 Statutes of Nevada, Page 1201 (Chapter 213, SB 310)ê

 

maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and

      (b) Knowingly fails to prepare the balance sheet or have the audit conducted pursuant to this section or knowingly fails to prepare or maintain the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section.

      6.  In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits his state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.

      Sec. 46.  As soon as practicable after October 1, 2003, the Governor shall appoint to the State Board of Osteopathic Medicine pursuant to:

      1.  Subsection 2 of NRS 633.191, one member whose term expires on September 30, 2006.

      2.  Subsection 1 of NRS 633.191, one member whose term expires on September 30, 2007.

      Sec. 47.  1.  The amendatory provisions of this act do not abrogate or affect the current term of office of any member of a board or commission who is serving in that term on October 1, 2003.

      2.  Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, has a valid contract with a board or commission to perform any services as an independent contractor and the contract would otherwise violate the amendatory provisions of this act, the person may continue to perform those services for the board or commission under the terms of the contract in existence on October 1, 2003, for the remaining term of the contract.

      3.  Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, is employed by a board or commission as an executive director or executive secretary or in a position with powers or duties similar to those of an executive director or executive secretary and the person does not possess the level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position in accordance with the amendatory provisions of this act, the board or commission may continue to employ the person in the position until July 1, 2005, without the person complying with the amendatory provisions of this act.

      Sec. 48.  NRS 622.010 is hereby repealed.

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ê2003 Statutes of Nevada, Page 1202ê

 

CHAPTER 214, SB 313

Senate Bill No. 313–Senator Raggio

 

CHAPTER 214

 

AN ACT relating to taxation; clarifying the provisions governing the administration of the sales and use taxes on the sale or lease of a motor vehicle to a governmental entity; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 372.7283 is hereby amended to read as follows:

      372.7283  In administering the provisions of NRS 372.325, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities, to include [all] :

      1.  All tangible personal property that is transferred for use by a state entity in accordance with an agreement executed pursuant to NRS 353.500 to 353.630, inclusive [.] ; and

      2.  Any type of motor vehicle that is transferred for use by a state entity or a county, city, district or other local entity, whether by sale or lease and regardless of whether title to the vehicle passes to the state or local entity at any time during the use of the vehicle.

      Sec. 2.  NRS 374.729 is hereby amended to read as follows:

      374.729  In administering the provisions of NRS 374.330, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities, to include [all] :

      1.  All tangible personal property that is transferred for use by a state entity in accordance with an agreement executed pursuant to NRS 353.500 to 353.630, inclusive [.] ; and

      2.  Any type of motor vehicle that is transferred for use by a state entity or a county, city, district or other local entity, whether by sale or lease and regardless of whether title to the vehicle passes to the state or local entity at any time during the use of the vehicle.

      Sec. 3.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 1203ê

 

CHAPTER 215, SB 315

Senate Bill No. 315–Committee on Judiciary

 

CHAPTER 215

 

AN ACT relating to tobacco; providing that cigarette vending machines may be placed in a public area only if persons who are under 21 years of age are prohibited from loitering in that area pursuant to certain statutes; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.2494 is hereby amended to read as follows:

      202.2494  1.  A cigarette vending machine [must not] may be placed in a public area [described in paragraph (a), (c), (e), (f), (g) or (h) of subsection 1 of NRS 202.2491, if minors are permitted access to that area.] only if persons who are under 21 years of age are prohibited from loitering in that area pursuant to NRS 202.030 or 463.350.

      2.  A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco.

________

 

CHAPTER 216, SB 322

Senate Bill No. 322–Senator Shaffer (by request)

 

CHAPTER 216

 

AN ACT relating to motor carriers; revising provisions relating to self-insurance for taxicabs regulated by the Taxicab Authority; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8828 is hereby amended to read as follows:

      706.8828  1.  [A] Except as otherwise provided in subsection 4, a certificate holder shall file with the Administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.

      2.  The insurance policy specified in subsection 1 must:

      (a) Provide the following coverage:

 

For injury to one person in any one accident......................................... $100,000

For injury to two or more persons in any one accident.......................... 300,000

For property damage in any one accident.................................................. 10,000

 

      (b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days’ written notice to the certificate holder and Administrator; and


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ê2003 Statutes of Nevada, Page 1204 (Chapter 216, SB 322)ê

 

      (c) Contain such other provisions concerning notice as may be required by law to be given to the certificate holder.

      3.  If an insurance policy is cancelled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.

      4.  A certificate holder to whom the Department of Motor Vehicles has issued a certificate of self-insurance may self-insure [the first $50,000, combined single-limit, per accident, of] the coverage required by subsection 2.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 217, SB 362

Senate Bill No. 362–Senators Titus and Care

 

CHAPTER 217

 

AN ACT relating to transportation; requiring the Las Vegas Monorail Company to provide certain financial reports to the Legislative Commission; authorizing the Legislative Commission to direct the Legislative Auditor to conduct an audit of the Las Vegas Monorail Company under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Las Vegas Monorail Company shall provide a copy of its annual audited financial statement to the Legislative Commission. The financial statement must be prepared in accordance with generally accepted accounting principles, and the audit must be conducted in accordance with generally accepted auditing standards applicable to entities such as the Las Vegas Monorail Company.

      2.  In the event that the Las Vegas Monorail Company does not provide a copy of its annual audited financial statement to the Legislative Commission within 6 months after the end of the fiscal year of the Company, the Legislative Commission may direct the Legislative Auditor to conduct an audit of the Company. The Legislative Auditor shall provide written notice to the Company at least 30 days before beginning any such audit.

      3.  To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to any audit conducted pursuant to this section.

      4.  The Las Vegas Monorail Company shall provide an annual performance report to the Legislative Commission. The performance report must accompany the annual audited financial statement submitted to the Legislative Commission pursuant to subsection 1. The performance report must include the following information that is provided to the public bondholders:

      (a) The monorail budget as approved by the Governor;

      (b) Construction progress and change order status, including expansion plans;


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ê2003 Statutes of Nevada, Page 1205 (Chapter 217, SB 362)ê

 

      (c) Systems operations and security;

      (d) Intergovernmental coordination;

      (e) The minutes of the annual public hearing;

      (f) Pending litigation updates;

      (g) An administrative update; and

      (h) The oversight consultant’s report on construction progress.

      Sec. 2.  1.  Upon the request of the Legislative Auditor, the Las Vegas Monorail Company shall transfer to the Audit Division of the Legislative Counsel Bureau the sum of $50,000 to carry out the provisions of section 1 of this act if the Legislative Commission directs the Legislative Auditor to conduct an audit pursuant to section 1 of this act.

      2.  If such a transfer occurs, any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after 1 year following the date of the transfer and must be transferred to the Las Vegas Monorail Company as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on July 1, 2003, and expires by limitation on July 1, 2008.

________

 

CHAPTER 218, SB 363

Senate Bill No. 363–Senator Titus

 

CHAPTER 218

 

AN ACT relating to regulation of motor vehicles; exempting electric personal assistive mobility devices from regulation as motor vehicles; including persons on such devices or in wheelchairs within the definition of “pedestrian” for the purposes of traffic laws; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Electric personal assistive mobility device” means a self-balancing, two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

      Sec. 2.  NRS 482.135 is hereby amended to read as follows:

      482.135  [1.]  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, [excepting devices] except:

      1.  Devices moved by human power or used exclusively upon stationary rails or tracks [.

      2.  The term does not include mobile] ;

      2.  Mobile homes or commercial coaches as defined in chapter 489 of NRS [.] ; and

      3.  Electric personal assistive mobility devices.


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ê2003 Statutes of Nevada, Page 1206 (Chapter 218, SB 363)ê

 

      Sec. 3.  NRS 483.190 is hereby amended to read as follows:

      483.190  “Vehicle” means every device in, upon [,] or by which any person or property is or may be transported or drawn upon a public highway, [excepting devices] except:

      1.  Devices moved by human power or used exclusively upon stationary rails or tracks [.] ; and

      2.  Electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 4.  NRS 484.111 is hereby amended to read as follows:

      484.111  “Pedestrian” means [any] a person afoot [.] , a person in a manual or motorized wheelchair, or a person on an electric personal assistive mobility device as defined in section 1 of this act.

      Sec. 5.  NRS 484.217 is hereby amended to read as follows:

      484.217  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except [devices] :

      1.  Devices moved by human power or used exclusively upon stationary rails [.] ; and

      2.  Electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 6.  NRS 485.050 is hereby amended to read as follows:

      485.050  “Motor vehicle” means every self-propelled vehicle which is designed for use upon a highway, including [trailers] :

      1.  Trailers and semitrailers designed for use with such vehicles , [(] except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers [), and every] ; and

      2.  Every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

The term does not include electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 7.  NRS 100.095 is hereby amended to read as follows:

      100.095  As used in NRS 100.095 to 100.175, inclusive:

      1.  “Commercial vehicle lease” means a bailment or lease of a single vehicle by a person for a period of more than 4 months for a total contractual obligation not exceeding $25,000, primarily for business or commercial purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the termination or expiration of the lease. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal. The term does not include a bailment or lease where the lessee contracts to pay as compensation for use of the vehicle a sum substantially equivalent to or in excess of the capitalized cost of the vehicle and it is agreed that the lessee may become the owner for no other consideration or for a nominal consideration.

      2.  “Person” includes any governmental entity.

      3.  “Vehicle” means every device in, upon or by which any person or property is or may be transported upon a public highway, except devices:

      (a) Moved by human power;

      (b) Used exclusively upon stationary rails or tracks; or


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ê2003 Statutes of Nevada, Page 1207 (Chapter 218, SB 363)ê

 

      (c) Having a gross vehicle weight of more than 10,000 pounds, exclusive of the weight of any slide-in camper as defined in NRS 482.113 which may be on it.

The term does not include electric personal assistive mobility devices as defined in section 1 of this act.

      4.  “Vehicle lease” means a bailment or lease of a single vehicle by a person for a period of more than 4 months where the lessee’s obligation upon termination or expiration of the lease is based on the excess of the unamortized capitalized cost of the vehicle over its residual value as established pursuant to the provisions of NRS 100.145. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal.

