[Rev. 9/10/2021 11:34:01 AM]
κ2021 Statutes of Nevada, Page 2539κ
Senate Bill No. 24Committee on Revenue and Economic Development
CHAPTER 393
[Approved: June 4, 2021]
AN ACT relating to workforce development; revising requirements governing the approval of a program of workforce development by the Office of Economic Development; revising provisions governing the distribution and use of money provided by the Office to defray the cost of certain programs of workforce development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Office of Economic Development to develop and implement one or more programs to provide customized workforce development services to persons that create and expand businesses in Nevada and relocate businesses to Nevada. (NRS 231.055)
Existing law authorizes a person who wishes to provide a program of workforce recruitment, assessment and training to apply to the Office for approval of the program. (NRS 231.1467) Section 1 of this bill revises the information which must be included in an application for approval to provide a program of workforce recruitment, assessment and training. Section 1 also: (1) requires a program of workforce recruitment, assessment and training approved by the Office to result in certain credentials or an identifiable occupational skill; (2) requires the Office to ensure that any business for which the program will be provided meets certain requirements; (3) revises the criteria which the Office must consider in giving priority to approved providers of programs of workforce recruitment, assessment and training for receipt of allocations, grants or loans of money from the Office to defray the cost of the program; and (4) revises provisions governing the use of money distributed to defray the cost of a program of workforce recruitment, assessment and training.
Existing law authorizes a person who operates a business, or who will operate a business, in this State to apply to the Office for approval of a program of workforce training. (NRS 231.147) Section 3 of this bill specifies that such a program must be a program for the training of incumbent employees of the business that will result in certain credentials or identifiable occupational skills being obtained by the incumbent employees. Section 3 also revises the information which must be included in an application for approval of such a program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.1467 is hereby amended to read as follows:
231.1467 1. A person who wishes to provide a program of workforce recruitment, assessment and training may apply to the Office for approval of the program. The application must be submitted on a form prescribed by the Office.
2. Each application must include:
(a) The name, address , electronic mail address and telephone number of the applicant;
(b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;
κ2021 Statutes of Nevada, Page 2540 (CHAPTER 393, SB 24)κ
(c) A statement of the objectives of the proposed program of workforce recruitment, assessment and training;
(d) A description of the primary economic sector to be served by the proposed program of workforce recruitment, assessment and training;
(e) Evidence of workforce shortages within the industry to be served by the proposed program of workforce recruitment, assessment and training;
(f) Evidence that there is an insufficient number of existing programs to develop the workforce needed for the industry to be served by the proposed program of workforce recruitment, assessment and training;
(g) A statement of the number and types of jobs with the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, that are available or will be available upon completion of the proposed program;
(h) A statement demonstrating the past performance of the applicant in providing programs of workforce development, including, without limitation:
(1) The number and type of credentials and certifications issued by programs of workforce development provided by the applicant; and
(2) The number of businesses successfully served by the programs of workforce development provided by the applicant;
(i) A proposed plan for the provision of the proposed program of workforce recruitment, assessment and training on a statewide basis;
(j) A list of facilities that will be used by the proposed program of workforce recruitment, assessment and training;
(k) A projection of the number of primary jobs that will be served by the proposed program of workforce recruitment, assessment and training and the wages for those jobs;
(l) Evidence satisfactory to the Office that the proposed program of workforce recruitment, assessment and training is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112;
(m) A workforce diversity action plan; [and
(e)] (n) The estimated cost of the proposed program of workforce recruitment, assessment and training [.] ;
(o) A statement by the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which commits the business to report to the Office required performance metrics to enable the Office to comply with NRS 231.1513;
(p) A report from each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which sets forth the basis for any furloughs or layoffs conducted by the business in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training; and
(q) Any other information requested by the Executive Director.
3. Any program of workforce recruitment, assessment and training approved by the Office pursuant to this section must:
(a) Include a workforce diversity action plan approved by the Office; [and]
(b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State [.] ; and
(c) Result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard.
κ2021 Statutes of Nevada, Page 2541 (CHAPTER 393, SB 24)κ
4. The Office shall:
(a) Maintain on the Internet website of the Office a list of the criteria for evaluating applications for approval of a program of workforce recruitment, assessment and training;
(b) Ensure, through coordination with relevant state agencies and by reviewing any notices required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., and the regulations adopted pursuant thereto, that each business for which an applicant that submitted an application pursuant to this section will provide a program of workforce recruitment, assessment and training:
(1) Is in compliance with the laws of this State pertaining to the conduct of businesses and employers;
(2) Is not excluded from receiving contracts from the Federal Government as a result of being debarred; and
(3) Has included in the report submitted pursuant to paragraph (p) of subsection 2 the basis for each furlough or layoff conducted in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training;
(c) Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application; and
[(c)] (d) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.
5. An authorized provider that provides a program of workforce recruitment, assessment and training approved by the Office pursuant to this section or the governing body of a local government within the jurisdiction of which the authorized provider will provide the program may apply to the Office for an allocation, grant or loan of money to defray in whole or in part the cost of the program. The application must be submitted on a form prescribed by the Office.
6. The Office shall approve or deny each application for an allocation, grant or loan of money submitted pursuant to subsection 5 within 45 days after receipt of the application. When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide workforce development services to one or more businesses that:
(a) Provide high-skill and high-wage jobs to residents of this State [;] , as defined by the Board of Economic Development;
(b) Provide postsecondary or industry-recognized credentials or identifiable skills meeting the applicable industry standard, which are not otherwise offered or not otherwise offered at scale in this State;
(c) Impart a course of study for not more than 12 months that delivers skills that are needed in the workforce;
(d) To the greatest extent practicable, use materials that are produced or bought in this State;
[(c)] (e) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
[(d)] (f) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.
κ2021 Statutes of Nevada, Page 2542 (CHAPTER 393, SB 24)κ
7. An authorized provider may use money distributed pursuant to this section:
(a) To provide [technical services to a business that participates in the program of workforce recruitment, assessment and training;] curriculum development and instructional services;
(b) To pay for equipment or technology necessary to conduct the training;
(c) To pay training fees or tuition for the program of workforce recruitment, assessment and training, which are not otherwise covered by the program budget or other workforce development funding;
(d) To [provide publicity for] promote the program of workforce recruitment, assessment and training and for job recruiting and assessments conducted through the program;
[(c) To provide instructional services;
(d)] (e) To provide analysis of on-site training;
[(e)] (f) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;
[(f)] (g) To pay administrative and personnel costs [;] , except that not more than 10 percent of the money distributed pursuant to this section is used for such purposes; and
[(g)] (h) To pay any other costs , not including administrative and personnel costs, necessary to effectively carry out the program of workforce recruitment, assessment and training.
8. Equipment purchased with money distributed as a grant pursuant to this section is the property of the Office. At the end of the grant period, the Office may recapture the equipment for redistribution to other programs of workforce recruitment, assessment and training provided by an authorized provider.
9. A [person who operates a business or will operate a] business in this State may apply to the Office to participate in [a] an approved program of workforce recruitment, assessment and training provided by an authorized provider. The application must be submitted on a form prescribed by the Office and must include, without limitation:
(a) The name, address and telephone number of the business;
(b) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;
(c) A description of the number and types of jobs that the business expects will be created as a result of its participation in the program of workforce recruitment, assessment and training and the wages the business expects to pay to persons employed in those jobs;
(d) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;
(e) A workforce diversity action plan approved by the Office; and
(f) Any other information required by the Office.
Sec. 2. NRS 231.1468 is hereby amended to read as follows:
231.1468 A workforce diversity action plan submitted to the Office for approval pursuant to paragraph (a) of subsection 3 of NRS 231.1467 or paragraph (e) of subsection [8] 9 of NRS 231.1467 must include, without limitation:
κ2021 Statutes of Nevada, Page 2543 (CHAPTER 393, SB 24)κ
1. A statement expressing a commitment to workforce diversity, an explanation of the actions that will be taken and strategies that will be implemented to promote workforce diversity and the goals and performance measures which will be used to measure the success of the plan in achieving those goals; and
2. A statement expressing a commitment to comply with all applicable federal and state laws.
Sec. 3. NRS 231.147 is hereby amended to read as follows:
231.147 1. A person who operates a business or will operate a business in this State may apply to the Office for approval of a program of workforce training [.] for incumbent employees that will result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard. The application must be submitted on a form prescribed by the Office.
2. Each application must include:
(a) The name, address and telephone number of the business;
(b) The number and types of jobs for the business that are available or will be available upon completion of the program of workforce training;
(c) A statement of the objectives of the proposed program of workforce training;
(d) An initial plan for wage increases for employees who successfully complete the program of workforce training;
(e) The estimated cost for each person enrolled in the program of workforce training; and
[(e)] (f) A statement signed by the applicant certifying that, if the program of workforce training set forth in the application is approved and money is granted by the Office to an authorized provider for the program of workforce training, each employee who completes the program of workforce training:
(1) Will be employed in a full-time and permanent position in the business; and
(2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:
(I) This State; or
(II) The county in which the business is located,
Κ as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
3. Upon request, the Office may assist an applicant in completing an application pursuant to the provisions of this section.
4. Except as otherwise provided in subsection 5, the Office shall approve or deny each application within 45 days after receipt of the application. When considering an application, the Office shall give priority to a business that:
(a) Provides high-skill and high-wage jobs to residents of this State;
(b) To the greatest extent practicable, uses materials for the business that are produced or bought in this State;
(c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(d) Is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.
5. Before approving an application, the Office shall establish the amount of matching money that the applicant must provide for the program of workforce training. The amount established by the Office for that applicant must not be less than 25 percent of the amount the Office approves for the program of workforce training.
κ2021 Statutes of Nevada, Page 2544 (CHAPTER 393, SB 24)κ
6. If the Office approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.
7. If the Office denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.
Sec. 4. (Deleted by amendment.)
Sec. 4.3. Section 103 of Assembly Bill No. 494 of this session is hereby amended to read as follows:
Sec. 103. 1. This section and sections 50, 51, 52, 54, 85, 93 and 99 to 102, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 49, inclusive, 55 to 76, inclusive, 78 to 84, inclusive, 86, 87 and 94 to 98, inclusive, of this act become effective on July 1, 2021.
3. Section 53 of this act becomes effective on July 1, 2021 . [, if, and only if, Senate Bill No. 24 of this session is not enacted by the Legislature.
4. Section 54 of this act becomes effective upon passage and approval if and only if Senate Bill No. 24 of this session is enacted by the Legislature and becomes effective.
5.] 4. Section 77 of this act becomes effective on July 1, 2021, if and only if, both Assembly Bill Nos. 488 and 491 of this session are not enacted by the Legislature.
[6.] 5. Section 88 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 191 of this session is enacted by the Legislature and becomes effective.
[7.] 6. Section 89 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 256 of this session is enacted by the Legislature and becomes effective.
[8.] 7. Section 90 of this act becomes effective on July 1, 2021, if, and only if, Senate Bill No. 154 of this session is enacted by the Legislature and becomes effective.
[9.] 8. Section 91 of this act becomes effective on July 1, 2021, if, and only if, Senate Bill No. 420 of this session is enacted by the Legislature and becomes effective.
[10.] 9. Section 92 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 387 of this session is enacted by the Legislature and becomes effective.
Sec. 4.7. Section 54 of Assembly Bill No. 494 of this session is hereby repealed.
Sec. 5. 1. This section and sections 4, 4.3 and 4.7 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2545κ
Senate Bill No. 96Senators Ohrenschall, Dondero Loop, D. Harris; Brooks, Buck, Cannizzarro, Denis, Donate, Goicoechea, Hammond, Hansen, Lange, Neal, Ratti, Scheible, Seevers Gansert, Settelmeyer and Spearman
Joint Sponsors: Assemblywomen Carlton; and Benitez-Thompson
CHAPTER 394
[Approved: June 4, 2021]
AN ACT relating to disability services; requiring the Department of Health and Human Services to biennially establish reimbursement rates for the services of certain providers for persons with autism spectrum disorders that are comparable to reimbursement rates paid by Medicaid programs in other states; requiring the Department to establish certain limitations relating to the provision of such services to recipients of Medicaid; providing for the reporting to the Legislature or the Legislative Committee on Health Care of certain information concerning the provision of such services to recipients of Medicaid; requiring the Autism Treatment Assistance Program to publish certain information on the Internet website of the Program and take certain actions when there is a waiting list for services from the Program; requiring the Department to seek an increase in certain reimbursement rates for a registered behavior technician under the Medicaid program, the Autism Treatment Assistance Program and the Childrens Health Insurance Program; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to administer the Medicaid program and the Childrens Health Insurance Program. (NRS 422.270) Section 4.8 of this bill requires the Department to submit to the United States Secretary of Health and Human Services a request to amend the State Plan for Medicaid to increase the rate of reimbursement which is provided on a fee-for-service basis for services provided by a registered behavior technician to at least $52 per hour, or as close to that amount as the Secretary approves. If the request is approved, section 4.8 requires the Autism Treatment Assistance Program, which is established within the Aging and Disability Services Division to serve as the primary autism program within the Department, and the Childrens Health Insurance Program to pay a rate of reimbursement for such services that is equal to or greater than the rate of reimbursement provided under Medicaid. (See NRS 427A.875) Sections 4.2-4.7 of this bill make appropriations to pay costs associated with increasing the reimbursement rates for Medicaid, the Childrens Health Insurance Program and the Autism Treatment Assistance Program. Section 2 of this bill requires the Department, beginning on July 1, 2023, to biennially establish reimbursement rates provided on a fee-for-service basis under Medicaid for behavior analysts, assistant behavior analysts and registered behavior technicians that are comparable to reimbursement rates paid by Medicaid programs in other states for such providers. Beginning on July 1, 2023, section 2 also requires the Department to establish reasonable limits on the number of hours that such a provider is authorized to bill for services provided to a recipient of Medicaid in a 24-hour period. Additionally, beginning on July 1, 2023, section 2 requires the Division of Health Care Financing and Policy to: (1) provide training to such providers concerning such limits; and (2) annually report to the Legislature, if the Legislature is in session, or the Legislative Committee on Health Care, if the Legislature is not in session, concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder.
κ2021 Statutes of Nevada, Page 2546 (CHAPTER 394, SB 96)κ
the Legislature is in session, or the Legislative Committee on Health Care, if the Legislature is not in session, concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder. Section 4 of this bill makes a conforming change to provide that the provisions of section 2 are administered in the same manner as the provisions of existing law governing Medicaid.
Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department to provide and coordinate the provision of services to persons diagnosed or determined to have autism spectrum disorders through the age of 19 years. (NRS 427A.875) Section 3 of this bill requires the Program to: (1) publish certain information on the Internet website of the Program to assist persons in obtaining services for autism spectrum disorders; and (2) when there is a waiting list for services from the Program, use a risk assessment tool to assess and identify persons on the waiting list with higher needs.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall:
(a) Biennially establish and include in the State Plan for Medicaid rates of reimbursement which are provided on a fee-for-service basis for services provided by behavior analysts, assistant behavior analysts and registered behavior technicians that are comparable to rates of reimbursement paid by Medicaid programs in other states for the services of those providers.
(b) Establish reasonable limits on the number of hours that a behavior analyst, assistant behavior analyst or registered behavior technician is authorized to bill for services provided to a recipient of Medicaid in a 24-hour period.
2. The Division shall provide training to behavior analysts, assistant behavior analysts and registered behavior technicians who provide services to recipients of Medicaid concerning the limits established pursuant to paragraph (b) of subsection 1.
3. On or before January 31 of each year, the Division shall:
(a) Compile a report concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder. The report must include:
(1) The number of recipients of Medicaid who were newly diagnosed with an autism spectrum disorder during the immediately preceding year and the number of those recipients for whom assistance with care management was provided;
(2) The number of recipients of Medicaid diagnosed with an autism spectrum disorder for whom assistance with care management was reimbursed through Medicaid during the immediately preceding year;
(3) The number of recipients of Medicaid for whom the first claim for reimbursement for the services of a registered behavior technician was submitted during the immediately preceding year;
κ2021 Statutes of Nevada, Page 2547 (CHAPTER 394, SB 96)κ
(4) The number of assessments or evaluations by a behavior analyst that were reimbursed through Medicaid during the immediately preceding year;
(5) The total number of claims for applied behavior analysis services provided to recipients of Medicaid made during the immediately preceding year;
(6) For the immediately preceding year, the average times that elapsed between claims for each step of the process that a recipient of Medicaid must undergo to receive treatment from a registered behavior technician, beginning with initial diagnosis with an autism spectrum disorder and, including, without limitation, comprehensive diagnosis with an autism spectrum disorder, evaluation and treatment by a behavior analyst and treatment by a registered behavior technician;
(7) The number of recipients of Medicaid receiving services through Medicaid managed care who were, at the end of the immediately preceding year, on a wait list for applied behavior analysis services;
(8) An assessment of the adequacy of the network of each health maintenance organization or managed care organization that provides services to recipients of Medicaid under the State Plan for Medicaid for applied behavior analysis services, as compared to the applicable standard for network adequacy set forth in the contract between the health maintenance organization or managed care organization and the Division;
(9) The number of behavior analysts and registered behavior technicians who are currently providing services to recipients of Medicaid who receive services through each health maintenance organization or managed care organization described in subparagraph (8); and
(10) The number of behavior analysts and registered behavior technicians who provide services to recipients of Medicaid who do not receive services through managed care.
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In odd-numbered years, the next regular session of the Legislature; and
(2) In even-numbered years, the Legislative Committee on Health Care.
4. As used in this section:
(a) Applied behavior analysis services means the services of a behavior analyst, assistant behavior analyst or registered behavior technician.
(b) Assistant behavior analyst has the meaning ascribed to it in NRS 437.005.
(c) Behavior analyst has the meaning ascribed to it in NRS 437.010.
(d) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
Sec. 3. NRS 427A.875 is hereby amended to read as follows:
427A.875 1. There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons diagnosed or determined, including, without limitation, through the use of a standardized assessment, to have autism spectrum disorders through the age of 19 years.
2. The Autism Treatment Assistance Program shall:
κ2021 Statutes of Nevada, Page 2548 (CHAPTER 394, SB 96)κ
(a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.
(b) Provide for the development of a plan of treatment for persons who participate in the Program.
(c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.
(d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.
(e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.
(f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.
(g) Publish on an Internet website maintained by the Autism Treatment Assistance Program:
(1) Specific guidance for obtaining a diagnosis for an autism spectrum disorder and obtaining public services that are available for the treatment of autism spectrum disorders, including, without limitation, applied behavior analysis services; and
(2) A list of providers in this State who are qualified to diagnose autism spectrum disorders.
(h) When there is a waiting list for services from the Autism Treatment Assistance Program, use a risk assessment tool to assess and identify persons on the waiting list with higher needs for the purpose of ensuring the proper delivery of services to each person, regardless of the difficulty of serving that person.
3. A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:
(a) Identify the specific behaviors of the person to be addressed and the expected outcomes.
(b) Include, without limitation:
(1) Preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years; and
(2) Measures to ensure that, to the extent practicable, the person receives appropriate services from another entity after the person reaches 20 years of age.
(c) Be revised to address any change in the needs of the person.
4. The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Commission.
5. As used in this section, autism spectrum disorder means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.
κ2021 Statutes of Nevada, Page 2549 (CHAPTER 394, SB 96)κ
Sec. 4. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 2 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
κ2021 Statutes of Nevada, Page 2550 (CHAPTER 394, SB 96)κ
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 4.2. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay the increased reimbursement rates for registered behavior technicians provided under Medicaid and the Childrens Health Insurance Program pursuant to section 4.8 of this act the following sums:
For the Fiscal Year 2021-2022.................................................... $327,476
For the Fiscal Year 2022-2023................................................. $1,626,586
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2021-2022.................................................... $654,260
For the Fiscal Year 2022-2023................................................. $2,878,393
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay personnel, operating, computer programming and equipment costs to carry out the provisions of section 4.8 of this act as they apply to Medicaid and the Childrens Health Insurance Program the following sums:
For the Fiscal Year 2021-2022...................................................... $42,595
For the Fiscal Year 2022-2023...................................................... $52,243
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2021-2022...................................................... $46,596
For the Fiscal Year 2022-2023...................................................... $52,243
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 2551 (CHAPTER 394, SB 96)κ
Sec. 4.7. 1. There is hereby appropriated from the State General Fund to the Aging and Disability Services Division of the Department of Health and Human Services to pay the increased reimbursement rates for registered behavior technicians provided under the Autism Treatment Assistance Program pursuant to section 4.8 of this act the following sums:
For the Fiscal Year 2021-2022.................................................... $306,501
For the Fiscal Year 2022-2023.................................................... $613,002
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 4.8. 1. On or before October 1, 2021, the Department of Health and Human Services shall submit to the United States Secretary of Health and Human Services a request to amend the State Plan for Medicaid to increase the rate of reimbursement that is provided on a fee-for-service basis pursuant to the State Plan for Medicaid for services provided by a registered behavior technician to at least $52 for each hour that such services are provided, or as close to that amount as the Secretary approves. The request must be supported using methods for determining reimbursement rates accepted by the Secretary.
2. If the amendment to the State Plan for Medicaid requested pursuant to subsection 1 is approved:
(a) The increased rate of reimbursement established by the amendment must become effective on January 1, 2022, or when approved if after that date; and
(b) The Autism Treatment Assistance Program established by NRS 427A.875 and the Childrens Health Insurance Program must provide a rate of reimbursement for services provided by a registered behavior technician equal to or greater than the rate of reimbursement provided for such services pursuant to the State Plan for Medicaid beginning on January 1, 2022, or when approved if after that date.
3. As used in this section, registered behavior technician has the meaning ascribed to it in NRS 437.050.
Sec. 5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 6. 1. This section and section 5 of this act become effective upon passage and approval.
2. Sections 1 and 4.2 to 4.8, inclusive, of this act become effective on July 1, 2021.
3. Sections 2, 3 and 4 of this act become effective on July 1, 2023.
________
κ2021 Statutes of Nevada, Page 2552κ
Senate Bill No. 366Committee on Judiciary
CHAPTER 395
[Approved: June 4, 2021]
AN ACT relating to juvenile justice; authorizing a juvenile court to order a child who has been found incompetent to receive treatment at certain facilities operated by the Division of Child and Family Services of the Department of Health and Human Services; requiring such a facility to accept such a child for treatment; prohibiting a child found to be incompetent from being committed to the custody of a correctional facility; allowing a child found to be incompetent to petition to seal his or her record; requiring the submittal of certain data and information relating to the competency of children; requiring the development and submittal of a plan for the structure of services for the competency of children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Subject to the jurisdiction of the juvenile court, in a case to determine the competence of a child, existing law requires a juvenile court to suspend the case until the question of competence is determined if doubt arises as to the competence of the child. (NRS 62D.145) Existing law requires a juvenile court which has determined a child to be developmentally or mentally incompetent to determine: (1) whether the child is a danger to himself or herself or society; (2) whether providing services to the child will assist the child in attaining competence and further the state policy goals for the juvenile justice system; and (3) the best form of any services to be provided to the child, including whether such services would be best provided to the child as an outpatient or inpatient. Existing law requires the juvenile court to issue all necessary and appropriate recommendations and orders after making such determinations. (NRS 62D.180) Existing law also prohibits the commitment of a child by court order to a facility of the Division of Child and Family Services of the Department of Health and Human Services if the administrative officer of the facility or the administrative officers designee determines that the treatment available at the facility is not appropriate or necessary for the childs health and welfare. (NRS 433B.320)
Section 1.3 of this bill authorizes a juvenile court to issue an order to join any governmental entity or other person as a party to enforce a legal obligation of the entity or person to the child who is the subject of the proceeding if, before issuing the order, the court provides notice and an opportunity to be heard to the entity or person. Section 1.7 of this bill authorizes the juvenile court to order a facility of the Division to accept and provide services to a child who has been determined to be incompetent. Section 3 of this bill requires a facility of the Division to accept and provide services to a child who has been determined to be incompetent when ordered pursuant to section 1.7 or 2 of this bill. Section 4 of this bill: (1) exempts an admission to a facility of the Division ordered pursuant to section 1.7 or 2 from the requirement that admission to such a facility is only authorized after consultation with and approval by the administrative officer of the facility or the administrative officers designee; and (2) requires the administrative officer of the facility or the administrative officers designee to assist the juvenile court in identifying an alternative facility if the administrative officer or the administrative officers designee determines that the treatment available at the facility is not appropriate or necessary for the childs health and welfare. (NRS 433B.320)
κ2021 Statutes of Nevada, Page 2553 (CHAPTER 395, SB 366)κ
Existing law requires the juvenile court to conduct a periodic review to determine whether a child who has been determined to be incompetent has attained competence. Existing law requires a juvenile court which has determined that a child has not attained competence and is unlikely to attain competence in the foreseeable future to hold a hearing to consider the best interest of the child and the safety of the community and determine whether to dismiss any proceedings against the child and terminate its jurisdiction. (NRS 62D.185) Section 2: (1) requires the juvenile court to issue all necessary and appropriate recommendations and orders; and (2) authorizes the juvenile court to order a facility of the Division to accept and provide services to the child.
Existing law provides that a child found to be incompetent may not be adjudicated delinquent or in need of supervision or placed under the supervision of a juvenile court. (NRS 62D.190) Section 2.3 of this bill provides that a child found to be incompetent may not be committed to the custody of a correctional facility. Additionally, section 2.3 authorizes a child found to be incompetent and unable to attain competence in the foreseeable future to request that his or her records be sealed. Section 2.7 of this bill makes a conforming change to reflect the change regarding the sealing of records in section 2.3.
Section 2.5 of this bill requires each department of juvenile services and the Youth Parole Bureau of the Division to submit data and information relating to any proceeding to determine the competency of a child to the Division. Section 4.3 of this bill requires the Division to: (1) review any current services being provided for the competency of children; (2) develop a plan for the structure of services for competency of children; and (3) submit the plan to Legislative Committee on Child Welfare and Juvenile Justice.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.3. Chapter 62D of NRS is hereby amended by adding thereto a new section to read as follows:
In each proceeding conducted pursuant to the provisions of this title, the juvenile court may issue an order to join any governmental entity or other person as a party to enforce a legal obligation of the entity or person to the child who is the subject of the proceeding if, before issuing the order, the court provides notice and an opportunity to be heard to the governmental entity or person.
Sec. 1.7. NRS 62D.180 is hereby amended to read as follows:
62D.180 1. After the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court shall determine whether the child is incompetent.
2. If the juvenile court determines that the child is competent, the juvenile court shall proceed with the case.
3. If the juvenile court determines that the child is incompetent, the juvenile court shall determine whether:
(a) The child is a danger to himself or herself or society;
(b) Providing services to the child will assist the child in attaining competence and further the policy goals set forth in NRS 62A.360; and
κ2021 Statutes of Nevada, Page 2554 (CHAPTER 395, SB 366)κ
(c) Any services provided to the child can best be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.
4. After the juvenile court makes the determinations set forth in subsection 3, the juvenile court shall issue all necessary and appropriate recommendations and orders. The juvenile court may order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320. As used in this subsection, division facility has the meaning ascribed to it in NRS 433B.070.
5. Any treatment ordered by the juvenile court must provide the level of care, guidance and control that will be conducive to the childs welfare and the best interests of this State.
Sec. 2. NRS 62D.185 is hereby amended to read as follows:
62D.185 1. If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:
(a) Not later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;
(b) After any period of extended treatment;
(c) After the child completes any treatment ordered by the juvenile court;
(d) After a person ordered by the juvenile court to provide services to the child pursuant to NRS 62D.180 determines that the child has attained competence or will never attain competence; or
(e) At shorter intervals as ordered by the juvenile court.
2. Before a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to NRS 62D.180 must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.
3. After a periodic review is conducted pursuant to subsection 1, if the juvenile court determines that the child:
(a) Is competent, the juvenile court shall enter an order accordingly and proceed with the case.
(b) Has not attained competence, the juvenile court shall order appropriate treatment, including, without limitation, residential or nonresidential placement in accordance with NRS 62D.140 to 62D.190, inclusive, commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.
(c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and shall issue all necessary and appropriate recommendations and orders. The juvenile court may, without limitation, order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320 or determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court.
κ2021 Statutes of Nevada, Page 2555 (CHAPTER 395, SB 366)κ
determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court. In determining whether to dismiss a petition and terminate its jurisdiction pursuant to this paragraph, the juvenile court shall consider:
(1) The nature and gravity of the act allegedly committed by the child, including, without limitation, whether the act involved violence, the infliction of serious bodily injury or the use of a weapon;
(2) The date the act was allegedly committed by the child;
(3) The number of times the child has allegedly committed the act;
(4) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;
(5) The extent to which the child has received education, services or treatment relating to remediating, restoring or attaining competence and the response of the child to any such education, services or treatment;
(6) Whether any psychological or psychiatric profiles of the child indicate a risk of recidivism;
(7) The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;
(8) The extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;
(9) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;
(10) The age, mental attitude, maturity level and emotional stability of the child;
(11) The extent of family support available to the child;
(12) Whether the child has had positive psychological and social evaluations; and
(13) Any other factor the juvenile court deems relevant to the determination of whether continued juvenile court jurisdiction will be conducive to the welfare of the child and the safety of the community.
4. As used in this section, division facility has the meaning ascribed to it in NRS 433B.070.
Sec. 2.3. NRS 62D.190 is hereby amended to read as follows:
62D.190 1. If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, during the period that the child remains incompetent, the child may not be:
[1.] (a) Adjudicated a delinquent child or a child in need of supervision; [or
2.] (b) Placed under the supervision of the juvenile court pursuant to a supervision and consent decree pursuant to NRS 62C.230 [.] ; or
(c) Committed to the custody of a correctional facility.
2. If the juvenile court determines that a child is incompetent and unable to attain competence in the foreseeable future pursuant to subsection 3 of NRS 62D.185, the child may petition to have his or her records sealed pursuant to NRS 62H.130.
κ2021 Statutes of Nevada, Page 2556 (CHAPTER 395, SB 366)κ
Sec. 2.5. Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:
1. Not later than December 1 of each year, each department of juvenile services and the Youth Parole Bureau shall submit data and information relating to any proceeding to determine the competency of a child to the Division of Child and Family Services. The information must include, without limitation, for the immediately preceding 12 months:
(a) The number of children evaluated for competency;
(b) The number of children determined not competent to proceed and the nature of the cause for the lack of competency;
(c) The demographic information for each child evaluated for competency; and
(d) Any other data or information which is necessary, as determined by the Division of Child and Family Services.
2. The data and information submitted pursuant to subsection 1 must be submitted in a format determined by the Division of Child and Family Services.
Sec. 2.7. NRS 62H.130 is hereby amended to read as follows:
62H.130 1. If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. Except as otherwise provided in NRS 62E.275, the petition may be filed:
(a) Not earlier than 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent , [or] placed under the supervision of the juvenile court pursuant to NRS 62C.230 [;] or determined to be incompetent and unlikely to attain competence in the foreseeable future pursuant to subsection 3 of NRS 62D.185; and
(b) If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.
2. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer or the Chief of the Youth Parole Bureau.
3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.
4. Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:
(a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and
(b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.
5. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4, the juvenile court may consider:
κ2021 Statutes of Nevada, Page 2557 (CHAPTER 395, SB 366)κ
(a) The age of the child;
(b) The nature of the offense and the role of the child in the commission of the offense;
(c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;
(d) The response of the child to any treatment or rehabilitation program;
(e) The education and employment history of the child;
(f) The statement of the victim;
(g) The nature of any criminal offense for which the child was convicted;
(h) Whether the sealing of the record would be in the best interest of the child and the State; and
(i) Any other circumstance that may relate to the rehabilitation of the child.
6. If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.
Sec. 3. NRS 433B.130 is hereby amended to read as follows:
433B.130 1. The Administrator shall:
(a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.
(b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.
(c) Upon an order of a juvenile court pursuant to NRS 62D.180 or 62D.185, accept and provide services to a child who has been determined to be incompetent by the juvenile court.
2. The Administrator may:
(a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.
3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
4. The Administrator may enter into agreements with the Administrator of the Division of Public and Behavioral Health of the Department or with the Administrator of the Aging and Disability Services Division of the Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of Public and Behavioral Health or the Aging and Disability Services Division, as applicable.
κ2021 Statutes of Nevada, Page 2558 (CHAPTER 395, SB 366)κ
Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of Public and Behavioral Health or the Aging and Disability Services Division, as applicable.
Sec. 4. NRS 433B.320 is hereby amended to read as follows:
433B.320 1. In any case involving commitment by court order, except a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, admission to a treatment facility may be only after consultation with and approval by the administrative officer of the facility or the administrative officers designee, who shall determine whether the treatment available at the facility is appropriate or necessary for the childs health and welfare.
2. [A] In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, if the administrative officer of the facility or the administrative officers designee has determined that the treatment available at the facility is not appropriate or necessary for the childs health and welfare and for the protection of the community, the administrative officer or the administrative officers designee shall assist the court with identifying a facility that has the appropriate or necessary treatment.
3. Except in a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, a child committed by court order must not be released from a treatment facility until the administrative officer determines that treatment in the facility is no longer beneficial to the child.
Sec. 4.3. The Division of Child and Family Services of the Department of Health and Human Services shall review any current services being provided for the competency of children and develop a plan for the structure of services for the competency of children. The plan must be submitted to the Legislative Committee on Child Welfare and Juvenile Justice created by NRS 218E.705 not later than October 1, 2022.
Sec. 4.7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 5. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 6. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2559κ
Assembly Bill No. 153Assemblywoman Bilbray-Axelrod
Joint Sponsor: Senator Brooks
CHAPTER 396
[Approved: June 4, 2021]
AN ACT relating to public financial administration; clarifying that a local government may use any savings realized under a performance contract to make payments required under the performance contract; making a legislative declaration to encourage using agencies to utilize performance contracts to implement operating cost-savings measures; authorizing such agencies to request the reinvestment of savings realized under such performance contracts during the budgetary process; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes and sets forth the requirements for local governments to enter into performance contracts for the purchase and installation of operating cost-savings measures to reduce costs related to such matters as energy, water and the disposal of waste, and related labor costs. (NRS 332.300-332.440) Existing law authorizes a local government to reinvest any savings realized under a performance contract into operating cost-savings measures. (NRS 332.410) Section 1 of this bill clarifies that a local government may also use such savings to make any payments required under the performance contract, including finance charges.
Existing law authorizes certain agencies in the Executive Department of the State Government, known as using agencies, to enter into performance contracts for the purchase and installation of operating cost-savings measures to reduce costs related to such matters as energy, water and the disposal of waste, and related labor costs. (NRS 333A.010-333A.150) Section 2 of this bill makes a legislative declaration and states that it is the policy of the State to encourage, to the extent practicable, a using agency to: (1) utilize the provisions related to a performance contract to implement operating cost-savings measures to reduce costs related to energy, water or the disposal of waste; and (2) continually review whether the using agency could utilize a performance contract to implement operating cost-savings measures to reduce costs related to energy, water or the disposal of waste. Section 3 of this bill authorizes such an agency to request the reinvestment of savings realized under such a performance contract as part of the process for the preparation of the proposed budget of the Executive Department.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.410 is hereby amended to read as follows:
332.410 A local government may [reinvest] use any savings realized [under] throughout the term of a performance contract [whenever practical] to:
1. Make any payments required under the performance contract, including, without limitation, the payment of finance charges; and
2. Reinvest into other operating cost-savings measures provided the local government:
κ2021 Statutes of Nevada, Page 2560 (CHAPTER 396, AB 153)κ
[1.] (a) Is satisfying all its other obligations under the performance contract; and
[2.] (b) Complies with the requirements of NRS 332.300 to 332.440, inclusive, when reinvesting the savings into other operating cost-savings measures.
Sec. 2. Chapter 333A of NRS is hereby amended by adding thereto a new section to read as follows:
The Legislature hereby declares that it is the policy of this State to encourage, to the extent practicable, a using agency to:
1. Utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste; and
2. Continually review whether the using agency could utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste.
Sec. 3. NRS 353.210 is hereby amended to read as follows:
353.210 1. Except as otherwise provided in subsections 6 and 7, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:
(a) The number of full-time equivalent positions within the department, institution or agency.
(b) The number of full-time equivalent positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy.
(c) Any existing contracts for services the department, institution or agency has with temporary employment services or other persons, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such services. If such contracts include any privatization contracts, a copy of each of those privatization contracts together with:
(1) A statement specifying the duration of the privatization contracts;
(2) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for the privatization contracts; and
(3) An analysis of each of the privatization contracts, which includes, without limitation:
(I) For the preceding, current and next fiscal years, the annual amount required to perform each of the privatization contracts; and
(II) For the preceding and current fiscal years, the number of persons the department, institution or agency employed pursuant to the privatization contracts, reflected as the equivalent full-time position if the persons were regularly employed by the department, institution or agency, including the equivalent hourly wage and the cost of benefits for each job classification.
κ2021 Statutes of Nevada, Page 2561 (CHAPTER 396, AB 153)κ
(d) If the department, institution or agency has any existing performance contracts that it has entered into pursuant to chapter 333A of NRS, any request to reinvest any savings realized under such a contract for the next 2 fiscal years.
(e) Estimates of expenditure requirements of the department, institution or agency, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.
3. The Budget Division of the Office of Finance shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Office of Finance and personnel of other state agencies regarding budget estimates. A Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative may attend any such conference.
4. The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures by program or budgetary account and by category of expense, and must include a mission statement and measurement indicators in adequate detail to comply with the requirements of subparagraph (3) of paragraph (b) of subsection 1 of NRS 353.205. The organizational units may be subclassified by functions and by agencies, bureaus or commissions, or in any other manner at the discretion of the Chief.
5. If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chiefs office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.
6. Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.
7. On or before September 1 of each even-numbered year, the Tahoe Regional Planning Agency shall submit the budget which the Agency proposes to submit to the Legislature to:
(a) The Chief for his or her information in preparing the proposed executive budget.
(b) The Fiscal Analysis Division of the Legislative Counsel Bureau.
8. The information provided by a department, institution or agency pursuant to paragraph (c) of subsection 1 is a public record and must be open to public inspection.
κ2021 Statutes of Nevada, Page 2562 (CHAPTER 396, AB 153)κ
9. As used in this section, privatization contract means a contract executed by or on behalf of a department, institution or agency which authorizes a private entity to provide public services which are:
(a) Substantially similar to the services performed by the public employees of the department, institution or agency; and
(b) In lieu of the services otherwise authorized or required to be provided by the department, institution or agency.
Sec. 4. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 165Assemblymen Hardy, ONeill, Wheeler, Ellison, Roberts; Dickman, Hansen, Krasner, Marzola, Matthews, McArthur, Brittney Miller, Thomas, Titus and Tolles
Joint Sponsors: Senators Buck, Hardy; and Hammond
CHAPTER 397
[Approved: June 4, 2021]
AN ACT relating to veterans; removing the 5-year limitation on assessing certain tuition charges against honorably discharged veterans; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits the Board of Regents of the University of Nevada from assessing tuition charges, which are charges assessed against students who are not residents of Nevada, against veterans of the Armed Forces of the United States who were honorably discharged within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the Nevada System of Higher Education. (NRS 396.540) This bill removes the 5-year limitation on assessing such tuition changes and instead prohibits the Board of Regents from assessing such tuition charges against all veterans that were honorably discharged, including veterans that were honorably discharged more than 5 years before matriculation at a university, state college or community college within the System.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification bona fide is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Matriculation has the meaning ascribed to it in regulations adopted by the Board of Regents.
κ2021 Statutes of Nevada, Page 2563 (CHAPTER 397, AB 165)κ
(c) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:
(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;
(c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:
(1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or
(2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student enrolled at an institution of the System if such students maintain continuous enrollment at an institution of the System;
(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(9);
(e) All public school teachers who are employed full-time by school districts in the State of Nevada;
(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;
(g) Employees of the System who take classes other than during their regular working hours;
(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;
(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;
(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged ; [within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System;] and
(k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart.
3. The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States who were honorably discharged than the exemption provided pursuant to paragraph (j) of subsection 2, if required for the receipt of federal money.
κ2021 Statutes of Nevada, Page 2564 (CHAPTER 397, AB 165)κ
were honorably discharged than the exemption provided pursuant to paragraph (j) of subsection 2, if required for the receipt of federal money.
4. The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 2. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 189Assemblywomen Gorelow, Titus, Bilbray-Axelrod, Carlton, Monroe-Moreno; Anderson, Brown-May, Cohen, Considine, Duran, Gonzαlez, Krasner, Martinez, Marzola, Brittney Miller, Nguyen, Peters, Summers-Armstrong, Thomas and Torres
Joint Sponsors: Senators Cannizzaro, Dondero Loop, D. Harris, Lange and Scheible
CHAPTER 398
[Approved: June 4, 2021]
AN ACT relating to Medicaid; requiring the Director of the Department of Health and Human Services to expand coverage under the State Plan for Medicaid for certain pregnant women; making appropriations to and authorizing expenditures of money by the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to develop and administer a State Plan for Medicaid which includes a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.063, 422.270; 42 U.S.C. § 1396a) Existing law requires the Department to amend the State Plan for Medicaid to seek a waiver of certain provisions of federal law for the purpose of including certain services in the State Plan for Medicaid. (NRS 422.27247, 422.396, 422.3962) Section 1 of this bill requires the Department to expand coverage under the State Plan for Medicaid for pregnant women by: (1) providing that pregnant women who are determined by certain entities to qualify for Medicaid are presumptively eligible for Medicaid for a prescribed period of time, without submitting an application for enrollment in Medicaid which includes additional proof of eligibility; and (2) prohibiting the imposition of a requirement that a pregnant woman who resides in this State and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid. Section 2 of this bill makes a conforming change to indicate that section 1 will be administered in the same manner as the provisions of existing law governing the State Plan for Medicaid. Sections 2.3, 2.6 and 2.9 of this bill make appropriations to and authorize expenditures of money by the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services for projected medical service costs and certain other costs associated with implementing this bill.
κ2021 Statutes of Nevada, Page 2565 (CHAPTER 398, AB 189)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid authorization for a pregnant woman who is determined by a qualified provider to be presumptively eligible for Medicaid to enroll in Medicaid until the last day of the month immediately following the month of enrollment without submitting an application for enrollment in Medicaid which includes additional proof of eligibility.
2. Unless otherwise required by federal law, the Director shall not include in the State Plan for Medicaid a requirement that a pregnant woman who resides in this State and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid.
3. As used in this section, qualified provider has the meaning ascribed to it in 42 U.S.C. § 1396r-1.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
κ2021 Statutes of Nevada, Page 2566 (CHAPTER 398, AB 189)κ
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 2.3. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $683,731 for projected medical service costs.
2. Expenditure of $1,164,316 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 2.6. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $30,125 for information system and actuarial costs associated with implementing this act.
2. Expenditure of $44,375 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
κ2021 Statutes of Nevada, Page 2567 (CHAPTER 398, AB 189)κ
portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 2.9. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $150,900 for the costs of information system changes and training associated with implementing this act.
2. Expenditure of $1,358,100 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 3. This act becomes effective on July 1, 2022.
________
Assembly Bill No. 191Committee on Health and Human Services
CHAPTER 399
[Approved: June 4, 2021]
AN ACT relating to Medicaid; requiring the State Plan for Medicaid to include coverage for the services of a community health worker under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing state law requires the Director of the Department of Health and Human Services to develop and the Department to administer a State Plan for Medicaid, which includes a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.063, 422.270) Existing federal regulations authorize a State Plan for Medicaid to include coverage for certain preventive services recommended by a physician or other licensed practitioner. (42 C.F.R. §§ 440.130, 440.225) Section 1 of this bill requires the Director to include in the State Plan for Medicaid coverage for the services of a community health worker who provides services under the supervision of a physician, physician assistant or advanced practice registered nurse. Section 2 of this bill makes a conforming change to indicate that the provisions of section 1 will be administered in the same manner as the provisions of existing law governing the State Plan for Medicaid.
κ2021 Statutes of Nevada, Page 2568 (CHAPTER 399, AB 191)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, pay the nonfederal share of expenditures incurred for the services of a community health worker who provides services under the supervision of a physician, physician assistant or advanced practice registered nurse.
2. As used in this section, community health worker has the meaning ascribed to it in NRS 449.0027.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
κ2021 Statutes of Nevada, Page 2569 (CHAPTER 399, AB 191)κ
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 3. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 192Committee on Health and Human Services
CHAPTER 400
[Approved: June 4, 2021]
AN ACT relating to public health; revising provisions relating to the reporting of cases of syphilis; requiring, with certain exceptions, the testing of pregnant women for certain sexually transmitted infections; revising provisions concerning the testing and treatment of pregnant women for syphilis; restricting the amount that certain persons and facilities may require a third party insurer to pay for certain testing; revising penalties for failure to comply with provisions concerning testing of pregnant women for sexually transmitted infections; providing a civil penalty; requiring certain third party insurers to cover the testing of pregnant women for certain sexually transmitted infections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) requires the State Board of Health to prescribe by regulation the diseases that are known to be communicable; and (2) requires a provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease to report that fact to the local health authority. (NRS 441A.120, 441A.150) Section 1 of this bill requires the Board to designate syphilis as a communicable disease. Section 1.2 of this bill requires a report of a pregnant woman who has syphilis to include certain information relating to the treatment, if any, provided to the pregnant woman.
Existing law: (1) generally requires physicians and other persons who attend to a pregnant woman for conditions relating to her pregnancy to conduct a test for syphilis on the pregnant woman during the first and third trimesters of pregnancy; (2) requires a pregnant woman who tests positive for syphilis to receive treatment; and (3) provides that a violation of those requirements is a misdemeanor. (NRS 442.010, 442.020) Section 1.6 of this bill requires physicians and other persons who attend to pregnant women to make or ensure the performance of an examination and testing of a pregnant woman for Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C, unless the pregnant woman opts out of such examination and testing.