      Sec. 8.  NRS 444A.017 is hereby amended to read as follows:

      444A.017  “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon land. The term does not include:

      1.  Devices moved by human or electrical power;

      2.  Commercial coaches as defined in NRS 489.062;

      3.  Electric personal assistive mobility devices as defined in section 1 of this act; and

      [3.] 4.  Mobile homes as defined in NRS 489.120.

      Sec. 9.  NRS 445B.745 is hereby amended to read as follows:

      445B.745  “Motor vehicle” means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except [devices] :

      1.  Devices moved by human or animal power or used exclusively on stationary rails [.] ; and

      2.  Electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 10.  NRS 646.006 is hereby amended to read as follows:

      646.006  “Motor vehicle” means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property. The term does not include electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 11.  NRS 647.0191 is hereby amended to read as follows:

      647.0191  1.  A junk dealer or secondhand dealer may not, as part of his business as a junk dealer or secondhand dealer, buy a motor vehicle from a person and sell the motor vehicle to the same person.

      2.  As used in this section, “motor vehicle” means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property. The term does not include electric personal assistive mobility devices as defined in section 1 of this act.

      Sec. 12.  NRS 706.146 is hereby amended to read as follows:

      706.146  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails. The term does not include electric personal assistive mobility devices as defined in section 1 of this act.

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ê2003 Statutes of Nevada, Page 1208ê

 

CHAPTER 219, SB 373

Senate Bill No. 373–Senator Schneider

 

CHAPTER 219

 

AN ACT relating to intoxicating liquor; revising certain provisions governing the importation of liquor by a common or contract carrier; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 369.450 is hereby amended to read as follows:

      369.450  1.  [The Department shall make regulations and provide forms for distribution free of charge to all persons qualified as importers of liquor, to be filled out by exporters and carriers of liquor consigned to points in this state as evidence for consideration respecting the legality of such transactions.

      2.]  Every common carrier [by special permit shall have with his or its agent or servant in immediate charge, or in the records of the carrier, of every shipment of liquor into this state,] and every regularly operating contract carrier shall make available to the Department a statement or freight bill for every shipment of liquor into this state, showing:

      (a) The names of the consignor, consignee and carrier [.] of the shipment;

      (b) The date when and place where the shipment was received [.] ; and

      (c) The destination [.

      (d) The number identifying the railroad car, truck or other conveyance used.

      (e) The quantity and kind of liquor in the shipment, as the case may be, according to the designation of kind and quantity of liquor appearing on the statement or freight bill.

      3.] of the shipment.

      2.  The Department may [make rules requiring the carrier to cause the consignee to sign a statement or a postcard, which statement or postcard shall be furnished by the Department to the carrier without expense,] adopt regulations requiring:

      (a) The carrier to:

             (1) Cause a person who is at least 21 years of age to sign for the receipt of each such shipment by the consignee, and to sign a document confirming the delivery of the shipment to the consignee, before the carrier permits the consignee to remove [any such] the shipment from the point of destination or possession of the carrier [, and to cause the carrier to forward such statement or postcard to the Department after having been so signed by the consignee.

      4.] ; and

             (2) Forward to the consignor the signed document confirming the delivery of the shipment to the consignee; and

      (b) The consignor to forward to the Department the signed document confirming the delivery of the shipment to the consignee.


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ê2003 Statutes of Nevada, Page 1209 (Chapter 219, SB 373)ê

 

      3.  No liquor [shall] may be imported into this state except by a common carrier, a regularly operating contract carrier [regularly operating as such,] or a carrier having a special permit [so to do in the case of each shipment.

      5.] to do so.

      4.  By special permit, the Department may authorize the transportation of liquor within this state by means of a conveyance owned and operated by a licensed importer, or a conveyance owned and operated by another, not being a common carrier or a regularly operating contract carrier. As a condition of such permit the Department may require that a sign be carried on such conveyance in letters at least 3 inches high, stating that [such] the conveyance is carrying wholesale liquor by special permit. Such carriers by special permit [shall be governed by] are subject to the same rules respecting reports and deliveries of import liquors as [in the case of] are common carriers and regularly operating contract carriers.

      5.  As used in this section:

      (a) “Common carrier” means a person who undertakes for hire, as a regular business, the transportation of liquor from place to place, and who offers its services to all who choose to employ it and to pay its charges therefor.

      (b) “Regularly operating contract carrier” means a person who, as a regular business, transports liquor from place to place pursuant to continuing contractual obligations.

      Sec. 2.  NRS 369.4865 is hereby amended to read as follows:

      369.4865  1.  A retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

      (a) Each retail liquor store:

             (1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and

             (2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;

      (b) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter;

             (2) Is an affiliate of the retail liquor store that receives the transfer; and

             (3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;

      (c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and

      (d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.

      2.  A transfer authorized by this section shall not be deemed a sale.

      3.  A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

      (a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.

      (b) Notwithstanding the provisions of subsection [5] 4 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.


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ê2003 Statutes of Nevada, Page 1210 (Chapter 219, SB 373)ê

 

to the other retail liquor store without a special permit for such transportation.

      4.  As used in this section:

      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

      (b) “Liquor” does not include beer.

      (c) “Marketing area” has the meaning ascribed to it in NRS 597.136.

      (d) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

________

 

CHAPTER 220, SB 378

Senate Bill No. 378–Committee on Judiciary

 

CHAPTER 220

 

AN ACT relating to insurance; revising provisions relating to the notice that must be provided when an insurer cancels or refuses to renew a policy of insurance issued to a common-interest community; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.31133 is hereby amended to read as follows:

      116.31133  1.  Insurance policies carried pursuant to NRS 116.3113 must provide to the extent reasonably available that:

      (a) Each unit’s owner is an insured person under the policy with respect to liability arising out of his interest in the common elements or membership in the association;

      (b) The insurer waives its right to subrogation under the policy against any unit’s owner or member of his household;

      (c) No act or omission by any unit’s owner, unless acting within the scope of his authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and

      (d) If, at the time of a loss under the policy, there is other insurance in the name of a unit’s owner covering the same risk covered by the policy, the association’s policy provides primary insurance.

      2.  Any loss covered by the property policy under subsections 1 and 2 of NRS 116.3113 must be adjusted with the association, but the proceeds for that loss are payable to any trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The trustee or the association shall hold any proceeds in trust for the association, units’ owners and lienholders as their interests may appear. Subject to the provisions of NRS 116.31135, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the association, units’ owners, and [liens holders] lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the common-interest community is terminated.

      3.  An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit’s owner or holder of a security interest.


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ê2003 Statutes of Nevada, Page 1211 (Chapter 220, SB 378)ê

 

written request, to any unit’s owner or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association [, each unit’s owner and each holder of a security interest] and to any person to whom a certificate or memorandum of insurance has been issued at their respective last known addresses.

________

 

CHAPTER 221, SB 383

Senate Bill No. 383–Senator Shaffer

 

CHAPTER 221

 

AN ACT relating to the protection of children; expanding the provisions governing the persons who are required to report the abuse or neglect of children to include any adult person who is employed by an entity that provides organized activities for children; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;


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ê2003 Statutes of Nevada, Page 1212 (Chapter 221, SB 383)ê

 

medical technician or other person providing medical services licensed or certified in this state;

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;

      (c) A coroner;

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;

      (e) A social worker and an administrator, teacher, librarian or counselor of a school;

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;

      (g) Any person licensed to conduct a foster home;

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect;

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met; [and]

      (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422 [.] ; and

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      Sec. 2.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 1213ê

 

CHAPTER 222, SB 387

Senate Bill No. 387–Senator Titus

 

CHAPTER 222

 

AN ACT relating to drugs; requiring the Board of Medical Examiners and the State Board of Pharmacy to post on the Internet certain information relating to manufacturers of drugs; revising provisions relating to the substitution of generic drugs for drugs prescribed by brand name; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board shall post on a website or other Internet site that is operated or administered by or on behalf of the Board:

      1.  A general description of the basic elements of the Compliance Program Guidance for Pharmaceutical Manufacturers that is published by the Office of Inspector General of the United States Department of Health and Human Services, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained;

      2.  A general description of the process for reporting unlawful or unethical conduct by pharmaceutical manufacturers to the Office of Inspector General, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained; and

      3.  A current telephone number for the Office of Inspector General.

      Sec. 2.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board shall post on a website or other Internet site that is operated or administered by or on behalf of the Board:

      1.  A general description of the basic elements of the Compliance Program Guidance for Pharmaceutical Manufacturers that is published by the Office of Inspector General of the United States Department of Health and Human Services, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained;

      2.  A general description of the process for reporting unlawful or unethical conduct by pharmaceutical manufacturers to the Office of Inspector General, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained; and

      3.  A current telephone number for the Office of Inspector General.

      Sec. 3.  NRS 639.2583 is hereby amended to read as follows:

      639.2583  [If]

      1.  Except as otherwise provided in this section, if a practitioner has prescribed a drug by brand name and the practitioner has not indicated , by a method set forth in subsection 5, that a substitution is prohibited, [a pharmacist:


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ê2003 Statutes of Nevada, Page 1214 (Chapter 222, SB 387)ê

 

method set forth in subsection 5, that a substitution is prohibited, [a pharmacist:

      1.  Shall, in a case where he is being paid for the drug by a governmental agency; and

      2.  May, in any other case, fill] the pharmacist who fills or refills the prescription [with] shall dispense, in substitution, another drug which is available to him [, is] if the other drug:

      (a) Is less expensive than the drug prescribed [, is] by brand name;

      (b) Is biologically equivalent [, has] to the drug prescribed by brand name;

      (c) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and [is]

      (d) Is of the same generic type as the drug prescribed [. The pharmacist may also make such a substitution if the prescription was written] by brand name.

      2.  If the pharmacist has available to him more than one drug that may be substituted for the drug prescribed by brand name, the pharmacist shall dispense, in substitution, the least expensive of the drugs that are available to him for substitution.

      3.  Before a pharmacist dispenses a drug in substitution for a drug prescribed by brand name, the pharmacist shall:

      (a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug in substitution; and

      (b) Advise the person that he may refuse to accept the drug that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.

      4.  If a person refuses to accept the drug that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name, unless the pharmacist is being paid for the drug by a governmental agency, in which case the pharmacist shall dispense the drug in substitution.