κ2021 Statutes of Nevada, Page 2570 (CHAPTER 400, AB 192)κ
women to make or ensure the performance of an examination and testing of a pregnant woman for Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C, unless the pregnant woman opts out of such examination and testing. Section 2 of this bill expands the requirement to test a pregnant woman for syphilis by requiring certain medical facilities, other than a hospital, and an emergency department or labor and delivery unit in a hospital evaluating or treating a pregnant woman to test the pregnant woman for syphilis if the pregnant woman indicates she has not had certain prenatal screenings and tests. Section 2 additionally removes: (1) a requirement that a pregnant woman infected with syphilis commence treatment and instead requires the person or facility performing the testing to provide or refer for treatment if the woman consents; and (2) a restriction that a pregnant woman is only authorized to refuse testing for syphilis for religious reasons, thereby authorizing a pregnant woman to refuse such testing for any reason. Section 2 also revises the times at which a pregnant woman must be tested for syphilis. Section 1.8 of this bill restricts the amount that a physician or other person who attends a pregnant woman, a hospital or other medical facility or a medical laboratory is authorized to require a third party insurer to pay for the testing and treatment required by sections 1.6 and 2. Section 3 of this bill: (1) replaces the misdemeanor violation for violating syphilis testing requirements with a civil penalty for persons who willfully violate those requirements; and (2) authorizes the imposition of a civil penalty against a person who willfully violates the requirements of section 1.6 concerning testing for other sexually transmitted infections or the provisions of section 1.8 restricting the amount that a third party may be billed.
Existing law requires public and private policies of insurance regulated under Nevada law to include certain coverage. (NRS 287.010, 287.04335, 422.2712-422.27421, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1655-689C.169, 689C.194, 689C.1945, 689C.195, 695A.184-695A.1875, 695B.1901-695B.1948, 695C.1691-695C.176, 695G.162-695G.177) Existing law also requires employers to provide certain benefits to employees, including the coverage required of health insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 5-9, 11, 12, 14-17 and 19 of this bill require certain public and private health plans, including Medicaid, to provide coverage without prior authorization for an examination and testing of a pregnant woman for: (1) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6; and (2) syphilis in accordance with section 2. Sections 4, 10 and 13 of this bill make conforming changes to indicate the proper placement of sections 7, 9 and 12 of this bill in the Nevada Revised Statutes. Section 18 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirement of section 16 of this bill to provide coverage for the examination and testing described in sections 1.6 and 2. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 9, 11, 12, 14, 15 and 19 of this bill. (NRS 680A.200)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 441A.120 is hereby amended to read as follows:
441A.120 1. The Board shall adopt regulations governing the control of communicable diseases in this State, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:
(a) The diseases which are known to be communicable [.] , which must include, without limitation, syphilis.
(b) The communicable diseases which are known to be sexually transmitted.
κ2021 Statutes of Nevada, Page 2571 (CHAPTER 400, AB 192)κ
(c) The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.
(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.
(e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.
2. The Board shall adopt regulations governing the procedures for reporting cases or suspected cases of drug overdose to the Chief Medical Officer or his or her designee, including the time within which such reports must be made and the information that such reports must include.
3. The duties set forth in the regulations adopted by the Board pursuant to subsection 1 must be performed by:
(a) In a district in which there is a district health officer, the district health officer or the district health officers designee; or
(b) In any other area of the State, the Chief Medical Officer or the Chief Medical Officers designee.
Sec. 1.2. NRS 441A.150 is hereby amended to read as follows:
441A.150 1. A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. A report of a pregnant woman who has or is suspected of having syphilis must include, without limitation, the fact that the case occurred in a pregnant woman and:
(a) If treatment was provided, the type of treatment that was provided; or
(b) If the pregnant woman refused treatment, the fact that the pregnant woman refused treatment.
2. A provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board. The Chief Medical Officer or his or her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.
3. A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease or who has suffered or is suspected of having suffered a drug overdose shall establish administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.
4. A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority.
κ2021 Statutes of Nevada, Page 2572 (CHAPTER 400, AB 192)κ
that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.
5. If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.
Sec. 1.4. Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.6 and 1.8 of this act.
Sec. 1.6. 1. Except as otherwise provided in subsection 2, a physician or other person permitted by law to attend upon a pregnant woman during gestation for conditions relating to her pregnancy shall make or ensure the performance of an examination of each pregnant woman to whom he or she attends, including any standard laboratory tests recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, for the discovery of Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C. The physician or other person shall ensure that any necessary samples are taken from the pregnant woman and submitted to a laboratory licensed pursuant to chapter 652 of NRS for the testing required by this subsection.
2. A pregnant woman may opt out of any testing required by subsection 1.
Sec. 1.8. 1. A physician or other person permitted by law to attend upon a pregnant woman during gestation for conditions relating to her pregnancy shall not require a third party to pay more for any examination or test required by NRS 442.010 or section 1.6 of this act than the lowest rate prescribed in a contract between the third party and a provider of the same type as the physician or other person for the same test or treatment.
2. A laboratory shall not require a third party to pay more for any test required by NRS 442.010 or section 1.6 of this act than the lowest rate prescribed in a contract between the third party and a laboratory for the same test.
3. A hospital or other facility at which a sample is taken for the purpose of performing a test required by NRS 442.010 or section 1.6 of this act shall not require a third party to pay more for the test than the cost incurred by the hospital or other facility to process the sample, including, without limitation, the cost of sending the sample to a laboratory.
4. As used in this section, third party means:
(a) An insurer, as that term is defined in NRS 679B.540;
(b) A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for prescription drugs;
(c) A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or
(d) Any other insurer or organization that provides health coverage or benefits in accordance with state or federal law.
Sec. 2. NRS 442.010 is hereby amended to read as follows:
442.010 1. Except as otherwise provided in subsection [5,] 6, every:
(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, including a standard serological test, for the discovery of syphilis.
κ2021 Statutes of Nevada, Page 2573 (CHAPTER 400, AB 192)κ
standard serological test, for the discovery of syphilis. The physician shall take or cause to be taken a sample of blood of the woman [during the first and third trimesters] at the times prescribed by subsection 2, if applicable, and shall submit the sample to a [qualified] laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
(b) Person permitted by law to attend upon pregnant women, but not permitted by law to make blood tests in Nevada, shall cause a sample of the blood of the pregnant woman to be taken [during the first and third trimesters] at the times prescribed by subsection 2, if applicable, by a duly licensed physician and submitted to a [qualified] laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
(c) Non-hospital medical facility or emergency department or labor and delivery unit in a hospital that evaluates or treats a woman of childbearing age shall ensure that:
(1) The woman is asked if she is pregnant and, if she responds in the affirmative, whether she has had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization; and
(2) An examination is made, including a standard serological test, for the discovery of syphilis, if the woman indicates that she is pregnant and has not had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization. The non-hospital medical facility, emergency department or labor and delivery unit shall ensure that a sample of blood of the woman is taken at the times prescribed by subsection 2, if applicable, and shall ensure the submission of the sample to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
2. [A qualified laboratory is one approved by the State Board of Health.] An examination for the discovery of syphilis pursuant to subsection 1 must be performed:
(a) During the first trimester of pregnancy at the first visit to a physician or other person permitted by law to attend upon pregnant women, a non-hospital medical facility or an emergency department or labor and delivery unit of a hospital or as soon thereafter as practicable;
(b) During the third trimester of pregnancy between the 27th and 36th week of gestation or as soon thereafter as practicable; and
(c) At delivery for a pregnant woman who:
(1) Should be routinely tested for infection with syphilis, as recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
(2) Lives in an area designated by the Division as having high syphilis morbidity;
(3) Did not receive prenatal care; or
(4) Delivers a stillborn infant after 20 weeks of gestation.
3. A qualified serological test for syphilis is one recognized as such by the State Board of Health.
[3.] 4. If the test is made in a state laboratory, it must be made without charge.
[4.] 5. If [the] a serological or physical examination test performed pursuant to subsection 1 shows [the] that a pregnant woman is infected with syphilis, [she immediately shall commence treatment for syphilis and shall continue treatment until discharged by a licensed physician.]
κ2021 Statutes of Nevada, Page 2574 (CHAPTER 400, AB 192)κ
continue treatment until discharged by a licensed physician.] the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit shall:
(a) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is capable of providing treatment for syphilis, seek the consent of the pregnant woman to begin such treatment and, if such consent is obtained, commence treatment; or
(b) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is not capable of providing treatment for syphilis, seek the consent of the pregnant woman to refer her for such treatment and, if such consent is obtained, issue the referral.
[5.] 6. If the pregnant woman objects to the taking of the sample of blood or the serological test , [because the test is contrary to the tenets or practices of her religion,] the sample must not be taken and the test must not be performed.
7. As used in this section, non-hospital medical facility means:
(a) An obstetric center;
(b) An independent center for emergency medical care, as defined in NRS 449.013;
(c) A psychiatric hospital, as defined in NRS 449.0165;
(d) A rural clinic, as defined in NRS 449.0175;
(e) A facility for modified medical detoxification, as defined in NRS 449.00385;
(f) A mobile unit, as defined in NRS 449.01515; and
(g) A community triage center, as defined in NRS 449.0031.
Sec. 3. NRS 442.020 is hereby amended to read as follows:
442.020 [Any]
1. Any person or entity willfully violating any of the provisions of NRS 442.010 [shall be guilty of a misdemeanor.] or sections 1.6 or 1.8 of this act may be assessed a civil penalty of not more than $500.
2. An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the Attorney General.
Sec. 4. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 7 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
κ2021 Statutes of Nevada, Page 2575 (CHAPTER 400, AB 192)κ
law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 5. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
κ2021 Statutes of Nevada, Page 2576 (CHAPTER 400, AB 192)κ
the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 11 of this act, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
κ2021 Statutes of Nevada, Page 2577 (CHAPTER 400, AB 192)κ
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
6. As used in this section, legal services organization means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
Sec. 6. NRS 287.04335 is hereby amended to read as follows:
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 19 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 7. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The Director shall include in the State Plan for Medicaid a requirement that the State must pay the nonfederal share of expenditures incurred for the examination of a pregnant woman for the discovery of:
1. Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
2. Syphilis in accordance with NRS 442.010.
Sec. 8. NRS 687B.225 is hereby amended to read as follows:
687B.225 1. Except as otherwise provided in NRS 689A.0405, 689A.0413, 689A.044, 689A.0445, 689B.031, 689B.0313, 689B.0317, 689B.0374, 695B.1912, 695B.1914, 695B.1925, 695B.1942, 695C.1713, 695C.1735, 695C.1745, 695C.1751, 695G.170, 695G.171 and 695G.177 [,] and sections 9, 11, 12, 14, 15, 16 and 19 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:
(a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner; and
(b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.
2. The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.
Sec. 9. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that issues a policy of health insurance shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
κ2021 Statutes of Nevada, Page 2578 (CHAPTER 400, AB 192)κ
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the insurer; and
(b) Without prior authorization.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 10. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 9 of this act.
Sec. 11. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that issues a policy of group health insurance shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the insurer; and
(b) Without prior authorization.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.
κ2021 Statutes of Nevada, Page 2579 (CHAPTER 400, AB 192)κ
whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 12. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that issues a health benefit plan shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the carrier; and
(b) Without prior authorization.
3. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 13. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 12 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 14. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that issues a benefit contract shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the society; and
(b) Without prior authorization.
3. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the contract that conflicts with the provisions of this section is void.
κ2021 Statutes of Nevada, Page 2580 (CHAPTER 400, AB 192)κ
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a benefit contract offered by a society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 15. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that issues a policy of health insurance shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the hospital or medical services corporation; and
(b) Without prior authorization.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a policy of health insurance offered by a hospital or medical services corporation under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the hospital or medical services corporation. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 16. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that issues a health care plan shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the enrollee by a provider of health care, facility or medical laboratory that participates in the network plan of the health maintenance organization; and
κ2021 Statutes of Nevada, Page 2581 (CHAPTER 400, AB 192)κ
(b) Without prior authorization.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 17. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 and section 16 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
Sec. 18. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
κ2021 Statutes of Nevada, Page 2582 (CHAPTER 400, AB 192)κ
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 16 of this act or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind.
κ2021 Statutes of Nevada, Page 2583 (CHAPTER 400, AB 192)κ
solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 19. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that issues a health care plan shall provide coverage for the examination of a pregnant woman for the discovery of:
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(b) Syphilis in accordance with NRS 442.010.
2. The coverage required by this section must be provided:
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the managed care organization; and
(b) Without prior authorization.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(b) Network plan means a health care plan offered by a managed care organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the managed care organization. The term does not include an arrangement for the financing of premiums.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 20. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 21. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2584κ
Assembly Bill No. 211Assemblywoman Jauregui
CHAPTER 401
[Approved: June 4, 2021]
AN ACT relating to land use planning; requiring, with certain exceptions, a copy of the tentative map of the design of a proposed subdivision of land to be forwarded to the Department of Wildlife for review; revising the factors that are considered before taking final action on a tentative map; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth an approval process for the subdivision of land that requires a subdivider of land to submit a tentative map to the planning commission or governing body of a county or city, as applicable. (NRS 278.330) Existing law also requires the tentative map to be forwarded to certain state agencies and local governments for review. (NRS 278.335)
Section 1.5 of this bill requires the tentative map to be forwarded to the Department of Wildlife for review unless: (1) the governing body has adopted a habitat conservation plan for multiple species that includes a determination of the impact to wildlife and wildlife habitat and the habitat conservation plan was approved by the United States Fish and Wildlife Service; or (2) the proposed subdivision is infill development which is proposed on a vacant or substantially vacant tract of land that is surrounded by land that is already developed. Section 1.2 of this bill authorizes the Board of Wildlife Commissioners to establish by regulation certain fees for the review of a tentative map by the Department. Section 2.5 of this bill makes a conforming change related to the requirement in section 1.2 to deposit such fees in the Wildlife Account in the State General Fund.
Existing law requires a governing body or planning commission to consider certain factors before taking final action on a tentative map. (NRS 278.349) Section 2 of this bill additionally requires the governing body or planning commission to consider the potential impact to wildlife and wildlife habitat before taking final action on a tentative map.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.2. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Wildlife Commissioners may establish by regulation reasonable fees for the review of a tentative map by the Department of Wildlife pursuant to NRS 278.335. The amount of such fees for the Department to review a tentative map must not exceed a flat fee of $250 plus an additional fee of not more than $5 per acre shown on the tentative map.
2. All fees collected pursuant to subsection 1 must be deposited in the Wildlife Account in the State General Fund pursuant to NRS 501.356.
κ2021 Statutes of Nevada, Page 2585 (CHAPTER 401, AB 211)κ
3. The Board of Wildlife Commissioners may adopt any other regulations necessary for the Department of Wildlife to carry out its duties pursuant to NRS 278.335.
Sec. 1.3. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1.2 of this act unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 1.5. NRS 278.335 is hereby amended to read as follows:
278.335 1. A copy of the tentative map must be forwarded by the planning commission or its designated representative, or if there is no planning commission, the clerk or other designated representative of the governing body, for review to:
(a) The Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources . [;]
(b) The district board of health acting for the Division of Environmental Protection pursuant to subsection 2 . [; and]
(c) If the subdivision is subject to the provisions of NRS 704.6672, the Public Utilities Commission of Nevada.
(d) Except as otherwise provided in this paragraph, the Department of Wildlife. This paragraph does not apply if:
(1) The governing body has adopted a habitat conservation plan for multiple species of wildlife that evaluates the potential impacts to wildlife and wildlife habitats from the development of land, including, without limitation, any determination of impact to wildlife and wildlife habitat required pursuant to federal law, and the habitat conservation plan has been approved by the United States Fish and Wildlife Service; or
(2) The proposed subdivision is infill development which is proposed on a vacant or substantially vacant tract of land that is surrounded by land that is already developed.
2. In a county whose population is 100,000 or more, if the county and one or more incorporated cities in the county have established a district board of health, the authority of the Division of Environmental Protection to review and certify proposed subdivisions and to conduct construction or installation inspections must be exercised by the district board of health.
3. A district board of health which conducts reviews and inspections under this section shall consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities. At least four times annually, the district board of health shall notify the Division of Environmental Protection which subdivisions met these requirements of law and have been certified by the district board of health.
4. The State is not chargeable with any expense incurred by a district board of health acting pursuant to this section.
5. Each reviewing agency shall, within 15 days after the receipt of the tentative map, file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.
κ2021 Statutes of Nevada, Page 2586 (CHAPTER 401, AB 211)κ
Sec. 2. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:
(a) In a county whose population is 700,000 or more, within 45 days; or
(b) In a county whose population is less than 700,000, within 60 days,
Κ after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:
(a) In a county whose population is 700,000 or more, within 45 days; or
(b) In a county whose population is less than 700,000, within 60 days,
Κ after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as floodplain, slope and soil;
(i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands; [and]
(k) The potential impacts to wildlife and wildlife habitat; and
(l) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.
4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. The governing body or planning commission shall not approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.
κ2021 Statutes of Nevada, Page 2587 (CHAPTER 401, AB 211)κ
approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 2.5. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the Department from:
(a) The sale of licenses;
(b) Fees described in section 1.2 of this act;
(c) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
[(c)] (d) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;
[(d)] (e) Appropriations made by the Legislature; and
[(e)] (f) All other sources, including, without limitation, the Federal Government, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Account pursuant to NRS 501.3575, the Wildlife Trust Fund pursuant to NRS 501.3585, the Energy Planning and Conservation Account created by NRS 701.630 or the Account for the Recovery of Costs created by NRS 701.640,
Κ must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.
3. Except as otherwise provided in subsection 4 and NRS 503.597, the Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250, 502.410 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:
(a) Only for the protection, propagation and management of wildlife; and
(b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2588κ
Assembly Bill No. 216Committee on Health and Human Services
CHAPTER 402
[Approved: June 4, 2021]
AN ACT relating to Medicaid; requiring the State Plan for Medicaid to include coverage for certain cognitive assessment and care planning services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to develop and administer a State Plan for Medicaid which includes, without limitation, a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.270-422.27495) Section 1 of this bill requires the Director of the Department to include in the State Plan for Medicaid coverage for cognitive assessment and care planning services for persons who experience signs or symptoms of cognitive impairment. Section 2 of this bill makes a conforming change to indicate that section 1 would be administered in the same manner as other provisions of existing law governing the State Plan for Medicaid.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for cognitive assessment and care planning services provided to a person who experiences signs or symptoms of cognitive impairment.
2. As used in this section cognitive impairment means a deficiency in:
(a) Short-term or long-term memory;
(b) Orientation as to person, place and time; or
(c) Deductive or abstract reasoning.
Κ The term does not include any condition with temporary or reversible effects.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
κ2021 Statutes of Nevada, Page 2589 (CHAPTER 402, AB 216)κ
450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2590κ
Assembly Bill No. 219Assemblymen Yeager, Nguyen, C.H. Miller, Krasner, ONeill; Bilbray-Axelrod, Cohen, Gonzαlez, Hardy, Marzola and Orentlicher
CHAPTER 403
[Approved: June 4, 2021]
AN ACT relating to criminal justice; authorizing the sealing of criminal records after a pardon; requiring the sealing of criminal records under certain circumstances; authorizing the appeal of certain petitions to seal criminal records; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates a comprehensive system for the sealing of criminal records. (NRS 179.2405-179.301) Under existing law there is a presumption that criminal records should be sealed when the petitioner satisfies all statutory requirements for the sealing of the records. (NRS 179.2445) This bill requires a court to seal the criminal records of a petitioner under certain circumstances and makes various other changes to provisions governing the sealing of criminal records.
Section 1 of this bill requires a court and the Central Repository for Nevada Records of Criminal History to seal the criminal records of a person upon receipt of a certified copy of the unconditional pardon of the person from the State Board of Pardons Commissioners. If the recipient of the pardon files a petition to seal his or her criminal records, section 1 requires the court to grant the petition without review by the prosecuting attorney or agency so long as the charges that were pardoned are the same as the charges requested to be sealed.
Existing law authorizes a court to order the sealing of criminal records if a person convicted in the court submits a petition and the prosecuting attorney stipulates to the sealing of the records. If the prosecuting attorney does not stipulate to the sealing of the criminal records, existing law requires a hearing to be conducted to determine if the records should be sealed. (NRS 179.245, 179.247) Sections 3 and 4 require: (1) a hearing on the petition to be held to determine if the criminal records should be sealed if the court has not otherwise ordered the sealing of the records or the prosecuting agency files a written objection; and (2) the petition to be granted unless an objecting party presents certain evidence. Section 2.5 of this bill makes a conforming change.
Existing law authorizes a person to petition a court to seal all records relating to an arrest if: (1) the person was never prosecuted for the crime; (2) a charge was filed against the person but later dismissed; or (3) the person was acquitted of the crime. If the prosecuting attorney stipulates to the sealing of the records relating to the arrest, existing law authorizes the court to seal the records. If the prosecuting attorney does not stipulate to the sealing of the records, existing law requires a hearing to be conducted to determine if the records should be sealed. (NRS 179.255) Section 5 of this bill: (1) requires a court to grant a petition to seal all records relating to an arrest if the prosecuting agency stipulates to sealing the records or if there is no evidence that further action will be taken against the person and the person was acquitted of the crime; and (2) authorizes the court to seal all records relating to an arrest if there is no evidence that further action will be taken against the person and the person was never prosecuted for the crime or a charge was filed against the person but later dismissed. Section 5 further requires: (1) that a hearing be conducted if the court has not otherwise ordered the sealing of the records or the prosecuting agency files a written objection to a petition to seal the records of the arrest; and (2) the court to seal the records of the arrest pursuant to the statutory presumption favoring the sealing of records unless an objecting party presents certain evidence. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection and the petitioner satisfies all statutory requirements to seal the records relating to the arrest, section 5 requires the court to seal the records without a hearing.
κ2021 Statutes of Nevada, Page 2591 (CHAPTER 403, AB 219)κ
does not stipulate to the sealing of the records or does not file a written objection and the petitioner satisfies all statutory requirements to seal the records relating to the arrest, section 5 requires the court to seal the records without a hearing.
Section 6 of this bill authorizes a person to appeal the denial of a petition to seal a record. Section 7 of this bill authorizes a person to appeal the denial of a petition to seal records relating to a crime that has been decriminalized.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a court and the Central Repository for Nevada Records of Criminal History receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, the court and the Central Repository for Nevada Records of Criminal History shall seal all records of criminal history subject to the pardon.
2. If a person receives a pardon from the State Board of Pardons Commissioners, the person may submit a written petition, accompanied by proof of the pardon, to any court in which the person was convicted for the sealing of all records of criminal history in its possession and in the possession of any agency of criminal justice relating to the charges for which the person received the pardon.
3. A petition submitted to a court pursuant to this section is not subject to review by the prosecuting attorney or an agency of criminal justice.
4. The court shall grant a petition submitted to the court pursuant to this section unless the charges listed in the petition are different from the charges listed in the pardon.
5. No fee may be charged by any court or agency of criminal justice for the submission of a petition pursuant to this section.
Sec. 2. NRS 179.2405 is hereby amended to read as follows:
179.2405 The Legislature hereby declares that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons in accordance with NRS 179.2405 to 179.301, inclusive [.] , and section 1 of this act.