      5.  A pharmacist shall not dispense a drug in substitution for a drug prescribed by brand name if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:

      (a) By oral communication to the pharmacist at any time before the drug is dispensed.

      (b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words “Dispense as Written” if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.

      (c) By including the words “Dispense as Written” in any prescription that is given to the pharmacist by electronic transmission pursuant to the regulations of the Board, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.

      6.  The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this state [and indicates] if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution [may be made.]


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ê2003 Statutes of Nevada, Page 1215 (Chapter 222, SB 387)ê

 

practitioner has not indicated, by a method set forth in subsection 5, that a substitution [may be made.] is prohibited.

      7.  The provisions of this section do not apply to:

      (a) A prescription drug that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;

      (b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter; or

      (c) A prescription drug that is dispensed to any person by a pharmacist if the substitution:

             (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs; or

             (2) Would otherwise make the transaction ineligible for reimbursement by a third party.

      Sec. 4.  NRS 639.2589 is hereby amended to read as follows:

      639.2589  1.  The form used for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the [prescriber, the printed words “dispense only as written” and a box near that statement for the purpose of indicating that a substitution may not be made.] practitioner.

      2.  Substitutions may be made in filling prescriptions contained in the orders of a physician, or of an advanced practitioner of nursing who is a practitioner, in a facility for skilled nursing or facility for intermediate care. [Each page of the document which contains the order must be printed with the words: “The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here” and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.]

      3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      Sec. 5.  NRS 639.259 is hereby amended to read as follows:

      639.259  No employer of a pharmacist may require the pharmacist to dispense any specific generic drug in substitution for another drug if [:] the:

      1.  Substitution is not permitted by the prescription as signed by a practitioner; [or]

      2.  Substitution would be against the professional judgment of the pharmacist [.] ; or

      3.  Substitution would violate any provision of NRS 639.2583 to 639.2599, inclusive.

      Sec. 6.  NRS 639.2585 is hereby repealed.

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ê2003 Statutes of Nevada, Page 1216ê

 

CHAPTER 223, SB 396

Senate Bill No. 396–Committee on Finance

 

CHAPTER 223

 

AN ACT making a supplemental appropriation to the Health Division of the Department of Human Resources for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the increased cost of the maintenance of effort requirement for the Substance Abuse and Treatment Block Grant; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Health Division of the Department of Human Resources the sum of $38,915 for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the increased cost of the maintenance of effort requirement for the Substance Abuse and Treatment Block Grant. This appropriation is supplemental to that made by section 19 of chapter 570, Statutes of Nevada 2001, at page 2861.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 224, SB 401

Senate Bill No. 401–Committee on Finance

 

CHAPTER 224

 

AN ACT relating to state parks; requiring certain money received from the rental and lease of concessions located on property within a state park or property controlled or administered by the Division of State Parks of the State Department of Conservation and Natural Resources to be deposited in the Account for Maintenance of State Parks within the Division of State Parks; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) May establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.


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ê2003 Statutes of Nevada, Page 1217 (Chapter 224, SB 401)ê

 

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

      (d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this state to any person who is 65 years of age or older and has resided in this state for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation. [Rental and lease payments must be deposited in the State General Fund.]

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

      2.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d) , [and] (e) and (f) of subsection 1 must be deposited in the State General Fund.

      Sec. 2.  NRS 407.0762 is hereby amended to read as follows:

      407.0762  1.  The Account for Maintenance of State Parks within the Division of State Parks is hereby created in the State General Fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to paragraphs (d) , [and] (e) and (f) of subsection 1 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the Division’s budget for the fiscal year beginning in that calendar year, must be deposited in the Account. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

      3.  The money deposited in the Account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.

      4.  Before the Administrator may expend money pursuant to subsection 3:

      (a) For emergency repairs and projects with a cost of less than $25,000, he must first receive the approval of the Director.


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ê2003 Statutes of Nevada, Page 1218 (Chapter 224, SB 401)ê

 

      (b) For projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the Director and of the Interim Finance Committee.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 225, SB 405

Senate Bill No. 405–Committee on Transportation

 

CHAPTER 225

 

AN ACT relating to motor vehicles; allowing certain owners of fleets of motor vehicles to apply for participation in the program allowing the electronic submission and storage of certain documents relating to the registration and ownership of motor vehicles; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

      Whereas, For some time, the Nevada Legislature has been working with the Department of Motor Vehicles to simplify and make more streamlined the process by which residents and businesses of this state are able to register and title their motor vehicles; and

      Whereas, The current process for registering and titling multiple motor vehicles is a time-consuming and onerous process for persons who own fleets composed of numerous motor vehicles; and

      Whereas, The Nevada Legislature has already enacted legislation allowing the Department of Motor Vehicles to establish a program pursuant to which financial institutions, new vehicle dealers and used vehicle dealers may be eligible to, on behalf of their customers, submit to the Department by electronic means certain documents relating to the registration and ownership of motor vehicles; and

      Whereas, The study conducted during the 2001-2002 legislative interim on matters relating to competition between local governments and private enterprises concluded that it would be advisable to enact legislation facilitating the electronic submission of documents relating to the registration and ownership of motor vehicles by owners of fleets of motor vehicles; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.292 is hereby amended to read as follows:

      482.292  As used in this section and NRS 482.293 and 482.294, unless the context otherwise requires, “document” means an application, notice, report, statement or other record relating to the issuance or renewal of a certificate of registration, or the issuance of a certificate of ownership , pursuant to this chapter . [by financial institutions, new vehicle dealers and used vehicle dealers on behalf of their customers.]

      Sec. 2.  NRS 482.293 is hereby amended to read as follows:

      482.293  1.  The Department may establish a program for the electronic submission and storage of documents.

      2.  If the Department establishes a program pursuant to subsection 1:


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ê2003 Statutes of Nevada, Page 1219 (Chapter 225, SB 405)ê

 

      (a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

have been executed and submitted to the Department.

      (b) The Department shall allow only the following persons to apply for participation in the program:

             (1) Financial institutions, new vehicle dealers and used vehicle dealers, for the purpose of submitting documents by electronic means to the Department on behalf of their customers.

             (2) Owners of fleets composed of 10 or more vehicles.

      (c) The Department shall adopt regulations to carry out the program.

      3.  The regulations required to be adopted pursuant to paragraph [(b)] (c) of subsection 2 must include, without limitation:

      (a) The type of electronic transmission that the Department will accept for the program.

      (b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.

      (c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.

      (d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration, certificate of ownership and certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.

      (e) The terms and conditions for participation in the program and any restrictions on the participation.

      (f) The contents of a written agreement that must be on file with the Department [pursuant to subsection 2 of NRS 482.294] before a participant may submit a document by electronic means to the Department. Such written agreement must include, without limitation:

             (1) An assurance that each document submitted by electronic means contains all the information that is necessary to complete the transaction for which the document is submitted;

             (2) Certification that all the information contained in each document that is submitted by electronic means is truthful and accurate;

             (3) An assurance that the participant who submits a document by electronic means will maintain all information and records that are necessary to support the document; and

             (4) The signature of the participant who files the written agreement with the Department.

      (g) The conditions under which the Department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.

      (h) The method by which the Department will store documents that are submitted to it by electronic means.

      (i) The required technology that is necessary to carry out the program.

      (j) Any other regulations that the Department determines necessary to carry out the program.


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ê2003 Statutes of Nevada, Page 1220 (Chapter 225, SB 405)ê

 

      (k) Procedures to ensure compliance with:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.

      4.  The Department may accept gifts and grants from any source, including, without limitation, donations of materials, equipment and labor, for the establishment and maintenance of a program pursuant to this section.

      Sec. 3.  NRS 482.294 is hereby amended to read as follows:

      482.294  1.  If the Department approves an application for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration, certificate of ownership or certificate of title.

      2.  If the signature of a natural person is required pursuant to this chapter on a document that is submitted by electronic means, the Department may waive that requirement :

      (a) In the case of a participant who is a financial institution, new vehicle dealer or used vehicle dealer, if the participant who submitted the document on behalf of that person complies with all requirements of this program.

      (b) In the case of a participant who is an owner of a fleet composed of 10 or more vehicles, if the participant complies with all requirements of this program.

      3.  Notwithstanding any other provision of law to the contrary, a document that is submitted by electronic means pursuant to subsection 1, if accepted by the Department, shall be deemed an original document in administrative proceedings, quasi-judicial proceedings and judicial proceedings.

________

 

CHAPTER 226, SB 408

Senate Bill No. 408–Committee on Finance

 

CHAPTER 226

 

AN ACT making a supplemental appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for an unanticipated shortfall in Fiscal Year 2002-2003 for a shortfall in revenue collections and expenditures relating to psychiatric services at rural clinics; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $740,598 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for a shortfall in revenue collections and expenditures relating to psychiatric services at rural clinics.


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ê2003 Statutes of Nevada, Page 1221 (Chapter 226, SB 408)ê

 

collections and expenditures relating to psychiatric services at rural clinics. This appropriation is supplemental to that made by section 19 of chapter 570, Statutes of Nevada 2001, at page 2861.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 227, SB 410

Senate Bill No. 410–Committee on Finance

 

CHAPTER 227

 

AN ACT making a supplemental appropriation to the Department of Motor Vehicles for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from certain increased costs; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $370,000 for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from increased postage and mailing costs, increased costs relating to maintenance agreements on microfilm machines, increased costs of microfilming paid to the State for micrographic services and increased costs paid to the American Association of Motor Vehicle Administrators for access to national driver’s license information. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 228, SB 422

Senate Bill No. 422–Committee on Commerce and Labor

 

CHAPTER 228

 

AN ACT relating to service stations; revising certain provisions relating to the operation of service stations by a refiner; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 597.440 is hereby amended to read as follows:

      597.440  [1.  Except as otherwise provided in this section and NRS 597.443 and 597.446, on or after July 1, 1997, a refiner may commence, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, the direct operation of the following number of additional service stations during the calendar years so indicated:


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ê2003 Statutes of Nevada, Page 1222 (Chapter 228, SB 422)ê

 

      (a) By the end of calendar year 1997, a total of two service stations in addition to the number of service stations directly operated by the refiner on July 1, 1997.