Sec. 2.5. NRS 179.2445 is hereby amended to read as follows:
179.2445 1. Except as otherwise provided in subsection 2, upon the filing of a petition for the sealing of records pursuant to NRS 179.245, 179.247, 179.255, 179.259 or 179.2595, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.
2. The presumption set forth in subsection 1 does not apply to a defendant who is given a dishonorable discharge from probation pursuant to NRS 176A.850 and applies to the court for the sealing of records relating to the conviction.
Sec. 3. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
κ2021 Statutes of Nevada, Page 2592 (CHAPTER 403, AB 219)κ
(a) A category A felony, a crime of violence pursuant to NRS 200.408 or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
4. If the prosecuting [attorney who] agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records.
κ2021 Statutes of Nevada, Page 2593 (CHAPTER 403, AB 219)κ
records. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to the sealing of the records,] agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.
5. If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
6. A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.430;
(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(h) A violation of NRS 488.420 or 488.425.
7. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
8. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
κ2021 Statutes of Nevada, Page 2594 (CHAPTER 403, AB 219)κ
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
(17) An attempt to commit an offense listed in this paragraph.
Sec. 4. NRS 179.247 is hereby amended to read as follows:
179.247 1. If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:
(a) Vacating the judgment; and
(b) Sealing all documents, papers and exhibits in the persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order.
2. A person may file a petition pursuant to subsection 1 if the person was convicted of:
(a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;
(b) A crime under the laws of this State, other than a crime of violence; or
(c) A violation of a county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.
3. A petition filed pursuant to subsection 1 must satisfy the requirements of NRS 179.245.
κ2021 Statutes of Nevada, Page 2595 (CHAPTER 403, AB 219)κ
4. The court may grant a petition filed pursuant to subsection 1 if:
(a) The petitioner was convicted of a violation of an offense described in subsection 2;
(b) The participation of the petitioner in the offense was the result of the petitioner having been a victim of:
(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or
(2) Involuntary servitude as described in NRS 200.463 or 200.4631; and
(c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.
5. Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:
(a) Notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in the county in which the petitioner was convicted and allow the prosecuting attorney who prosecuted the petitioner for the crime and any person to testify and present evidence on behalf of any such entity; and
(b) Take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the granting of the petition.
6. If the prosecuting [attorney who] agency that prosecuted the petitioner for the crime stipulates to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case, the court shall apply the presumption set forth in NRS 179.2445, vacate the judgment and seal all documents, papers and exhibits related to the case. If the prosecuting agency does not stipulate to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case or does not file a written objection within 30 days after receiving notification pursuant to subsection 5 and the court makes the findings set forth in subsection 4, the court may vacate the judgment and seal all documents, papers and exhibits in accordance with subsection 7 without a hearing. If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to vacating the judgment and sealing the documents, papers and exhibits,] agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall vacate the judgment, apply the presumption and seal all documents, papers and exhibits related to the case.
7. If the court grants a petition filed pursuant to subsection 1, the court shall:
(a) Vacate the judgment and dismiss the accusatory pleading; and
(b) Order sealed all documents, papers and exhibits in the petitioners record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order.
8. If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioners record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.
κ2021 Statutes of Nevada, Page 2596 (CHAPTER 403, AB 219)κ
otherwise deficient with respect to the sealing of the petitioners record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.
9. If the court enters an order pursuant to subsection 8, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection 7, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.
10. As used in this section, crime of violence means:
(a) Any offense involving the use or threatened use of force or violence against the person or property of another; or
(b) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
Sec. 5. NRS 179.255 is hereby amended to read as follows:
179.255 1. If a person has been arrested for alleged criminal conduct and the charges are dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:
(a) The court in which the charges were dismissed, at any time after the date the charges were dismissed;
(b) The court having jurisdiction in which the charges were declined for prosecution:
(1) Any time after the applicable statute of limitations has run;
(2) Any time 8 years after the arrest; or
(3) Pursuant to a stipulation between the parties; or
(c) The court in which the acquittal was entered, at any time after the date of the acquittal,
Κ for the sealing of all records relating to the arrest and the proceedings leading to the dismissal, declination or acquittal.
2. If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.
3. A petition filed pursuant to subsection 1 or 2 must:
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;
(c) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or acquittal and to whom the order to seal records, if issued, will be directed; and
(e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
κ2021 Statutes of Nevada, Page 2597 (CHAPTER 403, AB 219)κ
(1) Date of birth of the petitioner;
(2) Specific charges that were dismissed or of which the petitioner was acquitted; and
(3) Date of arrest relating to the specific charges that were dismissed or of which the petitioner was acquitted.
4. Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the charges were dismissed, declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county; or
(b) If the charges were dismissed, declined for prosecution or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
5. Upon receiving a petition pursuant to subsection 2, the court shall notify:
(a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or
(b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.
Κ The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
6. If the prosecuting [attorney] agency that prosecuted or declined to prosecute the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 4 or 5 and the court makes the findings set forth in subsection 7 or 8, as applicable, the court may order the sealing of the records in accordance with subsection 7 or 8, as applicable, without a hearing. If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to the sealing of the records,] agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.
7. If the court finds [that] :
(a) That there has been an acquittal [, that the prosecution was declined or that the charges were dismissed] and there is no evidence that further action will be brought against the person, the court [may] shall order sealed all records of the arrest and of the proceedings leading to the acquittal [, declination or dismissal] which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada [.] ; or
(b) That prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
κ2021 Statutes of Nevada, Page 2598 (CHAPTER 403, AB 219)κ
8. If the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
9. If the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection 7, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges. If such charges are filed with the court, the court shall order the inspection of the records without the prosecuting attorney having to petition the court pursuant to NRS 179.295.
Sec. 6. NRS 179.265 is hereby amended to read as follows:
179.265 1. A person whose petition is denied under NRS 179.245 or 179.255 may petition for a rehearing not sooner than 2 years after the denial of the previous petition.
2. [No person may petition for more than two rehearings.] A person whose petition is denied may file an appeal.
Sec. 7. NRS 179.271 is hereby amended to read as follows:
179.271 1. Except as otherwise provided in this section, if an offense is decriminalized:
(a) Any person who was convicted of that offense before the date on which the offense was decriminalized may submit a written request to any court in which the person was convicted of that offense for the sealing of any record of criminal history in its possession and in the possession of any agency of criminal justice relating to the conviction.
(b) Upon receipt of a request pursuant to paragraph (a), the court shall, as soon as practicable, send written notice of the request to the office of the prosecuting attorney that prosecuted the offense. If the office of the prosecuting attorney objects to the granting of the request, a written objection to the request must be filed with the court within 10 judicial days after the date on which notice of the request was received. If no written objection to the request is filed, the court shall grant the request. If a written objection to the request is filed, the court must hold a hearing on the request. At the hearing, the court shall grant the request unless the prosecuting attorney establishes, by clear and convincing evidence, that there is good cause not to grant the request. The decision of the court to [grant or] deny the request is [not] subject to appeal.
2. No fee may be charged by any court or agency of criminal justice for the submission of a request pursuant to this section.
3. The provisions of this section do not apply to a traffic offense.
4. As used in this section:
(a) Decriminalized means that an offense is no longer punishable as a crime as the result of enactment of an act of the Legislature or the passage of a referendum petition or initiative petition pursuant to Article 19 of the Nevada Constitution.
(b) Traffic offense means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State.
________
κ2021 Statutes of Nevada, Page 2599κ
Assembly Bill No. 220Assemblymen Frierson, Yeager, Benitez-Thompson; Bilbray-Axelrod, Cohen, Flores, Jauregui, Brittney Miller, Nguyen and Watts
CHAPTER 404
[Approved: June 4, 2021]
AN ACT relating to peace officers; requiring each law enforcement agency to adopt a written policy establishing standards of conduct for the use of mobile devices by peace officers employed by the law enforcement agency; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines a law enforcement agency as any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which has a duty to enforce the law and which employs any peace officer or officers. (NRS 289.010) This bill: (1) requires each law enforcement agency to adopt a written policy establishing standards of conduct for the use of a mobile device issued by the law enforcement agency to any peace officer employed by the agency; and (2) sets forth specific requirements relating to the policy.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each law enforcement agency shall adopt a written policy setting forth standards of conduct for the use of any mobile device issued by the law enforcement agency to any peace officer employed by the agency for use by the peace officer while performing official duties.
2. In addition to including rules for the appropriate use of a mobile device by a peace officer while performing official duties, the written policy adopted by a law enforcement agency pursuant to this section must:
(a) Establish which mobile applications are approved for official use on a mobile device; and
(b) Prohibit the use of any mobile application that is not approved for official use on a mobile device.
3. A law enforcement agency may not approve for official use on a mobile device any mobile application that uses end-to-end
encryption or any other means with the intent to avoid the creation, retention or lawful discovery of records or data relating to the communications of a peace officer.
________
κ2021 Statutes of Nevada, Page 2600κ
Assembly Bill No. 225Assemblymen Tolles, Brown-May; Anderson, Duran, Gorelow, Hansen, Hardy, Krasner, Leavitt, Nguyen, Roberts and Torres
Joint Sponsors: Senators Lange; and Denis
CHAPTER 405
[Approved: June 4, 2021]
AN ACT relating to education; requiring the Commission on Professional Standards in Education to consider alternative means of demonstrating competency for certain persons when adopting regulations governing examinations for the licensure of teachers and other educational personnel; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Commission on Professional Standards in Education to adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. (NRS 391.021) This bill requires the Commission to consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate when adopting such regulations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.021 is hereby amended to read as follows:
391.021 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach.
2. When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate.
3. Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2601κ
Assembly Bill No. 241Assemblywoman Gonzαlez
CHAPTER 406
[Approved: June 4, 2021]
AN ACT relating to offenders; establishing a credit against the sentence of certain offenders incarcerated during a state of emergency declared due to a communicable or infectious disease; requiring the Director of the Department of Corrections to submit a report containing a list of the offenders who have received such a credit; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law permits an offender to earn certain credits to reduce his or her sentence of imprisonment. (NRS 209.433-209.449) Section 1 of this bill allows for an additional credit of 5 days for each month served by an offender who is incarcerated in an institution or facility of the Department of Corrections during a period in which a state of emergency due to a communicable or infectious disease has been declared by the Governor and remains in effect. Section 1 also: (1) limits such credits an offender may earn to not more than 60 days of credit for any state of emergency; (2) requires such credits to apply to eligibility for parole and to be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole, unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole; (3) requires such credits to be deducted from the maximum term or maximum aggregate term imposed by the sentence, as applicable; and (4) requires the Director of the Department, not later than 60 days after a state of emergency due to a communicable or infectious disease has been declared by the Governor, to submit a report containing a list of the offenders who have received such credits to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice. Section 2 of this bill makes a conforming change to indicate the appropriate placement of section 1 in the Nevada Revised Statutes.
Section 2.5 of this bill: (1) requires the credits authorized by section 1 to be applied retroactively to the sentence of an offender who was incarcerated in an institution or facility of the Department of Corrections during the period in which the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, was in effect; and (2) specifies that the credits applied retroactively are an act of grace of the State, that no person has a right to parole and that the application of such credits is not intended to create any right or interest in liberty or property or establish a basis for any cause of action against the State or its political subdivisions, agencies, boards, commissions, departments, officers or employees. Section 2.5 also requires the Director of the Department, not later than 60 days after the effective date of this bill, to submit a report containing a list of the offenders who have received credits pursuant to the provisions of this bill for the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.
κ2021 Statutes of Nevada, Page 2602 (CHAPTER 406, AB 241)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An offender who is actually incarcerated in an institution or facility of the Department pursuant to his or her sentence during a period in which a state of emergency due to a communicable or infectious disease has been declared by the Governor and remains in effect must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 5 days from his or her sentence for each month the offender serves during the state of emergency. An offender shall not be allowed more than 60 days of credit pursuant to this section.
2. Credits earned pursuant to this section:
(a) Apply to eligibility for parole and must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole, unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole; and
(b) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.
3. Not later than 60 days after a state of emergency due to a communicable or infectious disease has been declared by the Governor, the Director shall submit a report containing a list of the offenders who have received credits pursuant to this section to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.
4. As used in this section:
(a) Communicable disease means an infectious disease that can be transmitted from person to person, animal to person or insect to person.
(b) Infectious disease means a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus. An infectious disease may or may not be transmissible from person to person, animal to person or insect to person.
Sec. 2. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.453, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Offender includes:
(a) A person who is convicted of a felony under the laws of this State and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
κ2021 Statutes of Nevada, Page 2603 (CHAPTER 406, AB 241)κ
(b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.
2. Residential confinement means the confinement of a person convicted of a felony to his or her place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 2.5. 1. Subject to the provisions of subsection 2, the credits provided in section 1 of this act must be applied retroactively to reduce the term of imprisonment of an offender who was actually incarcerated in an institution or facility of the Department of Corrections during the period in which the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, was in effect.
2. The credits provided in section 1 of this act and applied retroactively pursuant to subsection 1 are an act of grace of the State. No person has a right to parole and the application of these credits is not intended to create any right or interest in liberty or property or establish a basis for any cause of action against the State or its political subdivisions, agencies, boards, commissions, departments, officers or employees.
3. Not later than 60 days after the effective date of this act, the Director of the Department of Corrections shall submit a report containing a list of the offenders who have received credits pursuant to the provisions of subsection 1 and section 1 of this act for the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, to the Chief Justice of the Nevada Supreme Court, the State Public Defender, the Attorney General, the Executive Director of the Department of Sentencing Policy and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Advisory Commission on the Administration of Justice.
Sec. 3. (Deleted by amendment.)
Sec. 3.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2604κ
Assembly Bill No. 247Assemblywoman Benitez-Thompson
CHAPTER 407
[Approved: June 4, 2021]
AN ACT relating to education; updating the signatories to the Western Regional Education Compact; changing the name of the Office of the Western Regional Education Compact to the Nevada Office of the Western Interstate Commission for Higher Education; revising provisions relating to the powers and duties of the Nevada State Commissioners and the Nevada Office; revising provisions relating to financial support received by participants enrolled in programs under the terms of the Compact; revising provisions relating to certain accounts administered by the Nevada Office; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the execution of the Western Regional Education Compact for the purpose of the State of Nevada cooperating with other western states in the formation of the Western Interstate Commission for Higher Education. (NRS 397.010) Under the terms of the Compact, Nevada residents may participate in programs that provide financial support to assist them in attending colleges and universities located within the states and territories that are signatories to the Compact. (NRS 397.020) Sections 6-8 of this bill update the Compact to include the U.S. Pacific Territories and Freely Associated States which became a signatory to the Compact in 2016.
The Compact creates the Western Interstate Commission for Higher Education, consisting of three Commissioners from each state or territory that is a signatory to the Compact, and requires the Commission to establish and maintain an office (Compact Office) within one of the compacting states. (NRS 397.020) Existing law requires the Governor to appoint the three Commissioners from the State of Nevada. (NRS 397.020, 397.030) In furtherance of the Compact, the Office of the Western Regional Education Compact is created under existing law within the Office of the Governor. Existing law requires the Governor to appoint a Director of this Office and authorizes the Director to employ staff. (NRS 223.700) Section 24 of this bill changes the name of the Office of the Western Regional Education Compact to the Nevada Office of the Western Interstate Commission for Higher Education to distinguish it from the Compact Office. Sections 10 and 24 of this bill revise the responsibility for certain powers and duties in existing law related to the Compact.
Existing law generally authorizes the three Nevada State Commissioners to delegate authority to carry out their powers and duties at a meeting held in accordance with the Open Meeting Law. (NRS 397.030) Section 9 of this bill specifically authorizes the Commissioners to delegate to an officer or employee of the Nevada Office the authority to enter into an agreement that will be binding on the Nevada Office. Sections 17 and 28 of this bill remove redundant provisions of existing law authorizing the Commissioners to delegate authority to perform certain duties. (NRS 397.064, 397.0655, 397.067)
Existing law authorizes the Western Interstate Commission for Higher Education to apply for and accept grants for certain purposes related to the Compact. (NRS 397.0557) Section 12 of this bill specifically authorizes the Nevada Office to apply for and accept grants, gifts and donations and section 15 of this bill prescribes the deposit and use of this money.
κ2021 Statutes of Nevada, Page 2605 (CHAPTER 407, AB 247)κ
Existing law establishes two accounts to be used by the Nevada State Commissioners to pay certain administrative expenses and dues. (NRS 397.050, 397.062) Section 28 abolishes one of the duplicative accounts. (NRS 397.050) Section 15 revises the name of the remaining account.
Existing law provides for two programs under the Compact: (1) one program administered by the Nevada Office, which requires participants to practice in a health professional shortage area or an area with a medically underserved population in this State after graduation; and (2) one program administered by the Compact Office, which requires participants to practice the profession in which they were certified in this State after graduation. (NRS 397.060, 397.0617, 397.0645) Section 13 of this bill revises the process for selecting participants for programs administered by the Compact Office by: (1) removing the requirement that the Nevada State Commissioners review and certify a list of Nevada applicants to the Compact Office; and (2) instead requiring the Nevada State Commissioners to compile a list of such applicants and transmit the list to the Compact Office. Sections 11 and 13 of this bill remove reference to the term contract place with respect to both programs.
Existing law requires the Western Interstate Commission for Higher Education to provide financial support to a participant enrolled in a program in the form of a support fee, certain portions of which are designated as either: (1) a loan that the participant is required to repay; or (2) a stipend that the participant is not required to repay unless he or she does not meet certain requirements after graduation. (NRS 397.0615) Section 14 of this bill removes the requirement that a portion of the support fee be designated as a loan, thereby requiring that any financial support provided to a participant be provided in the form of a stipend which the participant is not required to repay unless he or she does not meet certain requirements after graduation. Section 16 of this bill makes a conforming change by specifying that the Nevada State Commissioners must use money in the Nevada Office of the Western Interstate Commission for Higher Educations Loan and Stipend Fund solely to provide stipends to participants. Sections 17 and 22 of this bill also make conforming changes by providing that certain requirements apply if a stipend received by a participant is converted to a loan as a result of the participants failure to meet the requirements after graduation. Section 17 also requires the Nevada State Commissioners to adopt regulations governing the repayment of loans. Section 28 makes a conforming change to eliminate certain requirements in existing law related to repayment of loans. (NRS 397.067)
Existing law prescribes a process to award repayment of a stipend received by a participant in a program administered by the Nevada Office. (NRS 397.0617) Existing law also prescribes a separate, similar process to avoid repayment of a stipend received by a participant in a program administered by the Compact Office. (NRS 397.0645-397.0653) Section 18 of this bill combines these two processes into a single process that applies to participants in programs administered by either office. Sections 20, 21 and 28 of this bill make conforming changes as a result of the combination of these processes. (NRS 397.0617, 397.0653, 397.0685, 397.069)
Existing law requires the Nevada State Commissioners to assess a default charge against a participant who received a stipend to participate in a program administered by the Nevada Office if the participant does not meet certain requirements after graduation. (NRS 397.0617) Section 18 authorizes the Nevada State Commissioners to assess a default charge against a participant who received a stipend to participate in a program administered by the Compact Office.
Section 19 of this bill eliminates certain penalties that existing law authorizes the Nevada State Commissioners to impose on a participant for failure to comply with regulations adopted by the Nevada State Commissioners. (NRS 397.068)
Section 28 eliminates the authority in existing law for the Nevada State Commissioners to require: (1) a recipient to acquire certain insurance as security for a stipend or loan; or (2) that a financially responsible person agree to be jointly liable with the recipient for the repayment of the stipend or loan. (NRS 397.066) Section 28 also eliminates certain obsolete provisions in existing law relating to the repayment of stipends received before July 1, 1995. (NRS 397.065)
κ2021 Statutes of Nevada, Page 2606 (CHAPTER 407, AB 247)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 397 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 397.005 and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Compact means the Western Regional Education Compact set forth in NRS 397.020.
Sec. 4. Nevada Office means the Nevada Office of the Western Interstate Commission for Higher Education created by NRS 223.700.
Sec. 5. Participant means a person who receives a stipend from the Western Interstate Commission for Higher Education to participate in a program administered by the Nevada Office or the office of the Western Interstate Commission for Higher Education established pursuant to Article 7 of the Compact.
Sec. 6. NRS 397.005 is hereby amended to read as follows:
397.005 [As used in this chapter, state] State means a state, territory or possession of the United States, the District of Columbia [or the Commonwealth of the Northern Mariana Islands.] and the U.S. Pacific Territories and Freely Associated States.
Sec. 7. NRS 397.010 is hereby amended to read as follows:
397.010 1. The Governor is hereby authorized and directed to execute a compact on behalf of this state with each or all of the [13 western states] 16 members of the Western Interstate Commission for Higher Education for the purpose of cooperating with such states in the formation of a Western Interstate Commission for Higher Education.
2. Notice of intention to withdraw from such Compact shall be executed and transmitted by the Governor.
Sec. 8. NRS 397.020 is hereby amended to read as follows:
397.020 The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter:
Western Regional Education Compact
The contracting states do hereby agree as follows:
ARTICLE 1
WHEREAS, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and
WHEREAS, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and
κ2021 Statutes of Nevada, Page 2607 (CHAPTER 407, AB 247)κ
WHEREAS, It is believed that the Western States, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;
Now, therefore, the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming [, and the Commonwealth of the Northern Mariana Islands] and the U.S. Pacific Territories and Freely Associated States do hereby covenant and agree as follows:
ARTICLE 2
Each of the compacting states pledges to each of the other compacting states faithful cooperation in carrying out all the purposes of this compact.
ARTICLE 3
The compacting states hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.
ARTICLE 4
The commission shall consist of three resident members from each compacting state. At all times one commissioner from each compacting state shall be an educator engaged in the field of higher education in the state from which the commissioner is appointed.
The commissioners from each state shall be appointed by the governor thereof as provided by law in such state. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner shall have been appointed.
The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his or her successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.
ARTICLE 5
Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states.
One or more commissioners from a majority of the compacting states shall constitute a quorum for the transaction of business.
Each compacting state represented at any meeting of the commission is entitled to one vote.
κ2021 Statutes of Nevada, Page 2608 (CHAPTER 407, AB 247)κ
ARTICLE 6
The commission shall elect from its number a chair and a vice chair, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.
ARTICLE 7
The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.
The commission may elect such committees as it deems necessary for the carrying out of its functions.
The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chair may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states shall call additional meetings.
The commission shall submit a budget to the governor of each compacting state at such time and for such period as may be required.
The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.
On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states a report of its activities for the preceding calendar year.
The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or the designated representative of the governor. The commission shall not be subject to the audit and accounting procedure of any of the compacting states. The commission shall provide for an independent annual audit.
ARTICLE 8
It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.
κ2021 Statutes of Nevada, Page 2609 (CHAPTER 407, AB 247)κ
For this purpose the commission may enter into contractual agreements:
(a) With the governing authority of any educational institution in the region, or with any compacting state, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and
(b) With the governing authority of any educational institution in the region or with any compacting state to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.
It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors Conference and to the legislatures of the compacting states. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states, uniform legislation dealing with problems of higher education in the region.
For the purposes of this compact the word region shall be construed to mean the geographical limits of the several compacting states.
ARTICLE 9
The operating costs of the commission shall be apportioned equally among the compacting states.
ARTICLE 10
This compact shall become operative and binding immediately as to those states adopting it whenever five or more of the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territory adopting thereafter at the time of such adoption.
ARTICLE 11
This compact may be terminated at any time by consent of a majority of the compacting states. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state may be reinstated by application to and the approval by a majority vote of the commission.
κ2021 Statutes of Nevada, Page 2610 (CHAPTER 407, AB 247)κ
ARTICLE 12
If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.
Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of three-fourths of the other member states.
Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.
Sec. 9. NRS 397.030 is hereby amended to read as follows:
397.030 1. In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor to serve [in the Office of] on the Western [Regional] Interstate Commission for Higher Education [Compact] created by [NRS 223.700.] the Compact.
2. The qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his or her successor is appointed and qualified, but the successors term expires 4 years after the legal date of expiration of the term of his or her predecessor.
3. Any Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.
4. The term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.
5. [The] Except as otherwise provided in subsection 6, the three Nevada State Commissioners, acting jointly, may:
(a) Adopt regulations as necessary to carry out the provisions of this chapter . [; and]
(b) At a meeting held in accordance with the provisions of chapter 241 of NRS, delegate to an officer or employee of the Nevada Office [of the Western Interstate Commission for Higher Education] the authority to undertake any actions authorized or required by the provisions of this chapter, [except that] including, without limitation, the authority to enter into an agreement that will be binding on the Nevada Office.
6. The three Nevada State Commissioners may not delegate the authority to enter into any agreement that will be binding on the Western Interstate Commission for Higher Education. Any agreement that will be binding on the Western Interstate Commission for Higher Education must be approved by [the] that Commission.
Sec. 10. NRS 397.040 is hereby amended to read as follows:
397.040 1. All officers of the State are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the Compact in every particular, it being hereby declared to be the policy of this state to perform and carry out the Compact and to accomplish the purposes thereof.
κ2021 Statutes of Nevada, Page 2611 (CHAPTER 407, AB 247)κ
2. All officers, bureaus, departments and persons of and in the State Government or administration of the State are hereby authorized and directed at convenient times and upon request of the [Commission] Nevada Office to furnish the [Commission] Nevada Office with information and data possessed by them and to aid the [Commission] Nevada Office by any means lying within their legal rights.
Sec. 11. NRS 397.055 is hereby amended to read as follows:
397.055 1. Whenever the three Nevada State Commissioners [appointed pursuant to NRS 397.030] are unable to [provide contract places for] enroll Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the Compact, or the cost of attending a school within the region is excessive, they may enter into contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the Compact or with any state outside the region.
2. The terms and conditions of any such agreements must adhere to the same standards which are observed in the selection of [contract places for Nevada residents in graduate or professional schools within the region.] participants.
Sec. 12. NRS 397.0557 is hereby amended to read as follows:
397.0557 The [Western Interstate Commission for Higher Education] Nevada Office may apply for and accept [grants. Upon receipt of sufficient grants, the Commission, or the three Nevada State Commissioners, acting jointly, may enter into binding agreements to purchase additional contract places for Nevada residents in graduate or professional schools within the region. The provisions of NRS 397.060 apply to the selection and certification of applicants to fill any contract place purchased pursuant to this section. The provisions of NRS 397.0615, 397.0645 and 397.0653 do not apply to financial support provided to a participant pursuant to this section. The terms and conditions of repayment, if any, must be set forth fully in a contract between the participant and the grantor.] any grant, gift or donation.
Sec. 13. NRS 397.060 is hereby amended to read as follows:
397.060 The three Nevada State Commissioners, acting jointly:
1. Shall:
(a) Choose from among Nevada residents who apply for a program administered by the Nevada Office , [of the Western Interstate Commission for Higher Education,] and have at least 1 years residence in this state immediately before applying for the program, those most qualified [for contract places; and
(b) Certify them to receiving institutions or locations at which an applicant will practice his or her profession.
2. Shall choose from among the applicants, for] to participate in a program administered by the Nevada Office . [of the Western Interstate Commission for Higher Education, who apply for a support fee of 100 percent stipend for practice in certain professions and locations, and who lack at least 1 year of residence in this State immediately before applying for the program, those most qualified for contract places.
3. Shall review and certify the]
κ2021 Statutes of Nevada, Page 2612 (CHAPTER 407, AB 247)κ
(b) Compile a list of Nevada applicants for programs administered by the [Regional Office] office of the Western Interstate Commission for Higher Education [.
4.] established pursuant to Article 7 of the Compact and transmit the list to that office.
2. May enter into any reciprocity agreement, including, without limitation, the State Authorization Reciprocity Agreement [,] as implemented by the Western Interstate Commission for Higher Education, for the purpose of authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State if the requirements contained in the agreement for authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State are substantially similar to the requirements for licensure of a postsecondary educational institution by the Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive. As used in this subsection, postsecondary educational institution has the meaning ascribed to it in NRS 394.099.
Sec. 14. NRS 397.0615 is hereby amended to read as follows:
397.0615 Financial support provided to [an applicant who is chosen by the three Nevada State Commissioners to receive such support from the Western Interstate Commission for Higher Education] a participant must be provided in the form of a [support fee. Except as otherwise provided in NRS 397.0617, 25 percent of the support fee is a loan that the recipient must repay with interest pursuant to NRS 397.063 or 397.064, as appropriate. Seventy-five percent of the support fee is a] stipend that the [recipient] participant is not required to repay, except as otherwise provided in NRS [397.0653.] 397.0645.
Sec. 15. NRS 397.062 is hereby amended to read as follows:
397.062 1. There is hereby created an account in the State General Fund entitled the Nevada Office of the Western Interstate Commission for Higher Educations Account . [for Administrative Expenses.] Any money received by the three Nevada State Commissioners as the proceeds of any penalty , [or] appropriated or authorized from the State General Fund for the purposes of carrying out the provisions of this chapter or pursuant to NRS 397.0557 must be deposited in this Account.
2. The three Nevada State Commissioners, acting jointly, shall administer the Account and the money in the Account [must] may be used to:
(a) Pay miscellaneous expenses incurred in administering the Nevada Office of the Western Interstate Commission for Higher Educations Loan and Stipend Fund; [and]
(b) Pay expenses incurred in collecting money due the State from a loan [or a stipend granted from the Western Interstate Commission for Higher Educations Loan and Stipend Fund.
3. The money in the Account may be used by the three Nevada State Commissioners, acting jointly, to:
(a)] made pursuant to NRS 397.064;
(c) Pay dues to the Western Interstate Commission for Higher Education; and
κ2021 Statutes of Nevada, Page 2613 (CHAPTER 407, AB 247)κ
[(b)] (d) Pay administrative expenses of the Nevada Office . [of the Western Interstate Commission for Higher Education.]
Sec. 16. NRS 397.063 is hereby amended to read as follows:
397.063 1. All [contributions from participants] money received as payment for a loan made pursuant to NRS 397.064 must be accounted for in the Nevada Office of the Western Interstate Commission for Higher Educations Loan and Stipend Fund which is hereby created as an enterprise fund.
2. The three Nevada State Commissioners, acting jointly, shall administer the Fund, and the money in the Fund must be used solely to provide [:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
Κ residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of this chapter.
3. Loans from the Western Interstate Commission for Higher Educations Loan and Stipend Fund before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All loans must bear interest at 5 percent per annum from the date when the participant receives the loan.
(b) Each participant receiving a loan must repay the loan with interest following the termination of the participants education or completion of the participants internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No participants loan may exceed 50 percent of the student fees for any academic year.] stipends to participants.
Sec. 17. NRS 397.064 is hereby amended to read as follows:
397.064 [Loans]
1. If a stipend received from the Nevada Office of the Western Interstate Commission for Higher Educations Loan and Stipend Fund [to participants who enter the program on or after July 1, 1985,] is converted into a loan pursuant to NRS 397.0645, the loan must be made upon the following terms:
[1.] (a) All loans must bear a competitive interest rate, which must be established by the three Nevada State Commissioners, acting jointly . [, from the first day of the term for which the participant received the loan. The three Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the authority to establish the interest rate pursuant to this section.
2. Except as otherwise provided in NRS 397.0617, each participant receiving a loan must repay the loan with interest following the termination of the participants education or completion of the participants internship for which the loan is made.
3. The loan must be repaid in monthly installments over the period allowed, as set forth in subsection 4, with the first installment due 1 year after the date of the termination of the participants education or the completion of the participants internship for which the loan is made.
κ2021 Statutes of Nevada, Page 2614 (CHAPTER 407, AB 247)κ
completion of the participants internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment.
4. The three Nevada State Commissioners, acting jointly, shall, or shall delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:
(a) Five years for loans which total less than $10,000.
(b) Eight years for loans which total $10,000 or more but less than $20,000.
(c) Ten years for loans which total $20,000 or more.
5. A participants loan may not exceed 50 percent of the student fees for any academic year.
6.] (b) A delinquency charge may be assessed on any installment delinquent 10 days or more in an amount that must be established by the three Nevada State Commissioners, acting jointly. [The Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the authority to establish an appropriate delinquency charge pursuant to this subsection.
7.] (c) The reasonable costs of collection and attorneys fees may be recovered in the event of delinquency.
2. The three Nevada State Commissioners, acting jointly, shall adopt regulations governing the repayment of loans, including, without limitation, the period allowed for the repayment and the minimum amount of money that may be repaid in an installment.
Sec. 18. NRS 397.0645 is hereby amended to read as follows:
397.0645 1. A participant [who receives from the Western Interstate Commission for Higher Education a stipend governed by the provisions of NRS 397.065 or 397.0653] must repay [all state contributions for] the stipend received by the participant unless the participant [practices,] :
(a) Graduates with a degree, certificate or similar credential in the area for which the participant received the stipend.
(b) Except as otherwise provided in NRS 397.0685, practices, in Nevada, the profession [in] for which [the participant was certified:
(a) For 3 years, if the participant entered the program before July 1, 1985;
(b) For] the degree, certificate or similar credential was awarded for 1 year for each year the participant receives a stipend . [, if the participant enters the program after June 30, 1985; or]
(c) [For 1 year for each 9 months the participant receives a stipend, if the participant enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,
Κ] Except as otherwise provided in NRS 397.069:
(1) Commences the participants practice obligation within 1 year after the completion or termination of the education, internship or residency for which the participant received the stipend.
κ2021 Statutes of Nevada, Page 2615 (CHAPTER 407, AB 247)κ
(2) Completes the participants practice obligation within 5 years after the completion or termination of the [participants] education, internship or residency for which the participant [receives] received the stipend.
(d) Reports the participants practice status annually to the Nevada Office on forms provided by the Nevada Office.
(e) Maintains the participants permanent residence in the State of Nevada throughout the period of the participants practice obligation. For purposes of this paragraph:
(1) Merely owning a residence in this State does not satisfy the requirement that a participant must maintain a permanent residence in this State.
(2) A participant who leaves the State for a limited period of time without forming the intent of changing the participants permanent residence is not considered to have moved the participants residence.
(f) If the participant received the stipend to participate in a program administered by the Nevada Office, completes the practice required by paragraph (b) of subsection 1 in a health professional shortage area or an area with a medically underserved population in this State.
2. [The] Except as otherwise provided in subsection 3, if a participant does not meet the requirements prescribed in subsection 1, the three Nevada State Commissioners, acting jointly : [, may adopt regulations which:]
(a) [Reduce the period of required practice for a participant who practices his or her profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state as described in NRS 397.0617, or as an employee of this state in accordance with NRS 397.0685.] Shall convert the stipend into a loan to be repaid in accordance with NRS 397.064 from the first day of the term for which the participant received the stipend.
(b) [Extend the time for completing the required practice beyond 5 years for a] Shall assess a default charge against the participant [who is granted an extension because of hardship.] if the participant received the stipend to participate in a program administered by the Nevada Office.
(c) May assess a default charge against the participant if the participant received the stipend to participate in a program administered by the office of the Western Interstate Commission for Higher Education established pursuant to Article 7 of the Compact.
3. If the period for the required practice is only partially completed, the three Nevada State Commissioners, acting jointly, may [give credit towards repayment of] decrease the [stipend] amount owed under the loan for the time the participant practiced his or her profession as required.
4. As used in this section:
(a) Area with a medically underserved population means an area:
(1) Designated as such by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254c; and
(2) Which meets any additional requirements prescribed by the Nevada Department of Health and Human Services.
(b) Health professional shortage area means a geographic area:
κ2021 Statutes of Nevada, Page 2616 (CHAPTER 407, AB 247)κ
(1) Designated as such by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254e; and
(2) Which meets any additional requirements prescribed by the Nevada Department of Health and Human Services.
Sec. 19. NRS 397.068 is hereby amended to read as follows:
397.068 A [recipient of a loan or a stipend under the program of the Western Regional Education Compact] participant shall comply with [the] any requirements prescribed by regulations adopted by the [Commission or the] three Nevada State Commissioners. If the [recipient] participant fails [so] to comply, the three Nevada State Commissioners, acting jointly, may:
1. For each infraction, impose a fine of not more than $200 against any [recipient] participant in any academic or practicing year, and may deny additional money to any participant who fails to pay the fine when due; and
2. [Increase the portion of any future loan to be repaid by the recipient;
3. Extend the time a recipient is required to practice the recipients profession to repay the recipients stipend; and
4.] Expel the [recipient] participant from the program [.] for which the participant received the stipend.
Sec. 20. NRS 397.0685 is hereby amended to read as follows:
397.0685 1. A participant may petition the three Nevada State Commissioners for a reduction of the period of required practice prescribed by paragraph (b) of subsection 1 of NRS 397.0645.
2. The three Nevada State Commissioners, acting jointly, may, after receiving a written [application] petition stating the reasons therefor, reduce the period of required practice [for the repayment of a stipend under NRS 397.0645 if the applicant:
(a) Has had at least 1 continuous year of practice of the applicants profession in this state, and practices the applicants profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state. The applicants practice in the area must be equal to at least half of the total time spent by the applicant in the applicants professional practice, and not less than 20 hours per week.
(b) Practices the applicants profession as a full-time employee of the State of Nevada and has been employed by the State for at least 1 continuous year immediately before the applicants application.
2. Any claim as to practice must be verified.] in accordance with the regulations adopted pursuant to subsection 3.
3. The three Nevada State Commissioners, acting jointly, shall adopt regulations to carry out the provisions of this section.
Sec. 21. NRS 397.069 is hereby amended to read as follows:
397.069 1. A participant may petition the three Nevada State Commissioners for:
(a) An exemption from the requirement prescribed by subparagraph (1) of paragraph (c) of subsection 1 of NRS 397.0645.
(b) An extension of the period for completing the required practice prescribed by subparagraph (2) of paragraph (c) of subsection 1 of NRS 397.0645.
κ2021 Statutes of Nevada, Page 2617 (CHAPTER 407, AB 247)κ
2. The three Nevada State Commissioners, acting jointly, may after receiving [an application] a written petition stating the reasons therefor, grant an exemption to the requirement prescribed by subparagraph (1) of paragraph (c) of subsection 1 of NRS 397.0645 or an extension of the period for [the repayment of a loan or a stipend under the program in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time prescribed by regulation of] completing the required practice prescribed by subparagraph (2) of paragraph (c) of subsection 1 of NRS 397.0645 in accordance with the regulations adopted pursuant to subsection 3.
3. The three Nevada State Commissioners, acting jointly [.] , shall adopt regulations to carry out the provisions of this section.
Sec. 22. NRS 397.0695 is hereby amended to read as follows:
397.0695 A participant obligated to repay a stipend that is converted to a loan pursuant to NRS 397.0645 may, as determined by the three Nevada State Commissioners, acting jointly, receive credit towards payment of the loan for professional services provided without compensation to the State or any of its political subdivisions.
Sec. 23. NRS 397.070 is hereby amended to read as follows:
397.070 The [Commission] three Nevada State Commissioners, acting jointly, shall:
1. Keep accurate accounts of [its] their activities [.] and the activities of the Nevada Office.
2. Report to the Governor and the Legislature before September 1 of any year preceding a regular session of the Legislature, setting forth in detail the transactions conducted by [it] the Commissioners and the Nevada Office during the biennium ending June 30 of such year.
3. Make recommendations for any legislative action deemed by [it] the Commissioners to be advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the Compact between the signatory states.
Sec. 24. NRS 223.700 is hereby amended to read as follows:
223.700 1. There is hereby created within the Office of the Governor the Nevada Office of the Western [Regional] Interstate Commission for Higher Education . [Compact.]
2. The Governor shall propose a budget for the Nevada Office of the Western [Regional] Interstate Commission for Higher Education . [Compact.]
3. The Governor shall appoint a Director of the Nevada Office of the Western [Regional] Interstate Commission for Higher Education . [Compact.] The Director is in the unclassified service of the State and serves at the pleasure of the Governor.
4. The Director may, within the limits of available money, employ such additional personnel as may be required to carry out the duties of the Nevada Office of the Western [Regional] Interstate Commission for Higher Education , [Compact,] who must be in the classified service of the State.
Sec. 25. The amendatory provisions of this act do not apply to:
1. Any contract entered into before July 1, 2021, involving a loan made pursuant to NRS 397.063 or 397.064.
κ2021 Statutes of Nevada, Page 2618 (CHAPTER 407, AB 247)κ
2. Any contract involving a stipend received by a participant before July 1, 2021, which:
(a) The participant must repay pursuant to NRS 397.0653; or
(b) Is converted into a loan pursuant to NRS 397.0617.
Sec. 26. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 27. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 28. NRS 397.050, 397.0617, 397.065, 397.0653, 397.0655, 397.066 and 397.067 are hereby repealed.
Sec. 29. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2619κ
Assembly Bill No. 256Assemblymen Summers-Armstrong, Gonzαlez; Anderson, Bilbray-Axelrod, Flores, Marzola, Brittney Miller, C.H. Miller, Orentlicher and Thomas
CHAPTER 408
[Approved: June 4, 2021]
AN ACT relating to Medicaid; requiring the State Plan for Medicaid to provide coverage of doula services to the extent authorized by federal law; requiring the Department of Health and Human Services to apply for a waiver or State Plan amendment to receive federal funding for coverage of doula services; requiring any person who desires to provide doula services to a recipient of Medicaid to enroll with the Division of Health Care Financing and Policy of the Department; requiring an enrolled doula to report the abuse of certain persons; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to develop and administer the State Plan for Medicaid, which must include specific medical services required to be provided to recipients of Medicaid. (NRS 422.063, 422.270) Existing law requires: (1) the Director of the Department to include in the State Plan a requirement that the State pay the nonfederal share of expenditures for certain medical services; and (2) the Department to apply to the United States Department of Health and Human Services for a waiver of certain provisions of federal law or an amendment of the State Plan to authorize the receipt of federal funding to provide certain medical services to recipients of Medicaid. (NRS 422.270-422.27495) Section 1 of this bill requires the Director to include in the State Plan a requirement that the State pay certain costs for doula services provided to Medicaid recipients. Section 1 also requires the Department to apply for a waiver of federal Medicaid requirements or request to amend the State Plan to receive federal funding to provide coverage of doula services. Finally, section 1 requires a doula who desires to provide doula services for a recipient of Medicaid to enroll with the Division of Health Care Financing and Policy of the Department. Section 4 of this bill makes a conforming change by including the duties listed in section 1 among the duties the Director of the Department is required to fulfill.
Existing law requires certain persons in their professional or occupational capacity to report the suspected abuse, neglect, exploitation, isolation or abandonment of older or vulnerable persons or the suspected abuse or neglect of a child. (NRS 200.5093, 432B.220) Sections 2 and 3 of this bill expand these reporting requirements to an enrolled doula.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The process of childbirth poses mortal risk to both the mother and her child; and
Whereas, Doulas provide physical and emotional support, accurate information concerning pregnancy, childbirth and the care of newborns and unwavering advocacy to women during pregnancy, labor, childbirth and the post-partum period; and
Whereas, Low-income women rarely have access to the essential services provided by doulas; and
κ2021 Statutes of Nevada, Page 2620 (CHAPTER 408, AB 256)κ
Whereas, To reduce the risk posed to a mother and her child by the process of childbirth, it is necessary to expand access to nonmedical doula services; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for doula services provided by an enrolled doula.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage of doula services provided by an enrolled doula. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
3. A person who wishes to receive reimbursement through the Medicaid program for doula services provided to a recipient of Medicaid must submit to the Division:
(a) An application for enrollment in the form prescribed by the Division; and
(b) Proof that he or she possesses the required training and qualifications prescribed by the Division pursuant to subsection 4.
4. The Division, in consultation with community-based organizations that provide services to pregnant women in this State, shall prescribe the required training and qualifications for enrollment pursuant to subsection 3 to receive reimbursement through Medicaid for doula services.
5. As used in this section:
(a) Doula services means services to provide education and support relating to childbirth, including, without limitation, emotional and physical support provided during pregnancy, labor, birth and the postpartum period.
(b) Enrolled doula means a doula who is enrolled with the Division pursuant to this section to receive reimbursement through Medicaid for doula services.
Sec. 2. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her 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.
κ2021 Statutes of Nevada, Page 2621 (CHAPTER 408, AB 256)κ
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 the 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. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A
notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C or 653 of NRS.
(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
κ2021 Statutes of Nevada, Page 2622 (CHAPTER 408, AB 256)κ
(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.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.
(m) Any person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to section 1 of this act.
5. A report may be made by any other person.
6. 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 an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
κ2021 Statutes of Nevada, Page 2623 (CHAPTER 408, AB 256)κ
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school or private school, the school must:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.
10. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 3. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriffs office; or
(3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; 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 older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
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, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human 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.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
κ2021 Statutes of Nevada, Page 2624 (CHAPTER 408, AB 256)κ
NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
(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 the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
(m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.
(n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
(o) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to section 1 of this act.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings.
κ2021 Statutes of Nevada, Page 2625 (CHAPTER 408, AB 256)κ
person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the countys office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, Unit for the Investigation and Prosecution of Crimes means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.
Sec. 4. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
κ2021 Statutes of Nevada, Page 2626 (CHAPTER 408, AB 256)κ
law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 2627κ
Senate Bill No. 108Committee on Judiciary
CHAPTER 409
[Approved: June 4, 2021]
AN ACT relating to juveniles; requiring any person who during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system in this State to complete periodic training relating to implicit bias and cultural competency; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations concerning such training; authorizing the Nevada Supreme Court to adopt additional court rules concerning such training for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with such juveniles; authorizing in certain circumstances certain institutions, agencies and facilities that serve children to waive the requirement to terminate the employment of certain employees after a background investigation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various provisions relating to juvenile justice in this State. (Title 5 of NRS) Section 1 of this bill requires any person who during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system in this State to complete, in addition to any other required training and generally at least once every 2 years, training relating to implicit bias and cultural competency. Section 1 also requires that such training include certain specific instruction relating to implicit bias and cultural competency. Additionally, section 1: (1) requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations concerning such training; and (2) authorizes the Division of Child and Family Services to consult with any person whose assistance the Division of Child and Family Services determines will be helpful when adopting such regulations. Section 1 also authorizes the Nevada Supreme Court to adopt additional court rules concerning such training for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with such juveniles.