      (b) By the end of calendar year 1998, a total of six additional service stations in addition to the number of service stations directly operated by the refiner on July 1, 1997.

      (c) By the end of calendar year 1999, a total of 10 additional service stations in addition to the number of service stations directly operated by the refiner on July 1, 1997.

      (d) After the end of calendar year 1999, a total of 15 additional service stations in addition to the number of service stations directly operated by the refiner on July 1, 1997.

      2.]  On or after January 1, 2001, a refiner who engages in the direct operation of:

      [(a)] 1.  Less than 30 service stations in this state, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of not more than [five] 5 additional service stations per calendar year, but in no case may he commence the direct operation of more than 30 service stations without complying with the provisions of [paragraph (b).

      (b)] subsection 2.

      2.  At least 30 service stations in this state, with his own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of additional service stations per year, with his own employees or through a subsidiary or commissioned agent or person on the basis of a fee, only if, during the year in which the service stations are added, he leases, in addition to the number of service stations leased by the refiner to lessee dealers on July 1, 1997, at least [one] 1 additional service station to a lessee dealer for every [two] 2 directly operated service stations added. For the purposes of this [paragraph,] subsection, an additional service station leased by the refiner to a lessee dealer before the refiner engages in the direct operation of at least 30 service stations shall be deemed to be [one] 1 service station leased to a lessee dealer during any year following the year in which the refiner engages in the direct operation of at least 30 service stations.

      [3.  A refiner may operate a service station for not more than 90 days if the:

      (a) Retailer voluntarily terminates or agrees not to renew the franchise; or

      (b) Franchise is terminated by the refiner pursuant to NRS 597.270 to 597.470, inclusive.]

      Sec. 2.  NRS 597.450 is hereby amended to read as follows:

      597.450  1.  If a refiner is unable to commence the direct operation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the service station temporarily for not more than 180 days if:

      (a) The retailer voluntarily terminates or agrees not to renew the franchise for the service station; or

      (b) The franchise for the service station is terminated by the refiner pursuant to NRS 597.270 to 597.470, inclusive.

      2.  During the temporary operation of a service station by a refiner, the refiner may sell motor vehicle fuel to other retailers in the marketing area of that service station at a price not less than 4 cents below the retail price of fuel at the service station he is operating.


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ê2003 Statutes of Nevada, Page 1223 (Chapter 228, SB 422)ê

 

that service station at a price not less than 4 cents below the retail price of fuel at the service station he is operating.

      Sec. 3.  NRS 597.443 and 597.446 are hereby repealed.

________

 

CHAPTER 229, SB 427

Senate Bill No. 427–Committee on Commerce and Labor

 

CHAPTER 229

 

AN ACT relating to veterinarians; eliminating the requirement that a complaint filed with the Nevada State Board of Veterinary Medical Examiners must be verified; revising provisions governing the educational requirements for a license to practice veterinary medicine; eliminating the requirement that an application for the renewal of a license must be notarized; revising the procedure for the disposition of complaints filed with the Board; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 638.013 is hereby amended to read as follows:

      638.013  “Veterinary technician” means a person who is [formally:] :

      1.  Licensed by the Board pursuant to NRS 638.122; and

      2.  Formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.

      Sec. 2.  NRS 638.020 is hereby amended to read as follows:

      638.020  1.  The Nevada State Board of Veterinary Medical Examiners is hereby created.

      2.  The Board consists of seven members appointed by the Governor.

      3.  Six of the members must:

      (a) Be residents of the State of Nevada.

      (b) Be graduates of a veterinary college [approved] accredited by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the [private] practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

      4.  One member appointed by the Governor must be a representative of the general public.

      5.  Any member may be removed from the Board by the Governor for good cause.

      Sec. 3.  NRS 638.060 is hereby amended to read as follows:

      638.060  1.  The Board shall meet at least annually and on the call of the President or any four of its members.

      2.  Four members of the Board constitute a quorum [.] , and a quorum is necessary to conduct the business of the Board. Any action taken by the Board must be approved by at least a majority of the members present at a hearing or meeting of the Board.


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ê2003 Statutes of Nevada, Page 1224 (Chapter 229, SB 427)ê

 

      Sec. 4.  NRS 638.087 is hereby amended to read as follows:

      638.087  1.  The Board shall keep a record of:

      (a) All charges filed against a licensee;

      (b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

      (c) Any order filed by the Board; and

      (d) All licenses issued by the Board including the name of the holder of the license, his business [and residential addresses,] address, the date the license was issued and the [serial] number of the license.

      2.  The records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

      Sec. 5.  NRS 638.100 is hereby amended to read as follows:

      638.100  1.  Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

      2.  The application must include the social security number of the applicant and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character;

      (b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine [within the United States or Canada] that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine [located outside the United States or Canada,] that is not accredited by the Council on Education of the American Veterinary Medical Association, that he has received an educational certificate issued [after December 31, 1972,] by the Educational [Committee on] Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association [;] or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association;

      (c) Has passed each examination required by the Board pursuant to NRS 638.110; and

      (d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      3.  A veterinary student in his final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue him a license until he has complied with the requirements of subsection 2.

      4.  The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.

      5.  The Board may refuse to issue a license [upon satisfactory proof that the] if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

      6.  If an applicant brings a civil action against the Board for denial of a license and the decision of the Board is upheld, the Board may recover all administrative expenses and attorney’s fees and costs incurred by the Board in defending the action brought against it.


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ê2003 Statutes of Nevada, Page 1225 (Chapter 229, SB 427)ê

 

administrative expenses and attorney’s fees and costs incurred by the Board in defending the action brought against it.

      Sec. 6.  NRS 638.123 is hereby amended to read as follows:

      638.123  1.  Each applicant for a license as a veterinary technician must pass:

      (a) The state examination administered by the Board; and

      (b) The [national] Veterinary Technician National Examination [administered by the American Veterinary Medical Association ; and

      (c) Any] or any other examination [required] approved by the Board . [which has been approved by the Board or the American Veterinary Medical Association.]

      2.  The Board may supplement the written examination required by this section with oral interviews and practical demonstrations as the Board considers necessary.

      3.  The Board shall adopt regulations prescribing the requirements for examination.

      Sec. 7.  NRS 638.127 is hereby amended to read as follows:

      638.127  1.  On or before November 15 of each year, the Executive Director shall mail to each person licensed under the provisions of this chapter an application form for the renewal of his license.

      2.  Each applicant for renewal must complete the form and return it to the Executive Director, accompanied by the statement required pursuant to NRS 638.103, the renewal fee and full payment of all fines which he owes to the Board, on or before January 1 of each year. Each application for renewal must be signed by the applicant . [and notarized.] The renewal fee for licensees and persons on inactive status must be in an amount determined by the Board.

      3.  Upon receipt of the application and statement and payment of the renewal fee and all fines owed, the Board shall issue to that person a certificate of renewal.

      4.  Any person who fails to renew his license on or before March 1 of each year forfeits his license.

      5.  When a person has forfeited his license in the manner provided in subsection 4, the Board may reinstate the license and issue a certificate of renewal upon receipt of the statement required pursuant to NRS 638.103 and payment of:

      (a) The renewal fee;

      (b) All fines owed; and

      (c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after January 1.

      6.  If a licensee does not practice for more than 12 consecutive months, the Board may require him to take an examination to determine his competency before renewing his license.

      7.  If a licensee does not renew his license and he is licensed to practice in another state or territory of the United States, the Board may not issue him a license to practice in the State by reciprocity. Such a licensee must reinstate his license in the manner prescribed by the Board.

      Sec. 8.  NRS 638.1413 is hereby amended to read as follows:

      638.1413  1.  The Board or any of its members who becomes aware of any fact which may be any one or a combination of the grounds for initiating disciplinary action shall, and any other person who is so aware may, file with the Board a [verified] written complaint specifying the relevant facts.


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ê2003 Statutes of Nevada, Page 1226 (Chapter 229, SB 427)ê

 

      2.  The Board may, upon its own motion, and shall, upon receipt of such a complaint, investigate the actions of any applicant for a license or any holder of a license issued pursuant to the provisions of this chapter.

      3.  The Executive Director shall send written notice by certified mail with return receipt requested to the person being investigated. The notice must contain the name of the person who filed the complaint against the licensee, the nature of the complaint and a request for any medical records the licensee may have relating to the complaint.

      Sec. 9.  NRS 638.1419 is hereby amended to read as follows:

      638.1419  [1.]  The Board shall appoint one of its members to conduct the investigation of a complaint. The member conducting the investigation may request assistance from the Attorney General or the Executive Director of the Board, and may employ investigators, professional consultants, and any other personnel necessary to conduct the investigation.

      [2.  Immediately after his appointment, the member conducting the investigation shall notify the person being investigated by telephone or by certified mail with return receipt requested. The member conducting the investigation shall describe the reasons for the investigation.]

      Sec. 10.  NRS 638.1429 is hereby amended to read as follows:

      638.1429  1.  [If] After the investigation of the complaint is completed, the member of the Board [conducting ] who conducted the investigation shall submit to the Board a written report of his findings and recommendations concerning the disposition of the complaint.

      2.  If the Board determines that there [is a reasonable basis for the complaint, he shall submit to the Board a written statement of his findings.

      2.  If the member conducting the investigation] is not sufficient evidence to believe that a licensee has committed an act which constitutes a cause for disciplinary action, the Board shall dismiss the complaint and send a written notice to the person who filed the complaint and the licensee who was the subject of the investigation that the complaint was dismissed.

      3.  If the Board determines that there [is a reasonable basis for the complaint, he may:

      (a) Recommend a formal hearing. If the Board agrees with this recommendation it shall, by motion, fix] is sufficient evidence to believe that a licensee has committed an act which constitutes a ground for disciplinary action, the Board may enter into a settlement agreement with the licensee. The settlement agreement must be signed by the licensee and the President of the Board. The Board shall send a written notice of the settlement to the person who filed the complaint against the licensee. The notice must include a copy of the settlement agreement. The complaint and the settlement agreement are public records.