Existing law requires public or private institutions and agencies to which a juvenile court commits a child to conduct background investigations of the employees of such institutions and agencies. (NRS 62B.270) Existing law also requires agencies which provide child welfare services to conduct background investigations of applicants for employment with, and the employees of, such agencies. (NRS 432B.198) Existing law additionally requires certain facilities which provide residential mental health treatment to children to conduct background investigations of the employees of such facilities. (NRS 433B.183) Such background investigations are conducted for the purpose of determining whether an applicant or employee has been convicted of certain specified crimes and, with respect to agencies which provide child welfare services, whether an applicant or employee has charges pending against him or her for any such crime. (NRS 62B.270, 432B.198, 433B.183) If the results of a background investigation correctly provide that an applicant or employee has been convicted of any such crime, the application for employment or the employment of the person must be denied or terminated, respectively. (NRS 62B.275, 432B.199, 433B.185) Additionally, if the results of a background investigation conducted by an agency which provides child welfare services correctly provide that an applicant or employee has charges pending against him or her for any such crime, the application for employment or the employment of the person may be denied or terminated, respectively.
κ2021 Statutes of Nevada, Page 2628 (CHAPTER 409, SB 108)κ
welfare services correctly provide that an applicant or employee has charges pending against him or her for any such crime, the application for employment or the employment of the person may be denied or terminated, respectively. (NRS 432B.199)
Section 4 of Senate Bill No. 21 of this session authorizes agencies which provide child welfare services to waive the prohibition on hiring an applicant who has been convicted of a specified crime if the agency adopts and applies an objective weighing test pursuant to which certain factors are considered relating to the applicant and the crime committed. Section 4 of Senate Bill No. 21 of this session requires such an agency to track certain data regarding each applicant to whom the objective weighing test is applied and review the data at least once every 2 years to determine the efficacy of the test and whether the data indicates the presence of implicit bias. Section 4 of Senate Bill No. 21 of this session also provides that: (1) the prohibition on hiring an applicant who has been convicted of a specified crime may not be waived through the use of the objective weighing test if the specified crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; and (2) the hiring determination made by the agency after applying the objective weighing test to an applicant is final.
Sections 2.3, 2.5 and 2.7 of this bill authorize public or private institutions and agencies to which a juvenile court commits a child, agencies which provide child welfare services and certain facilities which provide residential mental health treatment to children, respectively, to waive the requirement to terminate the employment of an employee who has been convicted of a specified crime in accordance with the provisions set forth in section 4 of Senate Bill No. 21 of this session that allow agencies which provide child welfare services to waive the prohibition on hiring an applicant who has been convicted of a specified crime. However, sections 2.3, 2.5 and 2.7 additionally provide that such a requirement can be waived only for the first background investigation concerning an employee that such an institution, agency or facility conducts.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who, during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system in this State, including, without limitation, any prosecuting attorney, public defender, peace officer, probation officer, juvenile correctional officer, employee of a state or local facility for the detention of children, employee of a regional facility for the treatment and rehabilitation of children or employee of a prosecuting attorneys office or public defenders office, shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer pursuant to the regulations adopted pursuant to subsection 3. Unless the regulations adopted by the Division of Child and Family Services pursuant to subsection 3 provide otherwise, such training relating to implicit bias and cultural competency must be completed at least once every 2 years.
2. The training required by subsection 1 must include, without limitation, instruction that:
(a) Explains what implicit bias is, where implicit bias comes from, the importance of understanding implicit bias and the negative impacts of implicit bias, and offers examples of actions that can be taken to reduce implicit bias;
κ2021 Statutes of Nevada, Page 2629 (CHAPTER 409, SB 108)κ
(b) Provides information regarding cultural competency, including, without limitation, sensitivity to the needs of children, lesbian, gay, bisexual and transgender persons, racial and ethnic minorities, religious minorities and women; and
(c) Provides information regarding:
(1) Socioeconomic conditions in various areas in this State;
(2) Historical inequities in the juvenile justice and criminal justice systems; and
(3) The impact of trauma and adverse child experiences on the decision making and behaviors of children.
3. The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section. When adopting such regulations, the Division of Child and Family Services may consult with any person whose assistance the Division of Child and Family Services determines will be helpful.
4. The Nevada Supreme Court may provide by court rule for continuing appropriate training concerning implicit bias and cultural competency, incorporating the elements identified in subsection 2, for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with juveniles who are involved in the juvenile justice system.
5. As used in this section, cultural competency means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities.
Sec. 2. (Deleted by amendment.)
Sec. 2.3. Section 2 of Senate Bill No. 21 of this session is hereby amended to read as follows:
Sec. 2. NRS 62B.275 is hereby amended to read as follows:
62B.275 1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 62B.270 or evidence from any other source that an employee of a public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
(1) The public institution or agency may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) [Has] Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
κ2021 Statutes of Nevada, Page 2630 (CHAPTER 409, SB 108)κ
(1) The public institution or agency shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the public institution or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is incorrect, the employee must inform his or her employing institution or agency immediately. An institution or agency that is so informed shall give the employee a reasonable amount of time of not less than 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the employing institution or agency whether to allow the employee to continue to work for the institution or agency, as applicable, except that the employee shall not have contact with a child in the institution or agency without supervision during such period.
4. Except as otherwise provided in subsection 5, a public or private institution or agency to which a juvenile court commits a child may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 if the institution or agency adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the institution or agency will consider when making a determination as to whether to waive such a requirement, including, without limitation:
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services; and
(d) The relevance of the crime to the position in which the employee is employed.
5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 may not be waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or
(b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the public or private institution or agency.
6. A public or private institution or agency to which a juvenile court commits a child shall, with regard to each employee to whom the institution or agency applies the objective weighing test pursuant to subsection 4:
κ2021 Statutes of Nevada, Page 2631 (CHAPTER 409, SB 108)κ
(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the institution or agency; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7. The determination made by a public or private institution or agency to which a juvenile court commits a child with regard to an employee to whom the institution or agency applies the objective weighing test is final.
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.
Sec. 2.5. Section 4 of Senate Bill No. 21 of this session is hereby amended to read as follows:
Sec. 4. NRS 432B.199 is hereby amended to read as follows:
432B.199 1. If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198, the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 or evidence from any other source indicates that an applicant for employment with the agency, or an employee of the agency:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or
(b) Except as otherwise provided in subsection 6, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 432B.198, the agency shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.
κ2021 Statutes of Nevada, Page 2632 (CHAPTER 409, SB 108)κ
give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.
4. During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:
(a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare services.
(b) May be placed on leave without pay.
5. The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.
6. Except as otherwise provided in subsection 7, an agency which provides child welfare services may waive the prohibition on hiring an applicant or the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 if the agency adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the agency will consider when making a determination as to whether to waive such a prohibition [,] or requirement, including, without limitation:
(a) The age, maturity and capacity of the applicant or employee at the time of his or her conviction;
(b) The length of time since the applicant or employee committed the crime;
(c) Any participation by the applicant or employee in rehabilitative services; and
(d) The relevance of the crime to the position for which the applicant has applied [.] or in which the employee is employed.
7. The [prohibition] :
(a) Prohibition on hiring an applicant who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 may not be waived through the use of the objective weighing test if the crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed.
(b) Requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 may not be waived through the use of the objective weighing test if:
(1) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or
(2) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the agency.
8. An agency which provides child welfare services shall, with regard to each applicant or employee to whom the agency applies the objective weighing test pursuant to subsection 6:
κ2021 Statutes of Nevada, Page 2633 (CHAPTER 409, SB 108)κ
(a) Track the age, race and ethnicity of the applicant [,] or employee, the position for which the applicant applied or in which the employee is employed and the [hiring] determination made by the agency; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
9. The [hiring] determination made by an agency which provides child welfare services with regard to an applicant or employee to whom the agency applies the objective weighing test is final.
10. For the purposes of this section, the period during which criminal charges are pending against an applicant or employee for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 begins and ends as set forth in subsection 7 of that section.
Sec. 2.7. Section 6 of Senate Bill No. 21 of this session is hereby amended to read as follows:
Sec. 6. NRS 433B.185 is hereby amended to read as follows:
433B.185 1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) [Has] Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately. A division facility that is so informed shall give the employee 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.
4. Except as otherwise provided in subsection 5, a division facility that provides residential treatment for children may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 if the division facility adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the division facility will consider when making a determination as to whether to waive such a requirement, including, without limitation:
κ2021 Statutes of Nevada, Page 2634 (CHAPTER 409, SB 108)κ
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services; and
(d) The relevance of the crime to the position in which the employee is employed.
5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 may not be waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or
(b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the division facility.
6. A division facility that provides residential treatment for children shall, with regard to each employee to whom the division facility applies the objective weighing test pursuant to subsection 4:
(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the division facility; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7. The determination made by a division facility that provides residential treatment for children with regard to an employee to whom the division facility applies the objective weighing test is final.
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) Nine months after the date on which the regulations adopted by the Division of Child and Family Services of the Department of Health and Human Services pursuant to section 1 of this act become effective for all other purposes.
3. Sections 2.3, 2.5 and 2.7 of this act become effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 2635κ
Senate Bill No. 212Senators D. Harris; Ohrenschall and Spearman
CHAPTER 410
[Approved: June 4, 2021]
AN ACT relating to peace officers; revising provisions relating to the use of force by peace officers; requiring certain law enforcement agencies to adopt a written policy relating to the use of force; requiring certain law enforcement agencies to submit to the Central Repository for Nevada Records of Criminal History certain information relating to certain incidents involving the use of force by peace officers; requiring the preparation and submittal of a report relating to such information; imposing certain restrictions and requirements regarding the use of restraint chairs; prohibiting peace officers from using certain forms of force under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a defendant who is being arrested flees or forcibly resists, a peace officer may use only the amount of reasonable force necessary to effect the arrest, unless deadly force is authorized under the circumstances. (NRS 171.122) Existing law also provides that a peace officer may, after giving a warning, if feasible, use deadly force to effect the arrest of a person only if there is probable cause to believe that the person: (1) has committed a felony which involves the infliction or threat of serious bodily harm or the use of deadly force; or (2) poses a threat of serious bodily harm to the peace officer or to others. (NRS 171.1455)
Section 2 of this bill requires a peace officer to use de-escalation techniques and alternatives to the use of force whenever possible or appropriate and consistent with the training of the peace officer. If the peace officer uses force, the peace officer must: (1) if it is possible for the peace officer to do so safely, identify himself or herself as a peace officer; and (2) use only the amount of force objectively reasonable to safely accomplish a lawful purpose. Section 2 further requires law enforcement agencies to adopt a written policy on the threat certain persons pose to peace officers or others and include certain information relating to the use of force. Section 1 of this bill makes a conforming change to clarify the circumstances under which a peace officer may use force to effect an arrest.
Section 3.3 of this bill requires: (1) each law enforcement agency to annually make available to the public and to submit monthly to the Central Repository for Nevada Records of Criminal History a report containing certain information relating to incidents involving the use of force; and (2) the Central Repository to make the use-of-force data available to the public on its Internet website. Section 3.3 also requires the Office of the Attorney General to: (1) review the use-of-force data that is publicly available on the Internet website of the Central Repository; (2) prepare a report containing any conclusions or recommendations resulting from its review; and (3) submit its report to the Governor and the Director of the Legislative Counsel Bureau each year. Additionally, section 3.3: (1) requires each law enforcement agency to participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) prohibits using the data collected under section 3.3 in any way against a peace officer during any criminal proceeding.
Existing law provides that homicide by a public officer or person acting under the command and in the aid of the public officer is justifiable in protecting against an imminent threat to the life of a person, among other circumstances. (NRS 200.140) Section 3.7 of this bill prohibits a peace officer from using deadly force against a person based on the danger that the person poses to himself or herself, if a reasonable peace officer would believe that the person does not pose an imminent threat of death or serious bodily harm to the peace officer or another person.
κ2021 Statutes of Nevada, Page 2636 (CHAPTER 410, SB 212)κ
or serious bodily harm to the peace officer or another person. Section 4.5 of this bill: (1) makes a conforming change to reflect the exception established in section 3.7 for when homicide by a peace officer is not justifiable; and (2) changes the persons who are authorized to assert that a homicide is justifiable to include peace officers and persons acting under the command and in the aid of peace officers, rather than public officers and persons acting under the command and in the aid of public officers.
Existing law prohibits a peace officer from using a choke hold on another person or placing a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe. (NRS 193.350) Section 4 of this bill imposes certain restrictions and requirements regarding the use of a restraint chair. Section 4 also provides that in responding to a protest or demonstration, a peace officer is prohibited from: (1) discharging a kinetic energy projectile indiscriminately into a crowd or in a manner that intentionally targets the head, pelvis or spine or any other vital area of the body of a person unless the person poses an immediate threat of physical harm or death to the peace officer or others; or (2) using a chemical agent without first declaring that the protest or demonstration constitutes an unlawful assembly and providing orders to disperse under certain circumstances, an egress route from the area and reasonable time to disperse.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.122 is hereby amended to read as follows:
171.122 1. Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in the officers possession at the time of the arrest, but upon request the officer must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in the officers possession at the time of the arrest, the officer shall then inform the defendant of the officers intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for the defendants arrest and detention. If the defendant either flees or forcibly resists, the officer may [, except as otherwise provided in NRS 171.1455,] use only the amount of reasonable force necessary to effect the arrest [.] as provided in NRS 171.1455 and 193.350.
2. In lieu of executing the warrant by arresting the defendant, a peace officer may issue a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense punishable as a misdemeanor;
(b) The officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;
(c) The defendant provides satisfactory evidence of his or her identity to the peace officer;
(d) The defendant signs a written promise to appear in court for the misdemeanor offense; and
(e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.
3. The summons must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendants dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendants last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
κ2021 Statutes of Nevada, Page 2637 (CHAPTER 410, SB 212)κ
the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
Sec. 2. NRS 171.1455 is hereby amended to read as follows:
171.1455 [If necessary to prevent escape, an]
1. A peace officer shall use de-escalation techniques and alternatives to the use of force whenever possible or appropriate and consistent with his or her training, including, without limitation, advisements, warnings, verbal persuasion and other tactics. If it is necessary for the peace officer to use force, the peace officer must:
(a) If it is possible to do so safely, identify himself or herself as a peace officer through verbal commands, visual identification, including, without limitation, a clearly marked uniform or vehicle, or other reasonable means; and
(b) Use only the level of force that is objectively reasonable under the circumstances to bring an incident or person under control and safely accomplish a lawful purpose. The level of force used by the officer must, to the extent feasible:
(1) Be balanced against the level of force or resistance exhibited by the person; and
(2) Be carefully controlled.
2. A peace officer may, after giving a warning, if feasible, use deadly force to effect the arrest of a person only if there is probable cause to believe that the person:
[1.] (a) Has committed a felony which involves the infliction or threat of serious bodily harm or the use of deadly force; or
[2.] (b) Poses a threat of serious bodily harm or death to the peace officer or to others.
3. Each law enforcement agency shall adopt a written policy and provide training to a peace officer regarding the potential threat of serious bodily harm or death to the peace officer or others from a person who:
(a) Is known or reasonably believed not to be armed with a deadly weapon; and
(b) Is known or reasonably believed by the peace officer to be:
(1) Under 13 years of age;
(2) Over 70 years of age;
(3) Physically frail;
(4) Mentally or physically disabled;
(5) Pregnant;
(6) Suffering from a mental or behavioral health issue; or
(7) Experiencing a medical emergency.
4. The written policy adopted and training provided pursuant to subsection 3 must reflect the best practices with respect to the use of force on the persons described in that subsection.
5. In addition to any other information required pursuant to subsection 3, the written policy must include, without limitation:
(a) Guidelines for the use of force;
(b) Guidelines for the use of deadly force;
κ2021 Statutes of Nevada, Page 2638 (CHAPTER 410, SB 212)κ
(c) A requirement that peace officers utilize de-escalation techniques, crisis intervention and other alternatives to force when feasible;
(d) A requirement that peace officers utilize de-escalation techniques for responding to persons with mental illness or experiencing a behavioral health crisis;
(e) A requirement that the law enforcement agency, when feasible, send a peace officer who has been trained in crisis intervention to respond to an incident involving a person who has made suicidal statements;
(f) Factors for evaluating and reviewing all incidents which require the use of force; and
(g) The date on which the written policy was adopted by the law enforcement agency.
6. As used in this section, unless the context otherwise requires:
(a) Law enforcement agency means:
(1) A police department of an incorporated city;
(2) The sheriffs office of a county;
(3) A metropolitan police department;
(4) The Department of Corrections;
(5) The police department for the Nevada System of Higher Education;
(6) Any political subdivision of this State employing park rangers to enforce laws within its jurisdiction; or
(7) Any political subdivision of this State which has as its primary duty the enforcement of law and which employs peace officers pursuant to NRS 289.150 to 289.360, inclusive, to fulfill its duty.
(b) Level of force means an escalating series of actions a peace officer may use to resolve or control a situation or person depending on the intensity of the situation or resistance of the person that ranges from the use of no force to the use of deadly force.
Sec. 3. Chapter 193 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.3 and 3.7 of this act.
Sec. 3.3. 1. Each law enforcement agency shall annually make available to the public and on a monthly basis submit to the Central Repository a report that includes, without limitation, a compilation of statistics relating to incidents involving the use of force that occurred during the immediately preceding calendar year, or month, as applicable, including, without limitation:
(a) The number of complaints against peace officers employed by the law enforcement agency relating to the use of force and the number of such complaints that were substantiated; and
(b) A compilation of statistics relating to incidents involving the use of force that, for each incident, includes, without limitation, all information collected by the National Use-of-Force Data Collection of the Federal Bureau of Investigation.
2. Each law enforcement agency shall submit the report required pursuant to subsection 1 in a manner approved by the Director of the Department of Public Safety and in accordance with the policies, procedures and definitions of the Department.
3. The Central Repository shall make the use-of-force data submitted by each law enforcement agency pursuant to subsection 1 available for access by the public on the Internet website of the Central Repository.
κ2021 Statutes of Nevada, Page 2639 (CHAPTER 410, SB 212)κ
4. The Central Repository may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.
5. To the extent of legislative appropriation, the Office of the Attorney General shall:
(a) Review the use-of-force data that is publicly available on the Internet website of the Central Repository;
(b) Prepare a report containing any conclusions or recommendations resulting from its review; and
(c) On or before December 1 of each year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature the report prepared pursuant to paragraph (b).
6. Each law enforcement agency in this State shall participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation.
7. Information collected pursuant to this section must not be introduced into evidence or otherwise used in any way against a peace officer during a criminal proceeding.
8. As used in this section:
(a) Central Repository means the Central Repository for Nevada Records of Criminal History.
(b) Law enforcement agency means:
(1) The sheriffs office of a county;
(2) A metropolitan police department;
(3) A police department of an incorporated city;
(4) The Department of Corrections;
(5) The police department for the Nevada System of Higher Education;
(6) Any political subdivision of this State employing park rangers to enforce laws within its jurisdiction; or
(7) Any political subdivision of this State which has as its primary duty the enforcement of law and which employs peace officers to fulfill its duty.
(c) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 3.7. 1. In carrying out his or her duties, a peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself, if a reasonable peace officer would believe that the person does not pose an imminent threat of death or serious bodily harm to the peace officer or another person.
2. As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 4. NRS 193.350 is hereby amended to read as follows:
193.350 1. In carrying out his or her duties, a peace officer shall not use a choke hold on another person.
2. A peace officer shall not place a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe. A peace officer shall monitor any person who is in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
κ2021 Statutes of Nevada, Page 2640 (CHAPTER 410, SB 212)κ
in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
3. In carrying out his or her duties, a peace officer shall use a restraint chair on another person only if:
(a) The person resists an order of a peace officer in a physically violent or life-threatening manner;
(b) A supervising peace officer who has attained the rank of sergeant or higher authorizes the use of a restraint chair;
(c) The peace officer informs a member of the medical staff that a restraint chair will be used;
(d) A member of the medical staff conducts a medical evaluation of the person immediately before and immediately after the person is placed in the restraint chair; and
(e) The law enforcement agency that employs the peace officer creates and maintains a video recording of the incident involving the use of the restraint chair.
Κ A peace officer shall not threaten a person with the use of a restraint chair unless the person is resisting an order of the peace officer in a physically violent or life-threatening manner.
4. After a person is placed in a restraint chair:
(a) A peace officer shall visually observe the person in the restraint chair until both medical evaluations of the person have been completed pursuant to subsection 3 and at least once every 15 minutes thereafter;
(b) If the person in the restraint chair appears to be in distress or indicates that he or she is in distress or requires medical aid, a peace officer shall ensure that medical aid is rendered to the person as soon as practicable;
(c) A supervising peace officer who has attained the rank of sergeant or higher shall evaluate whether it is necessary for the person to remain in the restraint chair at least once every 30 minutes after the person has been placed in the restraint chair;
(d) The person must not be restrained in the restraint chair for more than 2 hours unless a supervising peace officer who has attained the rank of sergeant or higher approves the use of a restraint chair for more than 2 hours and such use complies with the policy adopted pursuant to this subsection; and
(e) The law enforcement agency that employs the peace officer who used the restraint chair shall create and maintain a record of the incident which includes, without limitation:
(1) The period for which the person was restrained in the restraint chair; and
(2) A description of any injuries sustained by the person as a result of the use of the restraint chair.
Κ Each law enforcement agency shall adopt a written policy that establishes the circumstances under which a person may be restrained in a restraint chair for more than 2 hours.
5. A restraint chair must not be used to restrain a person who is pregnant.
κ2021 Statutes of Nevada, Page 2641 (CHAPTER 410, SB 212)κ
6. The provisions of subsections 3, 4 and 5 do not apply to mechanical restraint used pursuant to NRS 433.545 to 433.551, inclusive. As used in this subsection, mechanical restraint has the meaning ascribed to it in NRS 433.547.
7. A peace officer shall not, in response to a protest or demonstration:
(a) Discharge a kinetic energy projectile indiscriminately into a crowd or in a manner that intentionally targets the head, pelvis or spine or any other vital area of the body of a person unless the person poses an immediate threat of physical harm or death to the peace officer or others; or
(b) Use a chemical agent without first declaring that the protest or demonstration constitutes an unlawful assembly and providing to the persons who are present at the protest or demonstration:
(1) Except as otherwise provided in this paragraph, at least three orders to disperse, given in a manner that each order may be heard by those persons, including, without limitation, issuing the order from multiple locations and issuing the order in multiple languages;
(2) An egress route from the area where the protest or demonstration is occurring; and
(3) A reasonable amount of time to disperse from the area where the protest or demonstration is occurring.
Κ If there is an immediate threat of physical harm or death to a person, then no order to disperse must be provided. If there is an immediate threat of harm to property, then only one order to disperse must be provided.
8. If a peace officer, in carrying out his or her duties, uses physical force on another person, the peace officer shall ensure that medical aid is rendered to any person who is injured by the use of such physical force as soon as practicable.