      4.  If the Board does not enter into a settlement agreement with the licensee, the Board shall:

      (a) Cause an accusation to be filed against the licensee. The accusation must:

             (1) Include a written statement of the charges alleged;

             (2) Set forth in ordinary and concise language the acts or omissions with which the licensee is charged;

             (3) Specify the statutes and regulations which the licensee is alleged to have violated; and

             (4) Be signed by the President of the Board.


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ê2003 Statutes of Nevada, Page 1227 (Chapter 229, SB 427)ê

 

      (b) Fix a time and place for a hearing and so notify the [person] licensee at least [20] 30 days before the date of the hearing. The notice must include a copy of the [statement of findings.

      (b) Recommend that the Board conduct an informal hearing based on the allegations in the verified complaint and the results of the investigation.

      (c) Submit his statement of findings to the person under investigation.

If he agrees in writing to the findings of the member conducting the investigation, the Board may adopt that report and take such disciplinary action as is necessary without conducting a hearing.] accusation and any disciplinary action the Board may impose pursuant to NRS 638.147.

      Sec. 11.  NRS 638.145 is hereby amended to read as follows:

      638.145  The Board shall not refuse to issue a license to an applicant or take any disciplinary action [except upon satisfactory proof] against a licensee unless the Board finds, by a preponderance of the evidence, that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.

      Sec. 12.  NRS 638.148 is hereby amended to read as follows:

      638.148  1.  Any person against whom disciplinary action has been taken by the Board is entitled to judicial review of the Board’s order.

      2.  Every order of the Board imposing a sanction pursuant to NRS 638.147 is effective from the date the President and Executive Director certify the order until the date the order is modified or reversed by a final judgment of the court.

      [3.  The district court shall give priority to a petition for judicial review of the Board’s order over other civil matters which are not expressly given priority by law.]

      Sec. 13.  NRS 638.1515 is hereby amended to read as follows:

      638.1515  1.  In any proceeding before the Board:

      [1.] (a) Proof of actual injury need not be established where the [statement of findings charges] charge is deceptive or unethical professional conduct.

      [2.] (b) If proof of actual injury is an issue, proof of actual injury may be established by the testimony and opinion of a witness who is not an expert witness.

      (c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.

      2.  As used in this section, “actual injury” means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.

      Sec. 14.  NRS 638.1426 is hereby repealed.

________

 


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ê2003 Statutes of Nevada, Page 1228ê

 

CHAPTER 230, SB 429

Senate Bill No. 429–Committee on Commerce and Labor

 

CHAPTER 230

 

AN ACT relating to communication services; requiring certain governmental entities that sell the services of a community antenna television system to the general public to comply with certain conditions and limitations relating to the provision of those services; requiring certain governmental entities to demonstrate that they are in compliance with such conditions and limitations under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the governing body of a county or city is authorized pursuant to NRS 711.175 to sell the services of a community antenna television system to the general public, the governing body, and any entity or agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a community antenna television system in any area outside its territorial boundaries unless it:

      (a) Obtains a franchise from the appropriate governing body pursuant to NRS 711.190 for that portion of the community antenna television system which it constructs, owns, manages or operates outside its territorial boundaries; and

      (b) Complies with the same federal, state and local requirements that apply to a privately held community antenna television company with regard to that portion of the community antenna television system which it constructs, owns, manages or operates outside its territorial boundaries.

      2.  On and after October 1, 2003, if the governing body of a county or city is authorized pursuant to NRS 711.175 to sell the services of a community antenna television system to the general public, the governing body, and any entity or agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a community antenna television system in any area within its territorial boundaries which is governed by another governing body and which is served by one or more privately held community antenna television companies unless it:

      (a) Obtains a franchise from the other governing body pursuant to NRS 711.190 or enters into an interlocal agreement with the other governing body;

      (b) Is required by the franchise or interlocal agreement to comply with the same requirements that apply to the privately held community antenna television companies; and

      (c) Is prohibited by the franchise or interlocal agreement from providing the services of the community antenna television system, free of charge, to any governmental officer or employee for his personal or household use.


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ê2003 Statutes of Nevada, Page 1229 (Chapter 230, SB 429)ê

 

      Sec. 2.  NRS 711.175 is hereby amended to read as follows:

      711.175  1.  Except as otherwise provided in subsection 2 and NRS 318.1192, 318.1193 and 318.1194:

      [1.] (a) The governing body of a county whose population is 50,000 or more , and any entity or agency that is directly or indirectly controlled by such a county, shall not sell the services of a community antenna television system to the general public.

      [2.] (b) The governing body of a city whose population is 25,000 or more , and any entity or agency that is directly or indirectly controlled by such a city, shall not sell the services of a community antenna television system to the general public.

      2.  If the governing body of a county or city, or any entity or agency that is directly or indirectly controlled by such a county or city, was selling the services of a community antenna television system to the general public on April 1, 2003, it may continue to sell the services of a community antenna television system to the general public after that date, regardless of the population of the county or city.

      Sec. 3.  NRS 711.190 is hereby amended to read as follows:

      711.190  1.  Except as otherwise provided in NRS 318.1194:

      (a) A city [council] may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      2.  If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise [.] and shall enforce those terms and conditions in a nondiscriminatory manner.

      3.  A community antenna television company that is granted a franchise pursuant to this [section] chapter may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.

      4.  A local government that grants a franchise pursuant to this [section] chapter shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.

      5.  If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this [section,] chapter, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.


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ê2003 Statutes of Nevada, Page 1230 (Chapter 230, SB 429)ê

 

franchisee has not substantially complied with the terms and conditions of the franchise agreement.

      6.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.

      (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

      Sec. 4.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the governing body of a county is authorized pursuant to NRS 711.175 to sell video programming services to the general public over a community antenna television system, the governing body, and any entity or agency that is directly or indirectly controlled by the county, shall not do any of the following:

      (a) Sell such video programming services at a price that is less than the actual cost of the video programming services or sell a bundle of services containing such video programming services at a price that is less than the actual cost of the bundle of services.

      (b) Use any money from the county general fund for the provision of such video programming services over its community antenna television system.

      (c) Use its rights-of-way, its property or any special power it may possess by virtue of its status as a government or a government-owned utility to:

             (1) Create a preference or advantage for its community antenna television system; or

             (2) Impose any discriminatory burden on any privately held community antenna television company.

      2.  The provisions of this section must be enforced in the manner set forth in paragraph (c) of subsection 4 of NRS 354.624 and paragraph (c) of subsection 5 of NRS 354.624.

      3.  The provisions of this section do not create an exclusive remedy and do not abrogate or limit any other action or remedy that is available to the governing body or a privately held community antenna television company pursuant to any other statute or the common law.

      4.  As used in this section:

      (a) “Community antenna television company” has the meaning ascribed to it in NRS 711.030.

      (b) “Community antenna television system” has the meaning ascribed to it in NRS 711.040.

      (c) “Video programming services” means services which are provided over a community antenna television system and which contain:

             (1) Programming provided by a television broadcast station; or

             (2) Programming that is generally considered comparable to programming provided by a television broadcast station.

      Sec. 5.  NRS 277.045 is hereby amended to read as follows:

      277.045  1.  Except as limited by NRS 280.105 [,] and 711.175, any two or more political subdivisions of this state, including , without limitation , counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.


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ê2003 Statutes of Nevada, Page 1231 (Chapter 230, SB 429)ê

 

the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.

      2.  Every such agreement must be by formal resolution or ordinance of the governing body of each political subdivision included, and must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.

      3.  Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the money for which is not made available through grant, gift or other source.

      Sec. 6.  NRS 277.110 is hereby amended to read as follows:

      277.110  Except as limited by NRS 280.105 [:] and 711.175:

      1.  Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including, but not limited to, law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.

      2.  Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. Those agreements become effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies. If it is reasonably foreseeable that a participating public agency will be required to expend $2,000 or more to carry out such an agreement, the agreement must be in writing.

      Sec. 7.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

      2.  The annual audit of a school district must:

      (a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:

             (1) To design, construct or purchase new buildings for schools or related facilities;

             (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and


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ê2003 Statutes of Nevada, Page 1232 (Chapter 230, SB 429)ê

 

             (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards in the United States, including [,] findings on compliance with statutes and regulations and an expression of opinion on the financial statements. The Department of Taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; [and]

      (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action on the audit report for the prior year [.] ; and

      (c) If the local government is subject to the provisions of section 4 of this act, a report showing that the local government is in compliance with the provisions of paragraphs (a) and (b) of subsection 1 of section 4 of this act.

      5.  Each local government shall provide to its auditor:

      (a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A fiduciary fund.

             (4) A self-insurance fund.

             (5) A fund whose balance is required by law to be:

                   (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

                   (II) Carried forward to the succeeding fiscal year in any designated amount.

      (b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

      (c) If the local government is subject to the provisions of section 4 of this act, a declaration indicating that the local government is in compliance with the provisions of paragraph (c) of subsection 1 of section 4 of this act.

      6.  The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;


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ê2003 Statutes of Nevada, Page 1233 (Chapter 230, SB 429)ê

 

      (b) The county clerk;

      (c) The Department of Taxation; and

      (d) In the case of a school district, the Department of Education.

      7.  If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

      8.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 231, SB 437

Senate Bill No. 437–Committee on Commerce and Labor

 

CHAPTER 231

 

AN ACT relating to contractors; prohibiting certain acts relating to the repair, restoration, improvement or construction of residential pools and spas; clarifying certain provisions that prohibit contractors from acting as owners of certain companies, corporations and business entities; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 597.715 is hereby amended to read as follows:

      597.715  1.  Any contractor or subcontractor who performs work for the repair, restoration, improvement or construction of a residential pool or spa shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the property being improved:

      (a) Apply for and obtain all applicable permits for the project; and

      (b) Meet all applicable requirements imposed pursuant to:

             (1) This chapter;

             (2) Chapter 624 of NRS; and

             (3) Any regulations adopted by the Board,

with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa.

      2.  If a contractor or subcontractor performs work for the repair, restoration, improvement or construction of a residential pool or spa and the work is performed under the direction of a builder who is also the owner of the property being improved, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors and subcontractors working on the project.

      3.  With respect to a contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, the work performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or qualified officer of the contractor.


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ê2003 Statutes of Nevada, Page 1234 (Chapter 231, SB 437)ê

 

performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or qualified officer of the contractor.