[4.] 9. As used in this section:
(a) Chemical agent means any chemical which can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. The term includes, without limitation, items commonly referred to as tear gas, pepper spray, pepper balls and oleoresin capsicum.
(b) Choke hold means:
(1) A method by which a person applies sufficient pressure to another person to make breathing difficult or impossible, including, without limitation, any pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce intake of air; or
(2) Applying pressure to a persons neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
[(b)] (c) Kinetic energy projectile means any type of device designed to be nonlethal or less lethal than standard ammunition and to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. The term includes, without limitation, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds and foam-tipped plastic rounds.
κ2021 Statutes of Nevada, Page 2642 (CHAPTER 410, SB 212)κ
(d) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
[(c)] (e) Physical force means the application of physical techniques, chemical agents or weapons to another person.
(f) Restraint chair means a chair that secures a person in an upright sitting position by restricting the movement of the arms, legs and torso of the person.
Sec. 4.5. NRS 200.140 is hereby amended to read as follows:
200.140 1. Homicide is justifiable when committed by a [public] peace officer, or person acting under the command and in the aid of the [public] peace officer, in the following cases:
[1.] (a) In obedience to the judgment of a competent court.
[2.] (b) When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.
[3.] (c) When necessary:
[(a)] (1) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;
[(b)] (2) In attempting, by lawful ways or means [,] and in accordance with the provisions of NRS 171.1455, to apprehend or arrest a person;
[(c)] (3) In lawfully suppressing a riot or preserving the peace; or
[(d) In]
(4) Except as otherwise provided in section 3.7 of this act, in protecting against an imminent threat to the life of a person.
2. As used in this section, peace officer has the meaning ascribed to it in NRS 169.125.
Sec. 5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the legislature.
Sec. 6. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2, 3 and 3.7 to 6, inclusive, of this act become effective on October 1, 2021.
3. Section 3.3 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any policies or procedures and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On the date that the Director of the Department of Public Safety determines that there is sufficient funding to carry out the provisions of that section.
________
κ2021 Statutes of Nevada, Page 2643κ
Senate Bill No. 233Senator Hardy
Joint Sponsor: Assemblywoman Titus
CHAPTER 411
[Approved: June 4, 2021]
AN ACT making an appropriation for allocation to the Nevada Health Service Corps to obtain matching federal money for the purpose of encouraging certain medical and dental practitioners to practice in underserved areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the University of Nevada School of Medicine to: (1) establish a Nevada Health Service Corps to encourage certain medical and dental practitioners to practice in underserved areas of this State; and (2) apply for any matching money available for the program from the Federal Government. (NRS 396.900, 396.902) This bill makes an appropriation from the State General Fund for allocation to the Nevada Health Service Corps for the purpose of obtaining such matching federal money.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor for allocation to the Nevada Health Service Corps, established pursuant to NRS 396.900, for the purpose of obtaining matching federal money for the program the following sums:
For the Fiscal Year 2021-2022.................................................... $250,000
For the Fiscal Year 2022-2023.................................................... $250,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2644κ
Senate Bill No. 274Senators Ratti; and Cannizzaro
CHAPTER 412
[Approved: June 4, 2021]
AN ACT relating to child welfare; providing for the licensure of receiving centers for commercially sexually exploited children and the certification of certain other facilities and entities that provide services to such children; imposing certain requirements concerning the operation of a receiving center; revising the actions that an agency which provides child welfare services is required to take in response to a report of the commercial sexual exploitation of a child; delaying the effective date of provisions prohibiting the adjudication of a child as delinquent or the assignment of a child to a detention facility in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term commercially sexually exploited child to mean any child who is sex trafficked, sexually abused or sexually exploited for the financial benefit of any person or in exchange for anything of value. (NRS 432C.060) Section 1.2 of this bill defines the term receiving center to mean a secured facility that operates 24 hours each day, 7 days each week to provide specialized inpatient and outpatient services to commercially sexually exploited children. Section 1.8 of this bill makes a conforming change to indicate the placement of sections 1.1, 1.15 and 1.2 of this bill in the Nevada Revised Statutes. Sections 1.9, 3 and 4 of this bill provide that a receiving center is not a group foster home, child care facility or child care institution for the purposes of the requirements of existing law. Section 1.3 of this bill requires a person or entity to apply to the Division of Child and Family Services of the Department of Health and Human Services in order to obtain a license to operate a receiving center. Section 1.3 also requires the Division to adopt regulations governing receiving centers. Section 1.4 of this bill requires a receiving center to provide or make available certain services for commercially sexually exploited children.
Existing law requires certain facilities or homes which occasionally or regularly have physical custody of children pursuant to the order of a court and each agency which provides child welfare services to treat each child in all respects in accordance with the childs gender identity or expression. Existing law also requires the Division to adopt regulations to ensure that each child in the custody of such a facility, home or agency is placed in a manner that is appropriate for the gender identity or expression of the child. (NRS 62B.212, 63.425, 432A.1759, 432B.172, 433B.325) Section 1.5 of this bill extends these provisions to apply to receiving centers. Sections 1.5, 5, 6, 31, 32 and 34 of this bill require the Division to consult with certain persons, including, without limitation, lesbian, gay, bisexual, transgender and questioning children who currently reside in or have resided in receiving centers when adopting regulations to ensure that each child is placed in a manner that is appropriate for the gender identity or expression of the child. Section 1.6 of this bill authorizes the Division to require the certification of facilities or organizations, other than receiving centers, that provide services to commercially sexually exploited children. Section 1.7 of this bill makes it a misdemeanor to operate: (1) a receiving center without a license; or (2) a facility or other entity for which a certificate is required without such a certificate.
κ2021 Statutes of Nevada, Page 2645 (CHAPTER 412, SB 274)κ
required without such a certificate. Section 1.7 also authorizes the Division to bring an action for an injunction to prevent any person or entity from operating a receiving center without a license or a facility or other entity for which a certificate is required without such a certificate.
Existing law requires the development of a plan to establish the infrastructure to provide treatment, housing and services to commercially sexually exploited children. (NRS 424.0195) Section 2 of this bill requires the plan to include plans for providing receiving centers or other appropriate placements to meet the housing needs of such children. Section 2 also removes a requirement that the plan must ensure that any secured placement for a commercially sexually exploited child is temporary, subject to judicial review and utilized only when necessary.
Existing law requires an agency which provides child welfare services that receives a report of the commercial sexual exploitation of a child to conduct an initial screening to determine whether there is reasonable cause to believe that the child is a victim of commercial sexual exploitation. (NRS 432C.130) Section 29 of this bill replaces that requirement with a requirement that the agency which provides child welfare services conduct an assessment to determine whether the child: (1) is a victim of commercial sexual exploitation; (2) is a victim of the abuse or neglect of a child; (3) is in immediate danger of serious bodily harm; or (4) suffers from any unmet basic need. Upon the completion of the assessment of a child who lives within the jurisdiction of the agency which provides child welfare services, section 29 requires the agency which provides child welfare services to take certain actions to protect the safety of the child and meet the other needs of the child.
Existing law prohibits the adjudication of a child who is alleged to have violated certain provisions of law relating to prostitution as delinquent or in need of supervision or the detention of such a child in a state or local facility for the detention of children if there is reasonable cause to believe that the child is a commercially sexually exploited child, effective on July 1, 2022. Existing law also requires a juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been a commercially sexually exploited child to report the commercial sexual exploitation of the child to an agency which provides child welfare services, effective on July 1, 2022. (Section 16 of chapter 513, Statutes of Nevada 2019, at page 3076) Section 35 of this bill postpones the effective date of those provisions until July 1, 2023.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.7, inclusive, of this act.
Sec. 1.1. Child has the meaning ascribed to it in NRS 432C.030.
Sec. 1.15. Commercially sexually exploited child has the meaning ascribed to it in NRS 432C.060.
Sec. 1.2. Receiving center means a secured facility that operates 24 hours each day, 7 days each week to provide specialized inpatient and outpatient services to commercially sexually exploited children.
Sec. 1.3. 1. To obtain a license to operate a receiving center, a person or entity must submit an application to the Division in the form prescribed by the Division. The application must include, without limitation, proof that the applicant is capable of providing or making available the services required by section 1.4 of this act.
2. The Division shall adopt regulations governing receiving centers, which must include, without limitation:
κ2021 Statutes of Nevada, Page 2646 (CHAPTER 412, SB 274)κ
(a) Requirements for the issuance and renewal of a license;
(b) The fee for the issuance and renewal of a license;
(c) Requirements governing the staffing of a receiving center and the required training for the staff of a receiving center;
(d) Requirements concerning the operation of a receiving center and the facility in which a receiving center operates; and
(e) Grounds for the suspension or revocation of a license or the imposition of other disciplinary action against a receiving center, the disciplinary actions that may be imposed and the procedure for imposing such disciplinary action.
3. The Division or an agency which provides child welfare services may accept gifts, grants and donations for the purposes of:
(a) Establishing, promoting the establishment of and operating receiving centers; and
(b) Paying for services provided by a receiving center.
Sec. 1.4. 1. A receiving center must ensure that each child placed in the care of the receiving center or referred to the receiving center for outpatient care receives, as necessary, the following services:
(a) Mental health triage;
(b) Assessment of basic needs;
(c) Assessment of medical needs;
(d) Psychiatric evaluation;
(e) Referral to detoxification;
(f) Short-term placement;
(g) Mobile crisis response;
(h) Academic support;
(i) Preventive services for children who are at risk of commercial sexual exploitation, as defined in NRS 432C.050;
(j) Therapeutic treatment to assist the child in safely transitioning to a home-based placement; and
(k) Any other services required by the regulations adopted pursuant to section 1.3 of this act.
2. A receiving center may accept referrals to provide outpatient care to a child from an agency which provides child welfare services, a law enforcement agency, a community-based nonprofit organization, a provider of health care or other similar persons and entities.
3. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 1.5. 1. A receiving center shall treat each child who is placed in the receiving center in all respects in accordance with the childs gender identity or expression.
2. The Division shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a receiving center and protocols for a receiving center to follow when placing a child in the receiving center that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
κ2021 Statutes of Nevada, Page 2647 (CHAPTER 412, SB 274)κ
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division.
3. A court shall consider the factors established in the regulations adopted pursuant to subsection 2 before placing a child in a receiving center.
4. A receiving center which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the receiving center.
Sec. 1.6. 1. The Division may adopt regulations requiring the certification of a facility or organization, other than a receiving center, if the:
(a) Facility or organization provides any type of services for commercially sexually exploited children; and
(b) Regulations are necessary to protect the welfare of commercially sexually exploited children.
2. Any regulations adopted pursuant to this section must establish:
(a) The process for applying for the issuance or renewal of a certificate;
(b) The fee for the issuance or renewal of a certificate;
(c) Authorized activities for the holder of a certificate; and
(d) Grounds and procedures for imposing disciplinary action against the holder of a certificate.
Sec. 1.7. 1. A person is guilty of a misdemeanor if he or she operates:
(a) A receiving center without holding a valid license; or
(b) A facility or other entity for which a certificate is required by the regulations adopted pursuant to section 1.6 of this act without such a certificate.
2. The Division may bring an action in the name of the State of Nevada to enjoin any person or entity from operating a receiving center or a facility or other entity for which a certificate is required by the regulations adopted pursuant to section 1.6 of this act without a valid license or certificate, as applicable.
3. It is sufficient in an action brought pursuant to subsection 2 to allege that the defendant did, on a certain date, operate:
(a) A receiving center without a valid license; or
(b) A facility or other entity for which a certificate is required by the regulations adopted pursuant to section 1.6 of this act without a valid certificate.
κ2021 Statutes of Nevada, Page 2648 (CHAPTER 412, SB 274)κ
Sec. 1.8. NRS 424.010 is hereby amended to read as follows:
424.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.011 to 424.018, inclusive, and sections 1.1, 1.15 and 1.2 of this act have the meanings ascribed to them in those sections.
Sec. 1.9. NRS 424.015 is hereby amended to read as follows:
424.015 1. Group foster home means a foster home which provides full-time care and services for 7 to 15 children who are:
[1.] (a) Under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
[2.] (b) Not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
[3.] (c) Received, cared for and maintained for compensation or otherwise, including the provision of free care.
2. The term group foster home does not include a receiving center.
Sec. 2. NRS 424.0195 is hereby amended to read as follows:
424.0195 1. The Administrator of the Division shall create the position of coordinator of services for commercially sexually exploited children. The Administrator may employ or enter into a contract with a person to serve in that position.
2. The coordinator of services for commercially sexually exploited children shall, in collaboration with other state and local agencies, including, without limitation, agencies which provide child welfare services and juvenile justice agencies, and other interested persons, including, without limitation, nonprofit organizations that provide legal services and persons who advocate for victims:
(a) Assess existing gaps in services for commercially sexually exploited children;
(b) Assess the needs for services and housing of commercially sexually exploited children in this State and the anticipated needs for services and housing of such children in the future, including, without limitation, the range of services and housing that are currently needed and will be required to meet anticipated needs;
(c) Evaluate any incentives necessary to recruit providers of housing for commercially sexually exploited children that meet the criteria prescribed in paragraph (a) of subsection 3; and
(d) Develop a plan to establish the infrastructure to provide treatment, housing and services to commercially sexually exploited children that meets the requirements of subsection 3 and update the plan as necessary.
3. The plan developed pursuant to paragraph (d) of subsection 2 must include, without limitation, plans to:
(a) Provide specialized, evidence-based forms of housing, including, without limitation and where feasible and appropriate, home-based housing, receiving centers or other appropriate placements, to meet the needs of each commercially sexually exploited child in this State. All housing provided pursuant to this paragraph must:
(1) To the extent appropriate, allow residents freedom of movement inside and outside the house;
(2) Be secured from intrusion;
(3) To the extent appropriate, allow residents privacy and autonomy;
κ2021 Statutes of Nevada, Page 2649 (CHAPTER 412, SB 274)κ
(4) Provide a therapeutic environment to address the needs of commercially sexually exploited children;
(5) Coordinate with persons and entities that provide services to residents; and
(6) Be operated by persons who have training concerning the specific needs of commercially sexually exploited children and practices for interacting with victims of trauma.
(b) Recruit providers of housing that meet the requirements of paragraph (a).
(c) Provide services to providers of housing for commercially sexually exploited children designed to increase the success of placements of such children.
(d) Provide legal representation to commercially sexually exploited children.
(e) Ensure that any receiving center or secured [placement for] child care facility into which commercially sexually exploited children [:
(1) Provides] are placed provides therapeutic treatment to assist the child in safely transitioning to a home-based placement . [; and
(2) Is temporary, subject to judicial review not later than 72 hours after the initiation of the placement and utilized only when necessary to:
(I) Return the child to a parent or legal guardian or to another jurisdiction; or
(II) Protect the child from further victimization or threats by a perpetrator of commercial sexual exploitation or a person acting on behalf of such a perpetrator.]
4. As used in this section:
(a) [Commercially sexually exploited child means any child who is sex trafficked in violation of NRS 201.300, a victim of sexual abuse or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.
(b)] Juvenile justice agency means the Youth Parole Bureau or a director of juvenile services.
[(c)] (b) Secured child care facility means a residential child care facility that is locked and has implemented security measures to prevent unauthorized entry or escape. The term does not include any type of correctional facility.
(c) Sexual abuse has the meaning ascribed to it in NRS 432B.100.
(d) Sexually exploited has the meaning ascribed to it in NRS 432B.110.
Sec. 3. NRS 432A.024 is hereby amended to read as follows:
432A.024 1. Child care facility means:
(a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;
(b) An on-site child care facility;
(c) A child care institution; or
(d) An outdoor youth program.
2. Child care facility does not include:
(a) The home of a natural parent or guardian, foster home as defined in NRS 424.014 or maternity home;
κ2021 Statutes of Nevada, Page 2650 (CHAPTER 412, SB 274)κ
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility;
(c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity;
(d) A location at which an out-of-school-time program is operated;
(e) A seasonal or temporary recreation program; [or]
(f) An out-of-school recreation program [.] ; or
(g) A receiving center, as defined in section 1.2 of this act.
Sec. 4. NRS 432A.0245 is hereby amended to read as follows:
432A.0245 1. Child care institution means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:
(a) Education to the children according to a curriculum approved by the Department of Education;
(b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or
(c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.
2. Child care institution does not include a receiving center, as defined in section 1.2 of this act.
3. As used in this section, child includes a person who is less than 18 years of age or who remains under the jurisdiction of a court pursuant to NRS 432B.594.
Sec. 5. NRS 432A.1759 is hereby amended to read as follows:
432A.1759 1. A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall treat each child who is placed in the facility in all respects in accordance with the childs gender identity or expression.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a child care facility and protocols for a child care facility to follow when placing a child within the facility that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities , [and] mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
κ2021 Statutes of Nevada, Page 2651 (CHAPTER 412, SB 274)κ
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before placing a child in a child care facility.
4. A child care facility, including, without limitation, an emergency shelter, which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Foster home has the meaning ascribed to it in NRS 424.014.
(c) Gender identity or expression has the meaning ascribed to it in NRS 424.0145.
(d) Receiving center has the meaning ascribed to it in section 1.2 of this act.
Sec. 6. NRS 432B.172 is hereby amended to read as follows:
432B.172 1. An agency which provides child welfare services shall treat each child to whom the agency provides services in all respects in accordance with the childs gender identity or expression.
2. The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the custody of an agency which provides child welfare services is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services.
3. An agency which provides child welfare services shall:
(a) Follow the protocols prescribed in the regulations adopted pursuant to subsection 2 before placing a child in an out-of-home placement; and
(b) Ensure that an out-of-home placement into which a child is placed follows the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
κ2021 Statutes of Nevada, Page 2652 (CHAPTER 412, SB 274)κ
4. As used in this section:
(a) Child care facility has the meaning ascribed to it in NRS 432A.024.
(b) Foster home has the meaning ascribed to it in NRS 424.014.
(c) Out-of-home placement has the meaning ascribed to it in NRS 432.548.
(d) Receiving center has the meaning ascribed to it in section 1.2 of this act.
Secs. 7-28. (Deleted by amendment.)
Sec. 29. NRS 432C.130 is hereby amended to read as follows:
432C.130 1. Upon the receipt of a report pursuant to NRS 432C.110, an agency which provides child welfare services:
(a) Shall conduct an [initial screening] assessment to determine whether there is reasonable cause to believe that the child [is] :
(1) Is a victim of commercial sexual exploitation;
(2) Is a victim of the abuse or neglect of a child;
(3) Is in immediate danger of serious bodily harm; or
(4) Suffers from any unmet basic need, including, without limitation, the need for behavioral health services, medical services, detoxification services and educational services;
(b) Upon the completion of an assessment of a child who resides within the jurisdiction of the agency which provides child welfare services pursuant to paragraph (a), shall:
(1) Engage in appropriate planning to ensure the safety of the child; and
(2) Refer the child for any services necessary to address an unmet basic need identified pursuant to subparagraph (4) of paragraph (a);
(c) Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation; and
[(c)] (d) If the child resides in another jurisdiction, may initiate contact with an agency which provides child welfare services in the jurisdiction in which the child resides to provide notification of the circumstances surrounding the childs removal from the jurisdiction or placement in another location . [; and
(d) May conduct an assessment pursuant to chapter 432B of NRS.]
2. An agency which provides child welfare services shall use the resources of a childrens advocacy center when conducting an assessment pursuant to paragraph (a) of subsection 1 when such resources are available and appropriate based on the circumstances contained in the report received pursuant to NRS 432C.110.
3. If an agency which provides child welfare services conducts an assessment pursuant to [chapter 432B of NRS] paragraph (a) of subsection 1 and no abuse or neglect of a child is identified, the agency may:
(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment; and
(b) If appropriate, provide to the child and his or her family counseling, training or other services relating to commercial sexual exploitation or refer the child and his or her family to a person or an organization that has entered into an agreement with the agency to provide those services.
κ2021 Statutes of Nevada, Page 2653 (CHAPTER 412, SB 274)κ
the child and his or her family to a person or an organization that has entered into an agreement with the agency to provide those services.
[3.] 4. If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 and abuse or neglect of a child is identified, the agency which provides child welfare services may take any action authorized under chapter 432B of NRS. If the agency which provides child welfare services places a child who is a victim of commercial sexual exploitation into protective custody pursuant to NRS 432B.390, the agency which provides child welfare services shall, whenever possible, place the child in a placement appropriate for the needs of the child, including, without limitation, the need for safety.
5. If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection [2,] 3, the agency shall require the person or organization to notify the agency if:
(a) The child or his or her family refuses or fails to participate in such services; or
(b) The person or organization determines that there is a serious risk to the health or safety of the child.
[4.] 6. As used in this section [, abuse] :
(a) Abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020.
(b) Childrens advocacy center means a public or private entity that provides an environment friendly to children where multidisciplinary teams work to:
(1) Investigate and help children recover from abuse or neglect; and
(2) Hold perpetrators of abuse or neglect of children accountable.
(c) Multidisciplinary team means a team of different types of professionals convened by a childrens advocacy center to respond to the abuse or neglect of a child, including, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.
Sec. 30. (Deleted by amendment.)
Sec. 31. NRS 62B.212 is hereby amended to read as follows:
62B.212 1. A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall:
(a) Treat each child that a juvenile court commits to the institution or agency in all respects in accordance with the childs gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2; and
(b) To the extent applicable, comply with the Prison Rape Elimination Act, 42 U.S.C. §§ 15605 et seq., and all standards adopted pursuant thereto.
2. The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children, and protocols for such an institution or agency to follow when placing a child within the institution or agency that ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child.
κ2021 Statutes of Nevada, Page 2654 (CHAPTER 412, SB 274)κ
agency to follow when placing a child within the institution or agency that ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities , [and] mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services.
3. A juvenile court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children.
4. A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility.
5. As used in this section:
(a) Child care facility has the meaning ascribed to it in NRS 432A.024.
(b) Foster home has the meaning ascribed to it in NRS 424.014.
(c) Gender identity or expression has the meaning ascribed to it in NRS 424.0145.
(d) Receiving center has the meaning ascribed to it in section 1.2 of this act.
Sec. 32. NRS 63.425 is hereby amended to read as follows:
63.425 1. A facility shall:
(a) Treat each child in the facility in all respects in accordance with the childs gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2; and
(b) Comply with the Prison Rape Elimination Act, 42 U.S.C. §§ 15605 et seq., and all standards adopted pursuant thereto.
2. The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a facility and protocols for a facility to follow when placing a child within the facility that ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities , [and] mental health facilities and receiving centers or who have resided in such settings;
κ2021 Statutes of Nevada, Page 2655 (CHAPTER 412, SB 274)κ
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division of Child and Family Services.
3. A juvenile court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a facility.
4. A facility shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility.
5. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Child care facility has the meaning ascribed to it in NRS 432A.024.
(c) Foster home has the meaning ascribed to it in NRS 424.014.
(d) Gender identity or expression has the meaning ascribed to it in NRS 424.0145.
(e) Receiving center has the meaning ascribed to it in section 1.2 of this act.
Sec. 33. (Deleted by amendment.)