      4.  If the repair, restoration, improvement or construction of a residential pool or spa is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the property being improved, a person shall not, directly or indirectly, perform or offer to perform, for a fee, any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself out as being able to perform such acts for a fee, unless the person holds:

      (a) A license as a contractor or subcontractor under state law which authorizes the person to perform such acts for a fee; or

      (b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts for a fee.

      Sec. 2.  NRS 597.7192 is hereby amended to read as follows:

      597.7192  1.  Except as otherwise provided in this section and NRS 597.7194, a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa shall not act as, or carry out the duties of, an officer, director, employee or owner of a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance the repair, restoration, improvement or construction of a residential pool or spa.

      2.  The provisions of this section do not prohibit a contractor from owning, holding or possessing, either directly or indirectly through a mutual fund or any other financial arrangement or investment plan, any stocks or other securities issued by a company, corporation or business entity described in subsection 1 if:

      (a) The stocks or other securities are offered openly to the public through a securities exchange; and

      (b) The contractor does not own, hold or possess a controlling interest in the company, corporation or business entity.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2003 Statutes of Nevada, Page 1235ê

 

CHAPTER 232, SB 483

Senate Bill No. 483–Committee on Transportation

 

CHAPTER 232

 

AN ACT relating to the Department of Motor Vehicles; applying the uniform system of demerit points to persons deemed to have future driving privileges; requiring the Department under certain circumstances to suspend the future driving privileges of such persons who accumulate demerit points; revising provisions governing the types of acceptable documentation to establish identification; providing for the expiration and renewal of identification cards; imposing fees for the renewal of certain identification cards; changing the period for reporting certain changes to or the loss of identification cards; requiring the Department to adopt regulations establishing certain fees for hazardous materials endorsements on commercial drivers’ licenses; and providing other matters properly relating thereto.

 

[Approved: May 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  A person who does not hold a valid license issued by this state or any other state and who operates a vehicle in this state shall be deemed to have future driving privileges that may be suspended if the person is convicted of any traffic offense in this state.

      Sec. 3.  1.  Except as otherwise provided in this subsection, when a person deemed to have future driving privileges pursuant to section 2 of this act has accumulated 3 or more demerit points, but less than 12, the Department shall notify him of this fact. If, after the Department mails the notice, the person presents proof to the Department that he has successfully completed a course of traffic safety approved by the Department and a statement signed by him which indicates that the successful completion of the course was not required pursuant to a plea agreement, the Department shall cancel not more than 3 demerit points from his driving record. If such a person accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points cancelled upon the completion of the course but must have his future driving privileges suspended. A person deemed to have future driving privileges may attend a course only once in 12 months for the purpose of reducing his demerit points. The 3 demerit points may only be cancelled from the driver’s record of the person during the 12-month period immediately following his successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person deemed to have future driving privileges whose successful completion of a course of traffic safety was required pursuant to a plea agreement.

      2.  Any reduction of demerit points pursuant to this section applies only to the demerit record of the person deemed to have future driving privileges and otherwise does not affect his driving record with the Department or his insurance record.


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ê2003 Statutes of Nevada, Page 1236 (Chapter 232, SB 483)ê

 

privileges and otherwise does not affect his driving record with the Department or his insurance record.

      3.  Notwithstanding any provision of this title to the contrary, if a person deemed to have future driving privileges accumulates demerit points, the Department shall suspend those future driving privileges:

      (a) For the first accumulation of 12 demerit points during a 12-month period, for 6 months. Such a person is eligible for a restricted license during this 6-month period.

      (b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, for 1 year. Such a person is eligible for a restricted license during this 1-year period.

      (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, for 1 year. Such a person is not eligible for a restricted license during this 1-year period.

      4.  The Department shall suspend for 1 year the future driving privileges of a person convicted of a sixth traffic offense within a 5-year period if all six offenses have been assigned a value of 4 or more demerit points. Such a person is not eligible for a restricted license during this 1-year period.

      5.  If the Department determines by its records that a person deemed to have future driving privileges is not eligible for a driver’s license pursuant to this section, the Department shall notify the person by mail of that fact.

      6.  Except as otherwise provided in subsection 7, the Department shall suspend the future driving privileges of a person pursuant to this section 30 days after the date on which the Department mails the notice to the person required by subsection 5.

      7.  If a written request for a hearing is received by the Department:

      (a) The suspension of the future driving privileges of the person requesting the hearing is stayed until a determination is made by the Department after the hearing.

      (b) The hearing must be held, within 45 days after the request is received, in the county in which the person resides unless he and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the person.

      Sec. 4.  1.  Except as otherwise provided in NRS 483.870, an identification card and a renewal of an identification card issued pursuant to this section and NRS 483.810 to 483.890, inclusive, expires on the fourth anniversary of the birthday of the holder of the identification card, measured from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of this section and NRS 483.810 to 483.890, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  An identification card is renewable at any time before its expiration upon application and payment of the required fee.

      Sec. 5.  NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 1237 (Chapter 232, SB 483)ê

 

      Sec. 6.  NRS 483.083 is hereby amended to read as follows:

      483.083  “License” [or “license to drive a motor vehicle”] means any driver’s license or permit to operate a vehicle issued under or granted by the laws of this state, including:

      1.  Any temporary license or instruction permit; and

      2.  The future privilege to drive a vehicle by a person who does not hold a driver’s license.

      Sec. 7.  NRS 483.290 is hereby amended to read as follows:

      483.290  1.  Every application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his name and age by displaying [:] an original or certified copy of at least one of the following documents:

      (a) If the applicant was born in the United States, [a] including, without limitation, the District of Columbia or any territory of the United States:

             (1) A birth certificate issued by a state [or] , a political subdivision of a state, the District of Columbia or [other proof of the date of birth of the applicant, including, but not limited to, a] any territory of the United States;

             (2) A driver’s license issued by another state , [or] the District of Columbia [, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department;] or any territory of the United States;

             (3) A passport issued by the United States Government;

             (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian Blood issued by the United States Government; or

             (7) Such other documentation as specified by the Department by regulation; or

      (b) If the applicant was born outside the United States [, a ] :

             (1) A Certificate of Citizenship, Certificate of Naturalization, [Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization] Permanent Resident Card or Temporary Resident Card issued by the Immigration and Naturalization Service of the United States Department of Justice [or a] ;


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ê2003 Statutes of Nevada, Page 1238 (Chapter 232, SB 483)ê

 

             (2) A Consular Report of Birth Abroad [of a United States Citizen Child] issued by the Department of State [, a] ;

             (3) A driver’s license issued by another state , [or] the District of Columbia or any territory of the United States;

             (4) A passport issued by the United States Government; or

             (5) Any other proof acceptable to the Department other than a passport issued by a foreign government.

      3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      4.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, [but not limited to,] without limitation, records of employment or federal income tax returns.

      Sec. 8.  NRS 483.473 is hereby amended to read as follows:

      483.473  1.  As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice’s court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking. The term does not include a conviction or a finding by a juvenile court of a violation of the speed limit posted by a public authority under the circumstances described in subsection 1 of NRS 484.3685.

      2.  The Department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting the driving privilege of any [holder of] person who holds a driver’s license issued by the Department [.] and persons deemed to have future driving privileges pursuant to section 2 of this act. The system must be based on the accumulation of demerits during a period of 12 months.

      3.  The system must be uniform in its operation , and the Department shall set up a schedule of demerits for each traffic violation, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the Department by the court where the conviction is obtained. The Department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      Sec. 9.  NRS 483.475 is hereby amended to read as follows:

      483.475  1.  Except as otherwise provided in this subsection, when a [driver] person who holds a driver’s license has accumulated 3 or more demerit points, but less than 12, the Department shall notify him of this fact. If, after the Department mails the notice, the driver presents proof to the Department that he has successfully completed a course of traffic safety approved by the Department and a statement signed by him which indicates that the successful completion of the course was not required pursuant to a plea agreement, the Department shall cancel not more than 3 demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points cancelled upon the completion of the course, but must have his license suspended.


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ê2003 Statutes of Nevada, Page 1239 (Chapter 232, SB 483)ê

 

before completing the course of traffic safety, he will not be entitled to have demerit points cancelled upon the completion of the course, but must have his license suspended. A person may attend a course only once in 12 months for the purpose of reducing his demerit points. The 3 demerit points may only be cancelled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement.

      2.  Any reduction of demerit points applies only to the demerit record of the driver and does not affect his driving record with the Department or his insurance record.

      3.  The Department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:

      (a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

      (b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

      (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.

      4.  The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years if all six offenses have been assigned a value of four or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.

      5.  If the Department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his privilege to drive is subject to suspension.

      6.  Except as otherwise provided in subsection 7, the Department shall suspend the license 30 days after it mails the notice required by subsection 5.

      7.  If a written request for a hearing is received by the Department:

      (a) The suspension of the license is stayed until a determination is made by the Department after the hearing.

      (b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless he and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the driver.

      Sec. 10.  NRS 483.820 is hereby amended to read as follows:

      483.820  1.  A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and section 4 of this act, is entitled to receive an identification card if he is:

      (a) A resident of this state and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

      (b) A seasonal resident who does not hold a valid Nevada driver’s license.


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ê2003 Statutes of Nevada, Page 1240 (Chapter 232, SB 483)ê

 

      2.  The Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older           $4

An original or duplicate identification card issued to a person under 18 years of age              3

A renewal of an identification card for a person under 18 years of age    3

An original or duplicate identification card issued to any other person 9

A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age       9

A new photograph or change of name, or both....................................... 4

 

      3.  The Department shall not charge a fee for [an] :

      (a) An identification card issued to a person who has voluntarily surrendered his driver’s license pursuant to NRS 483.420 [.] ; or

      (b) A renewal of an identification card for a person 65 years of age or older.

      4.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Sec. 11.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) The name and sample signature of the holder.

      (b) A unique identification number assigned to the holder that is not based on the holder’s social security number.

      (c) A personal description of the holder.

      (d) The date of birth of the holder.

      (e) The current address of the holder in this state.

      (f ) A colored photograph of the holder.

      4.  The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.

      5.  At the time of the issuance or renewal of the identification card, the Department shall:

      (a) Give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.


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ê2003 Statutes of Nevada, Page 1241 (Chapter 232, SB 483)ê

 

registration as a donor with The Living Bank International or its successor organization.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      8.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Sec. 12.  NRS 483.860 is hereby amended to read as follows:

      483.860  1.  Every applicant for an identification card must furnish proof of his name and age by presenting a birth certificate issued by a state [or] , a political subdivision of a state, the District of Columbia or any territory of the United States, or other proof of the applicant’s date of birth, including, but not limited to, a driver’s license issued by another state , [or] the District of Columbia [, or a baptismal certificate and] or any territory of the United States, or such other corroboration of the matters stated in his application as are required of applicants for a driver’s license [.] pursuant to NRS 483.290.

      2.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the [applicant’s] social security number [;] of the applicant; or

      (b) Other proof acceptable to the Department, including, [but not limited to,] without limitation, records of employment or federal income tax returns.

      Sec. 13.  NRS 483.870 is hereby amended to read as follows:

      483.870  1.  [An] Except as otherwise provided in section 4 of this act, an identification card that is issued to:

      (a) A seasonal resident remains valid until its expiration date so long as the person does not become licensed in Nevada to drive a motor vehicle and the facts and circumstances declared in the application and stated on the card do not change. An identification card must be surrendered by a seasonal resident upon issuance of a Nevada driver’s license.

      (b) A resident remains valid until its expiration date so long as the person does not become licensed in any state or jurisdiction to drive a motor vehicle and the facts and circumstances declared in the application and stated on the card do not change. An identification card must be surrendered by a resident upon issuance of a driver’s license from any state or jurisdiction.

      2.  The holder of an identification card shall promptly report any change in the information declared in the application and stated in the card to the Department.

      3.  Any change occurring in the holder’s address or name as the result of marriage or otherwise or any loss of an identification card must be reported within [10] 30 days after the occurrence to the Department.

      Sec. 14.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The Department shall charge and collect the following fees:


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ê2003 Statutes of Nevada, Page 1242 (Chapter 232, SB 483)ê

 

For an original commercial driver’s license which requires the Department to administer a driving skills test     $84

For an original commercial driver’s license which does not require the Department to administer a driving skills test      54

For renewal of a commercial driver’s license which requires the Department to administer a driving skills test  84

For renewal of a commercial driver’s license which does not require the Department to administer a driving skills test      54

For reinstatement of a commercial driver’s license after suspension or revocation of the license for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)      84

For reinstatement of a commercial driver’s license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)               54

For the transfer of a commercial driver’s license from another jurisdiction, which requires the Department to administer a driving skills test............................................................. 84

For the transfer of a commercial driver’s license from another jurisdiction, which does not require the Department to administer a driving skills test............................................................. 54

For a duplicate commercial driver’s license........................................... 19

For any change of information on a commercial driver’s license........ 9

For each endorsement added after the issuance of an original commercial driver’s license    14

For the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver’s license................................................................. 30

 

      2.  The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      6.  The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.


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ê2003 Statutes of Nevada, Page 1243 (Chapter 232, SB 483)ê

 

and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 15.  NRS 483.928 is hereby amended to read as follows:

      483.928  A person who wishes to be issued a commercial driver’s license by this state must:

      1.  Apply to the Department for a commercial driver’s license;

      2.  In accordance with standards contained in regulations adopted by the Department:

      (a) Pass a knowledge test for the type of motor vehicle he operates or expects to operate; and

      (b) Pass a driving skills test for driving a commercial motor vehicle taken in a motor vehicle which is representative of the type of motor vehicle he operates or expects to operate; [and]

      3.  Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908 [.] ; and

      4.  For the issuance of a commercial driver’s license with an endorsement for hazardous materials, submit a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and all applicable federal agencies to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 16.  NRS 484.3765 is hereby amended to read as follows:

      484.3765  1.  A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:

      (a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.

      (b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:

             (1) Failing to obey an official traffic-control device in violation of NRS 484.278.

             (2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.

             (3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.

             (4) Following another vehicle too closely in violation of NRS 484.307.

             (5) Failing to yield the right-of-way in violation of any provision of NRS 484.315 to 484.323, inclusive.

      (c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.

      2.  A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.


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      3.  A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor. In addition to any other penalty:

      (a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the Department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.

      (b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.

      4.  To determine whether the provisions of paragraph (a) or (b) of subsection 3 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.

      5.  If the driver is already the subject of any other order suspending or revoking his driver’s license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.

      6.  If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the Department.

      7.  If the driver successfully completes a course of traffic safety ordered pursuant to this section, the Department shall cancel three demerit points from his driving record in accordance with NRS 483.475 [,] or section 3 of this act, as appropriate, unless the driver would not otherwise be entitled to have those demerit points cancelled pursuant to the provisions of that section.

      8.  This section does not preclude the suspension or revocation of the driver’s license of the driver , or the suspension of the future driving privileges of a person, pursuant to any other provision of law.

      Sec. 17.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      2.  Every application must:

      (a) State the full name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

      3.  Every applicant shall furnish proof of his name and age by displaying [:] an original or certified copy of at least one of the following documents:

      (a) If he was born in the United States, [a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or] including, without limitation, the District of Columbia or [other proof acceptable to the Department;] any territory of the United States:


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ê2003 Statutes of Nevada, Page 1245 (Chapter 232, SB 483)ê

 

including, without limitation, the District of Columbia or [other proof acceptable to the Department;] any territory of the United States:

             (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

             (2) A driver’s license issued by another state, the District of Columbia or any territory of the United States;

             (3) A passport issued by the United States Government;

             (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian Blood issued by the United States Government; or

             (7) Such other documentation as specified by the Department by regulation; or

      (b) If he was born outside the United States : [, a:]

             (1) A Certificate of Citizenship, Certificate of Naturalization, [Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization] Permanent Resident Card or Temporary Resident Card issued by the Immigration and Naturalization Service of the Department of Justice;

             (2) A Consular Report of Birth Abroad [of a United States Citizen Child] issued by the Department of State;

             (3) [Driver’s] A driver’s license issued by another state , [or] the District of Columbia [; or

             (4) Passport] or any territory of the United States;

             (4) A passport issued by the United States Government [.] ; or

             (5) Any other proof acceptable to the Department other than a passport issued by a foreign government.

      4.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      Sec. 18.  NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or [for an] identification card [.] issued by the Department.

      2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides.


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ê2003 Statutes of Nevada, Page 1246 (Chapter 232, SB 483)ê

 

except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election, the applications must be forwarded daily.

      4.  The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

      5.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

      6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.

      7.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

      (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the election board registers and registrar of voters’ register.

      Sec. 19.  The provisions of section 4 of this act do not apply to an identification card issued by the Department of Motor Vehicles on or before September 30, 2003, except that if such an identification card is presented to the Department on or after October 1, 2003, for any transaction other than the surrender of the identification card for cancellation, the identification card shall be deemed to have been issued on the date on which it is presented to the Department and the Department shall place an expiration date on the identification card in accordance with section 4 of this act.


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ê2003 Statutes of Nevada, Page 1247 (Chapter 232, SB 483)ê

 

to the Department and the Department shall place an expiration date on the identification card in accordance with section 4 of this act.

      Sec. 20.  1.  This section and sections 14 and 15 of this act become effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, and 16 to 19, inclusive, of this act become effective on October 1, 2003.

________

 

CHAPTER 233, AB 294

Assembly Bill No. 294–Assemblymen Conklin, Oceguera, Giunchigliani, Horne, Ohrenschall, Anderson, Arberry, Atkinson, Buckley, Carpenter, Chowning, Claborn, Collins, Geddes, Goldwater, Gustavson, Koivisto, Leslie, Manendo, McClain, McCleary, Mortenson, Parks, Perkins, Pierce, Sherer and Williams

 

Joint Sponsors: Senators Carlton and Wiener

 

CHAPTER 233

 

AN ACT relating to industrial insurance; prohibiting an insurer from issuing a check for the payment of benefits for permanent total disability that includes a restrictive endorsement; providing that an insurer may issue a check for the payment of certain benefits for industrial insurance that includes a restrictive endorsement; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer shall not issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of permanent total disability benefits that includes a restrictive endorsement.

      2.  An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability or rehabilitation maintenance benefits that includes a restrictive endorsement.

      3.  If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must:

      (a) Clearly and accurately state the restrictive conditions; and

      (b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1248ê

 

CHAPTER 234, AB 315

Assembly Bill No. 315–Assemblymen Koivisto, Chowning, Ohrenschall, McClain, Parks, Anderson, Claborn, Collins, Giunchigliani, Goldwater, Leslie, Manendo, Oceguera, Perkins, Pierce and Williams

 

CHAPTER 234

 

AN ACT relating to cancer; requiring the State Health Officer or a person designated by the Administrator of the Health Division of the Department of Human Resources to analyze information reported by health facilities concerning cancer; requiring the State Health Officer or person designated by the Administrator of the Health Division to analyze trends in such information and assist in facilitating the prevention of cancer; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 457 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Health Officer or a qualified person designated by the Administrator of the Health Division shall analyze the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and the reports published pursuant to NRS 457.260 to determine whether any trends exist in the incidence of cancer in a particular area or population.

      2.  If the State Health Officer or the person designated pursuant to subsection 1 determines that a trend exists in the incidence of cancer in a particular area or population, the State Health Officer or the person designated pursuant to subsection 1 shall work with appropriate governmental, educational and research entities to investigate the trend, advance research into the trend and the cancer identified in the trend, and facilitate the prevention and control of the cancer.

      Sec. 2.  NRS 457.260 is hereby amended to read as follows:

      457.260  1.  The Health Division shall publish reports based upon the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and shall make other appropriate uses of the material to identify trends in the incidence of cancer in a particular area or population, advance research and education concerning cancer and improve treatment of the disease.

      2.  The Health Division shall provide any qualified researcher with data from the reported information upon:

      (a) The researcher’s compliance with appropriate conditions as established under the Board’s regulations; and

      (b) His payment of a fee to cover the cost of providing the data.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1249ê

 

CHAPTER 235, AB 507

Assembly Bill No. 507–Committee on Education

 

CHAPTER 235

 

AN ACT relating to education; revising provisions governing the transferability of certain community college credits toward the requirements for an award of a baccalaureate degree from a university or state college within the University and Community College System of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.568 is hereby amended to read as follows:

      396.568  In accordance with the policy of the Board of Regents, all credits earned by a student in a course at a community college within the System , including, without limitation, all credits earned in a course toward the award of an associate’s degree, including, without limitation, a degree of associate in applied science, must be accepted and applied toward the course work required of the student in his major [, if applicable,] or minor, or other course work required of the student, for the award of a baccalaureate degree upon graduation of the student from any university or state college within the System if the catalog for the community college:

      1.  Designates the course as transferable by the System;

      2.  Identifies the course by the same title as the equivalent required course offered at a university [;] or state college, as applicable; and

      3.  Contains the same description for the course as the equivalent required course offered at a university [.] or state college, as applicable.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1250ê

 

CHAPTER 236, AB 419

Assembly Bill No. 419–Assemblymen Pierce, Ohrenschall, Manendo, Parks, Koivisto, Anderson, Arberry, Atkinson, Buckley, Chowning, Collins, Conklin, Geddes, Goicoechea, Goldwater, Grady, Horne, Leslie, McClain, McCleary, Mortenson, Oceguera, Sherer and Weber

 

CHAPTER 236

 

AN ACT relating to property; providing that a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ a person to perform work on the premises unless the person has a work card issued by the sheriff of the county; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ any person who will work 36 hours or more per week and who will have access to all dwelling units to perform work on the premises unless the person has obtained a work card issued pursuant to subsection 2 by the sheriff of the county in which the dwelling units are located and renewed that work card as necessary.

      2.  The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed:

      (a) Every 5 years; and

      (b) Whenever the person changes his employment to perform work for an employer other than the employer for which his current work card was issued.

      3.  If the sheriff of a county requires an applicant for a work card to be investigated:

      (a) The applicant must submit with his application a complete set of his fingerprints and written permission authorizing the sheriff to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) The sheriff may submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      (c) The sheriff shall issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.

      4.  The following persons are not required to obtain a work card pursuant to this section:


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ê2003 Statutes of Nevada, Page 1251 (Chapter 236, AB 419)ê

 

      (a) A person who holds a permit to engage in property management pursuant to chapter 645 of NRS.

      (b) An independent contractor. As used in this paragraph, “independent contractor” means a person who performs services for a fixed price according to his own methods and without subjection to the supervision or control of the landlord, except as to the results of the work, and not as to the means by which the services are accomplished.

      (c) An offender in the course and scope of his employment in a work program directed by the warden, sheriff, administrator or other person responsible for administering a prison, jail or other detention facility.

      (d) A person performing work through a court-assigned restitution or community-service program.

      Sec. 2.  Notwithstanding the provisions of section 1 of this act, a person who was employed by a landlord to perform work on the premises before October 1, 2003, who works 36 hours or more per week and who has access to all dwelling units must obtain a work card issued pursuant to section 1 of this act before January 1, 2004.

________

 

 

CHAPTER 237, SB 10

Senate Bill No. 10–Committee on Commerce and Labor

 

CHAPTER 237

 

AN ACT relating to telephonic devices; prohibiting certain agencies, boards, commissions or political subdivisions from regulating the use of a telephonic device by a person who is operating a motor vehicle; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not regulate the use of a telephonic device by a person who is operating a motor vehicle.

      2.  As used in subsection 1, “telephonic device” means a cellular phone, satellite phone, portable phone or any other similar electronic device that is hand-held and designed or used to communicate with a person.

      Sec. 2.  NRS 266.277 is hereby amended to read as follows:

      266.277  The city council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.


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ê2003 Statutes of Nevada, Page 1252 (Chapter 237, SB 10)ê

 

      Sec. 3.  NRS 269.185 is hereby amended to read as follows:

      269.185  1.  [In] Except as otherwise provided in section 1 of this act, in addition to the powers and jurisdiction conferred upon the town boards or boards of county commissioners by this chapter, such boards may:

      (a) Regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.

      (b) Regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.

      (c) Pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction conferred by this section.

      2.  The town board or board of county commissioners shall cause to be displayed, in each school zone and school crossing zone where the county has posted a speed limit, signs or other devices designating the times during which the speed limit in the zone is to apply.

      Sec. 4.  Section 2.210 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 61, is hereby amended to read as follows:

      Sec. 2.210  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 5.  Section 2.230 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 610, is hereby amended to read as follows:

      Sec. 2.230  Powers of Board of Councilmen: Traffic control.  The Board of Councilmen may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 6.  Section 2.130 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 297, is hereby amended to read as follows:

      Sec. 2.130  Uniform codes: Procedure for adoption.  [An] Except as otherwise provided in section 1 of this act, an ordinance adopting a uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code or codes, printed in book or pamphlet form, may adopt such code or codes, or any portion thereof, with such changes as may be necessary to make such code or codes applicable to conditions in Carson City, and with such other changes as may be desirable, by reference thereto. Copies of such code or codes, either typewritten or printed, with such changes, if any, shall be filed for use and examination by the public in the office of the Clerk at least 1 week prior to the passage of the ordinance adopting such code or codes.


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ê2003 Statutes of Nevada, Page 1253 (Chapter 237, SB 10)ê

 

      Sec. 7.  Section 2.250 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 299, is hereby amended to read as follows:

      Sec. 2.250  Power of Board: Traffic control.  The Board may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within Carson City and provide generally for the public safety on the public streets and rights-of-way.

      2.  The length of time which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 8.  Section 2.260 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 457, is hereby amended to read as follows:

      Sec. 2.260  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 9.  Section 2.210 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 408, is hereby amended to read as follows:

      Sec. 2.210  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 10.  Section 2.230 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1401, is hereby amended to read as follows:

      Sec. 2.230  Powers of City Council: Traffic control.  The City Council may by ordinance regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on the public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 11.  Section 2.210 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is hereby amended to read as follows:

      Sec. 2.210  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.


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ê2003 Statutes of Nevada, Page 1254 (Chapter 237, SB 10)ê

 

      2.  The length of time for which vehicles may be parked upon the public streets and parking facilities.

      Sec. 12.  Section 2.110 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 327, Statutes of Nevada 1999, at page 1367, is hereby amended to read as follows:

      Sec. 2.110  Uniform codes: Procedure for adoption.  [A] Except as otherwise provided in section 1 of this act, a uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code, printed in book or pamphlet form, or any portion thereof, with such changes as may be necessary to make the code applicable to conditions in the City, and with such other changes as may be desirable, may be adopted in an ordinance by reference thereto. Copies of the code, with such changes, if any, must be filed for use and examination by the public in the office of the Clerk at least 1 week before the passage of the ordinance adopting the code.

      Sec. 13.  Section 2.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 230, is hereby amended to read as follows:

      Sec. 2.090  Powers of City Council: General areas.  The City Council may exercise any power specifically granted in this charter or by any of the provisions of Nevada Revised Statutes not in conflict with this charter, in order to:

      1.  License all businesses, trades and professions for purposes of regulation and revenue.

      2.  Enact and enforce fire ordinances.

      3.  Regulate the construction and maintenance of any building or other structure within the City.

      4.  Provide for safeguarding of public health in the City.

      5.  Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.

      6.  Acquire, control, lease, dedicate, sell and convey rights-of-way, parks and other real property.

      7.  [Regulate] Except as otherwise provided in section 1 of this act, regulate vehicular traffic and parking of vehicles.

      8.  Establish and maintain a sanitary sewer system.

      9.  Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.

      10.  Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.

      11.  Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.

      Sec. 14.  Section 2.230 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 464, is hereby amended to read as follows:

      Sec. 2.230  Powers of Board of Councilmen: Traffic control.  The Board of Councilmen may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.


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ê2003 Statutes of Nevada, Page 1255 (Chapter 237, SB 10)ê

 

      Sec. 15.  Section 2.210 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes of Nevada 1973, at page 77, is hereby amended to read as follows:

      Sec. 2.210  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

      1.  [All] Except as otherwise provided in section 1 of this act, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way, publicly owned parking lots and parking areas to which the public is invited.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 16.  This act becomes effective on July 1, 2003.

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CHAPTER 238, SB 90

Senate Bill No. 90–Committee on Judiciary

 

CHAPTER 238

 

AN ACT relating to health records; providing the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee access to certain records concerning certain defendants which are in the possession of the Department of Corrections; providing the Director of the Department of Corrections or the designated medical director access to certain records concerning an offender which are in the possession of the Division of Mental Health and Developmental Services; and providing other matters properly relating thereto.

 

[Approved: May 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460.

      2.  Unless otherwise ordered by a court, upon request of the Administrator or his designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the designated medical director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or his designee to evaluate and treat the defendant.


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ê2003 Statutes of Nevada, Page 1256 (Chapter 238, SB 90)ê

 

      3.  No oral or written consent of the defendant is required for the Administrator or his designee to obtain access to records from the Department of Corrections pursuant to this section.

      4.  As used in this section, “designated medical director” means the designated administrative officer of the Department of Corrections who is responsible for the medical treatment of offenders.

      Sec. 2.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director, through the designated medical director, may request from the Division of Mental Health and Developmental Services of the Department of Human Resources access to any records in its possession which contain information that may assist in evaluating, caring for and providing treatment to an offender who previously was committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460.

      2.  Unless otherwise ordered by a court, upon a request for access to records of an offender pursuant to subsection 1, the Division of Mental Health and Developmental Services of the Department of Human Resources shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Director or the designated medical director to evaluate, care for and provide treatment to the offender.

      3.  The Director, through the designated medical director, may provide to the Division of Mental Health and Developmental Services of the Department of Human Resources or to other community medical or mental health care providers, relevant medical and mental health records of an offender serving a term of imprisonment under the custody of the Department of Corrections, for the purposes of planning the discharge of the offender and assuring the continuity of evaluation, care and treatment of the offender in the community after release from incarceration.

      4.  No oral or written consent of the offender is required to obtain access to records from the Division of Mental Health and Developmental Services of the Department of Human Resources or the Department of Corrections pursuant to this section.

      5.  As used in this section, “designated medical director” means the designated administrative officer of the Department who is responsible for the medical treatment of offenders.

      Sec. 3.  This act becomes effective upon passage and approval.

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