Sec. 34. NRS 433B.325 is hereby amended to read as follows:
433B.325 1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the childs gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.
2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities , [and] mental health facilities and receiving centers or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
(c) Representatives of state and local facilities for the detention of children;
κ2021 Statutes of Nevada, Page 2656 (CHAPTER 412, SB 274)κ
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(f) Representatives of juvenile courts and family courts;
(g) Advocates of children; and
(h) Any other person deemed appropriate by the Division.
3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.
4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
5. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Child care facility has the meaning ascribed to it in NRS 432A.024.
(c) Foster home has the meaning ascribed to it in NRS 424.014.
(d) Gender identity or expression has the meaning ascribed to it in NRS 424.0145.
(e) Receiving center has the meaning ascribed to it in section 1.2 of this act.
Sec. 35. Section 19 of chapter 513, Statutes of Nevada 2019, at page 3077, is hereby amended to read as follows:
Sec. 19. 1. This section and sections 1 and 16.5 of this act become effective upon passage and approval.
2. Section 18 of this act becomes effective on July 1, 2019.
3. Section 16 of this act becomes effective on July 1, [2022.] 2023.
Sec. 36. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 37. 1. This section and sections 35 and 36 of this act become effective upon passage and approval.
2. Sections 1 to 1.9, inclusive, and 3 to 34, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
3. Section 2 of this act becomes effective on July 1, 2023.
________
κ2021 Statutes of Nevada, Page 2657κ
Senate Bill No. 287Senators D. Harris, Donate, Brooks; Dondero Loop, Ohrenschall and Spearman
CHAPTER 413
[Approved: June 4, 2021]
AN ACT relating to education; requiring the Directors of certain departments within the Nevada System of Higher Education to conduct all business and manage all funds of their respective departments; designating certain institutions within the Nevada System of Higher Education as the state land grant institutions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 8 of Article 11 of the Nevada Constitution designates certain proceeds from public lands to be used for certain colleges in this State. Section 6 of this bill designates the University of Nevada, Las Vegas, the University of Nevada, Reno, and the Desert Research Institute as the state land grant institutions. Section 3.3 of this bill requires the Director of the Agricultural Extension Department of the Public Service Division of the Nevada System of Higher Education to conduct all business of the Department and administer all funds of the Department. Sections 3.5 and 3.7 of this bill impose similar requirements on the Agricultural Experiment Station of the Public Service Division of the System.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.3. NRS 396.690 is hereby amended to read as follows:
396.690 1. The assent of the State of Nevada by its Legislature is hereby given to the provisions and requirements of an Act of Congress entitled An Act to provide for cooperative extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture, approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts amendatory thereof and supplemental thereto. The Board of Regents is hereby authorized and empowered to receive the grants of money appropriated under such federal acts, and to organize and conduct agricultural extension work which must be carried on in connection with the College of Agriculture of the System, in accordance with the terms and conditions expressed in such Acts of Congress.
2. The Director of the Agricultural Extension Department of the Public Service Division of the System shall conduct all business of the Agricultural Extension Department and administer all funds of the Agricultural Extension Department, including, without limitation, in each county that has entered into an agreement with or participates in a program of the Agricultural Extension Department.
κ2021 Statutes of Nevada, Page 2658 (CHAPTER 413, SB 287)κ
Agricultural Extension Department, including, without limitation, in each county that has entered into an agreement with or participates in a program of the Agricultural Extension Department.
Sec. 3.5. NRS 396.750 is hereby amended to read as follows:
396.750 The Board of Regents, upon recommendation of the appropriate officer of the System shall appoint a qualified person to [conduct] serve as Director of the Agricultural Experiment Station of the Public Service Division of the System and grant him or her such assistants as it deems necessary. The Director shall conduct all business of the Agricultural Experiment Station and administer all funds of the Agricultural Experiment Station.
Sec. 3.7. NRS 396.790 is hereby amended to read as follows:
396.790 1. The Director of the Nevada Agricultural Experiment Station of the System, with the approval of the Board of Regents, is hereby authorized and directed to enter into cooperative agreements with the United States Department of Agriculture under the provisions of an Act of Congress entitled An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products, approved August 14, 1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).
2. The Nevada Agricultural Experiment Station Fund is hereby created [.] and must be administered by the Director of the Agricultural Experiment Station. Support for the Fund must be provided by legislative appropriation from the State General Fund.
3. All claims against the Nevada Agricultural Experiment Station Fund must be certified by the Director of the Nevada Agricultural Experiment Station, approved by the Board of Regents and the State Board of Examiners and when so certified and approved, the State Controller is authorized to draw his or her warrants in payment of the claim, and the State Treasurer is authorized to pay the claim.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. Chapter 549 of NRS is hereby amended by adding thereto a new section to read as follows:
The state land grant institutions of the University of Nevada are the University of Nevada, Las Vegas, the University of Nevada, Reno, and the Desert Research Institute.
Secs. 7-11 and 11.3. (Deleted by amendment.)
Sec. 11.7. The provisions of this act do not affect any appropriations to or expenditures by the Agricultural Extension Department or the Agricultural Experiment Station of the Public Service Division of the Nevada System of Higher Education as they exist on July 1, 2021.
Sec. 12. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2659κ
Senate Bill No. 290Senator Lange
CHAPTER 414
[Approved: June 4, 2021]
AN ACT relating to insurance; requiring certain insurers to allow a person who has been diagnosed with stage 3 or 4 cancer and is covered by the insurer to apply for an exemption from required step therapy for certain drugs; requiring such insurers to grant such an exemption in certain circumstances; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires local governments that provide health coverage for employees through a self-insurance reserve fund, private sector employers who provide health benefits for their employees, insurers who issue individual or group health policies, medical services corporations and health maintenance organizations to cover certain prescription drugs for the treatment of cancer. (NRS 287.010, 608.1555, 689A.0404, 689B.0365, 695B.1908, 695C.1733) Sections 1, 3, 4, 6-9 and 11-14.5 of this bill require all health insurers, including public and private sector employers that provide health benefits for their employees and Medicaid, to allow a covered person who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of such a covered person to apply for an exemption from step therapy that would otherwise be required for a prescription drug to treat the cancer or any symptom thereof of the covered person. Sections 1, 3, 4, 6-9 and 11-14.5 require an insurer to: (1) grant such an exemption in certain circumstances; and (2) post a form for applying for such an exemption in an easily accessible location on the Internet website of the insurer. Sections 2, 5, 15.3 and 15.6 of this bill make conforming changes to indicate the placement of sections 1, 4 and 14.5 in the Nevada Revised Statutes. Section 10 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of section 8. The Commissioner is also authorized to take such action against other health insurers who fail to comply with the requirements of sections 1, 3, 4, 6, 7 and 11 of this bill. (NRS 680A.200) Sections 16.3 and 16.8 of this bill make appropriations to pay the increased costs for prescription drugs to the Public Employees Benefits Program and Medicaid associated with complying with the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of health insurance which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
κ2021 Statutes of Nevada, Page 2660 (CHAPTER 414, SB 290)κ
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the insurer the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, an insurer that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, an insurer that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. An insurer shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. An insurer must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
κ2021 Statutes of Nevada, Page 2661 (CHAPTER 414, SB 290)κ
the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If an insurer approves an application for an exemption from a step therapy protocol pursuant to this section, the insurer must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable policy of health insurance. The insurer may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the insurer must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The insurer may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The insurer shall provide a report of the review to the insured.
8. An insurer shall post in an easily accessible location on an Internet website maintained by the insurer a form for requesting an exemption pursuant to this section.
9. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 2. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of group health insurance which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol.
κ2021 Statutes of Nevada, Page 2662 (CHAPTER 414, SB 290)κ
or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the insurer the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, an insurer that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, an insurer that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. An insurer shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. An insurer must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
κ2021 Statutes of Nevada, Page 2663 (CHAPTER 414, SB 290)κ
effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If an insurer approves an application for an exemption from a step therapy protocol pursuant to this section, the insurer must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable policy of group health insurance. The insurer may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the insurer must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The insurer may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The insurer shall provide a report of the review to the insured.
8. An insurer shall post in an easily accessible location on an Internet website maintained by the insurer a form for requesting an exemption pursuant to this section.
9. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers or issues a health benefit plan which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol.
κ2021 Statutes of Nevada, Page 2664 (CHAPTER 414, SB 290)κ
of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the carrier the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, a carrier that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, a carrier that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. A carrier shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. A carrier must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
κ2021 Statutes of Nevada, Page 2665 (CHAPTER 414, SB 290)κ
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If a carrier approves an application for an exemption from a step therapy protocol pursuant to this section, the carrier must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable health benefit plan. The carrier may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the carrier must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The carrier may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The carrier shall provide a report of the review to the insured.
8. A carrier shall post in an easily accessible location on an Internet website maintained by the carrier a form for requesting an exemption pursuant to this section.
9. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 5. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that offers or issues a benefit contract which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol.
κ2021 Statutes of Nevada, Page 2666 (CHAPTER 414, SB 290)κ
has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the society the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, a society that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, a society that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. A society shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. A society must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
κ2021 Statutes of Nevada, Page 2667 (CHAPTER 414, SB 290)κ
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If a society approves an application for an exemption from a step therapy protocol pursuant to this section, the society must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable benefit contract. The society may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the society must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The society may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The society shall provide a report of the review to the insured.
8. A society shall post in an easily accessible location on an Internet website maintained by the society a form for requesting an exemption pursuant to this section.
9. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the benefit contract that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that offers or issues a policy of health insurance which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the a hospital or medial services corporation the clinical rationale for the exemption and any relevant medical information.
κ2021 Statutes of Nevada, Page 2668 (CHAPTER 414, SB 290)κ
hospital or medial services corporation the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, a hospital or medical services corporation that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, a hospital or medical services corporation that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. A hospital or medical services corporation shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. A hospital or medical services corporation must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
κ2021 Statutes of Nevada, Page 2669 (CHAPTER 414, SB 290)κ
the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If a hospital or medical services corporation approves an application for an exemption from a step therapy protocol pursuant to this section, the hospital or medical services corporation must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable policy of health insurance. The hospital or medical services corporation may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the hospital or medical services corporation must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The hospital or medical services corporation may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The hospital or medical services corporation shall provide a report of the review to the insured.
8. A hospital or medical services corporation shall post in an easily accessible location on an Internet website maintained by the hospital or medical services corporation a form for requesting an exemption pursuant to this section.
9. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that offers or issues a health care plan which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an enrollee who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the enrollee to apply for an exemption from the step therapy protocol.
κ2021 Statutes of Nevada, Page 2670 (CHAPTER 414, SB 290)κ
the attending practitioner of the enrollee to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the enrollee or attending practitioner, or a designated advocate for the enrollee or attending practitioner, to present to the health maintenance organization the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the enrollee demonstrating that the enrollee has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, a health maintenance organization that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the enrollee, a health maintenance organization that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the enrollee.
5. A health maintenance organization shall disclose to the enrollee or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. A health maintenance organization must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the enrollee when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
κ2021 Statutes of Nevada, Page 2671 (CHAPTER 414, SB 290)κ
effective at treating the cancer or symptom of the enrollee when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the enrollee and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the enrollee and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the enrollee or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the enrollee; or
(2) Has prevented or is likely to prevent the enrollee from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the enrollee is stable while being treated with the prescription drug for which the exemption is requested and the enrollee has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If a health maintenance organization approves an application for an exemption from a step therapy protocol pursuant to this section, the health maintenance organization must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable health care plan. The health maintenance organization may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the health maintenance organization must continue to cover the drug for as long as it is necessary to treat the enrollee for the cancer or symptom. The health maintenance organization may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the enrollee for the cancer or symptom. The health maintenance organization shall provide a report of the review to the enrollee.
8. A health maintenance organization shall post in an easily accessible location on an Internet website maintained by the health maintenance organization a form for requesting an exemption pursuant to this section.
9. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the health care plan that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an enrollee.
Sec. 9. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
κ2021 Statutes of Nevada, Page 2672 (CHAPTER 414, SB 290)κ
regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 and section 8 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
Sec. 10. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
κ2021 Statutes of Nevada, Page 2673 (CHAPTER 414, SB 290)κ
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 11. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that offers or issues a health care plan which provides coverage of a prescription drug for the treatment of cancer or any symptom of cancer that is part of a step therapy protocol shall allow an insured who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the insured to apply for an exemption from the step therapy protocol. The application process for such an exemption must:
(a) Allow the insured or attending practitioner, or a designated advocate for the insured or attending practitioner, to present to the managed care organization the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documentation that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
κ2021 Statutes of Nevada, Page 2674 (CHAPTER 414, SB 290)κ
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the insured demonstrating that the insured has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, a managed care organization that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, a step therapy protocol may seriously jeopardize the life or health of the insured, a managed care organization that receives an application for an exemption pursuant to subsection 1 must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the insured.
5. A managed care organization shall disclose to the insured or attending practitioner who submits an application for an exemption from a step therapy protocol pursuant to subsection 1 the qualifications of each person who will review the application.
6. A managed care organization must grant an exemption from a step therapy protocol in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the insured when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the insured and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the insured and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
κ2021 Statutes of Nevada, Page 2675 (CHAPTER 414, SB 290)κ
(1) Is contraindicated for the insured or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the insured; or
(2) Has prevented or is likely to prevent the insured from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505;
(d) The condition of the insured is stable while being treated with the prescription drug for which the exemption is requested and the insured has previously received approval for coverage of that drug; or
(e) Any other condition for which such an exemption is required by regulation of the Commissioner is met.
7. If a managed care organization approves an application for an exemption from a step therapy protocol pursuant to this section, the managed care organization must cover the prescription drug to which the exemption applies in accordance with the terms of the applicable health care plan. The managed care organization may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the managed care organization must continue to cover the drug for as long as it is necessary to treat the insured for the cancer or symptom. The managed care organization may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the insured for the cancer or symptom. The managed care organization shall provide a report of the review to the insured.
8. A managed care organization shall post in an easily accessible location on an Internet website maintained by the managed care organization a form for requesting an exemption pursuant to this section.
9. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by this section, and any provision of the health care plan that conflicts with this section is void.
10. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of an insured.
Sec. 11.5. (Deleted by amendment.)
Sec. 12. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
κ2021 Statutes of Nevada, Page 2676 (CHAPTER 414, SB 290)κ
insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 3 of this act, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
κ2021 Statutes of Nevada, Page 2677 (CHAPTER 414, SB 290)κ
(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
6. As used in this section, legal services organization means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
Sec. 13. NRS 287.04335 is hereby amended to read as follows:
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, and section 11 of this act, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 14. (Deleted by amendment.)
Sec. 14.5. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department or a pharmacy benefit manager or health maintenance organization with which the Department contracts pursuant to NRS 422.4053 to manage prescription drug benefits shall allow a recipient of Medicaid who has been diagnosed with stage 3 or 4 cancer or the attending practitioner of the recipient to apply for an exemption from step therapy that would otherwise be required pursuant to NRS 422.403 to instead use a prescription drug prescribed by the attending practitioner to treat the cancer or any symptom thereof of the recipient of Medicaid. The application process must:
(a) Allow the recipient or attending practitioner, or a designated advocate for the recipient or attending practitioner, to present to the Department, pharmacy benefit manager or health maintenance organization, as applicable, the clinical rationale for the exemption and any relevant medical information.
(b) Clearly prescribe the information and supporting documents that must be submitted with the application, the criteria that will be used to evaluate the request and the conditions under which an expedited determination pursuant to subsection 4 is warranted.
(c) Require the review of each application by at least one physician, registered nurse or pharmacist.
2. The information and supporting documentation required pursuant to paragraph (b) of subsection 1:
(a) May include, without limitation:
(1) The medical history or other health records of the recipient demonstrating that the recipient has:
(I) Tried other drugs included in the pharmacological class of drugs for which the exemption is requested without success; or
κ2021 Statutes of Nevada, Page 2678 (CHAPTER 414, SB 290)κ
(II) Taken the requested drug for a clinically appropriate amount of time to establish stability in relation to the cancer and the guidelines of the prescribing practitioner; and
(2) Any other relevant clinical information.
(b) Must not include any information or supporting documentation that is not necessary to make a determination about the application.
3. Except as otherwise provided in subsection 4, the Department, pharmacy benefit manager or health maintenance organization, as applicable, that receives an application for an exemption pursuant to subsection 1 shall:
(a) Make a determination concerning the application if the application is complete or request additional information or documentation necessary to complete the application not later than 72 hours after receiving the application; and
(b) If it requests additional information or documentation, make a determination concerning the application not later than 72 hours after receiving the requested information or documentation.
4. If, in the opinion of the attending practitioner, step therapy may seriously jeopardize the life or health of the recipient, the Department, pharmacy benefit manager or health maintenance organization that receives an application for an exemption pursuant to subsection 1, as applicable, must make a determination concerning the application as expeditiously as necessary to avoid serious jeopardy to the life or health of the recipient.
5. The Department, pharmacy benefit manager or health maintenance organization, as applicable, shall disclose to a recipient or attending practitioner who submits an application for an exemption from step therapy pursuant to subsection 1 the qualifications of each person who will review the application.
6. The Department, pharmacy benefit manager or health maintenance organization, as applicable, must grant an exemption from step therapy in response to an application submitted pursuant to subsection 1 if:
(a) Any treatment otherwise required under the step therapy or any drug in the same pharmacological class or having the same mechanism of action as the drug for which the exemption is requested has not been effective at treating the cancer or symptom of the recipient when prescribed in accordance with clinical indications, clinical guidelines or other peer-reviewed evidence;
(b) Delay of effective treatment would have severe or irreversible consequences for the recipient and the treatment otherwise required under the step therapy is not reasonably expected to be effective based on the physical or mental characteristics of the recipient and the known characteristics of the treatment;
(c) Each treatment otherwise required under the step therapy:
(1) Is contraindicated for the recipient or has caused or is likely, based on peer-reviewed clinical evidence, to cause an adverse reaction or other physical harm to the recipient; or
(2) Has prevented or is likely to prevent the recipient from performing the responsibilities of his or her occupation or engaging in activities of daily living, as defined in 42 C.F.R. § 441.505; or
κ2021 Statutes of Nevada, Page 2679 (CHAPTER 414, SB 290)κ
(d) The condition of the recipient is stable while being treated with the prescription drug for which the exemption is requested and the recipient has previously received approval for coverage of that drug.
7. If the Department, pharmacy benefit manager or health maintenance organization, as applicable, approves an application for an exemption from step therapy pursuant to this section, the State must pay the nonfederal share of the cost of the prescription drug to which the exemption applies. The Department, pharmacy benefit manager or health maintenance organization may initially limit the coverage to a 1-week supply of the drug for which the exemption is granted. If the attending practitioner determines after 1 week that the drug is effective at treating the cancer or symptom for which it was prescribed, the State must continue to pay the nonfederal share of the cost of the drug for as long as it is necessary to treat the recipient for the cancer or symptom. The Department, pharmacy benefit manager or health maintenance organization, as applicable, may conduct a review not more frequently than once each quarter to determine, in accordance with available medical evidence, whether the drug remains necessary to treat the recipient for the cancer or symptom. The Department, pharmacy benefit manager or health maintenance organization, as applicable, shall provide a report of the review to the recipient.
8. The Department and any pharmacy benefit manager or health maintenance organization with which the Department contracts pursuant to NRS 422.4053 to manage prescription drug benefits shall post in an easily accessible location on an Internet website maintained by the Department, pharmacy benefit manager or health maintenance organization, as applicable, a form for requesting an exemption pursuant to this section.
9. As used in this section, attending practitioner means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the cancer or any symptom of such cancer of a recipient.
Sec. 15. (Deleted by amendment.)
Sec. 15.3. NRS 422.401 is hereby amended to read as follows:
422.401 As used in NRS 422.401 to 422.406, inclusive, and section 14.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 422.4015 to 422.4024, inclusive, have the meanings ascribed to them in those sections.
Sec. 15.6. NRS 422.406 is hereby amended to read as follows:
422.406 1. The Department may, to carry out its duties set forth in NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and section 14.5 of this act and to administer the provisions of those sections:
(a) Adopt regulations; and
(b) Enter into contracts for any services.
2. Any regulations adopted by the Department pursuant to NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and section 14.5 of this act must be adopted in accordance with the provisions of chapter 241 of NRS.
Sec. 16. (Deleted by amendment.)
Sec. 16.3. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay the increased costs for prescription drugs associated with complying with the provisions of this act the following sums:
κ2021 Statutes of Nevada, Page 2680 (CHAPTER 414, SB 290)κ
of Health and Human Services to pay the increased costs for prescription drugs associated with complying with the provisions of this act the following sums:
For the Fiscal Year 2021-2022.................................................... $765,814
For the Fiscal Year 2022-2023.................................................... $753,976
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 16.8. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Public Employees Benefits Program the sum of $713,000 to pay the increased costs for prescription drugs associated with complying with the provisions of this act. Money appropriated pursuant to this section is available for Fiscal Year 2022-2023 and may be allocated by the Interim Finance Committee to the Public Employees Benefits Program upon the presentation to the Interim Finance Committee of an itemization of costs.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 17. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 18. 1. This section and section 16.3 of this act become effective on July 1, 2021.
2. Sections 1 to 16, inclusive, and 17 of this act become effective on January 1, 2022.
3. Section 16.8 of this act becomes effective on July 1, 2022.
________
κ2021 Statutes of Nevada, Page 2681κ
Senate Bill No. 291Senator Lange
CHAPTER 415
[Approved: June 4, 2021]
AN ACT relating to cosmetology; providing for the licensure and regulation of advanced estheticians and instructors of advanced estheticians by the State Board of Cosmetology; setting forth certain requirements for licensure as an advanced esthetician or instructor of advanced estheticians; setting forth certain requirements for the performance of certain procedures performed by an advanced esthetician; prohibiting an advanced esthetician from performing certain procedures; requiring the Board to prescribe a curriculum for a course of study in advanced esthetics; establishing certain fees relating to licensure as an advanced esthetician and an instructor of advanced estheticians; revising provisions relating to schools of cosmetology and cosmetological establishments; authorizing the Board to, for a certain period of time, issue a license as an advanced esthetician or an instructor of advanced estheticians to certain persons who would otherwise not qualify for such licenses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure and regulation by the State Board of Cosmetology of persons engaged in the practice of various branches of cosmetology, cosmetological establishments, schools of cosmetology and instructors at such schools. (Chapter 644A of NRS) Among the persons licensed and regulated by the Board are persons engaged in the practice of esthetics, which existing law defines generally to include certain practices involving the care of the skin, the application of cosmetics and the removal of superfluous hair from the body. (NRS 644A.075) This bill provides for the licensure and regulation of: (1) persons designated by section 7 of this bill as advanced estheticians, who, in addition to the practice of esthetics, engage in certain specified advanced esthetic procedures; and (2) instructors of advanced estheticians.
Existing law requires the Board to hold examinations to determine the qualifications of all applicants for licenses issued by the Board. (NRS 644A.300-644A.535) Section 19 of this bill sets forth certain requirements for admission to examination for a license as an advanced esthetician. Section 20 of this bill sets forth certain requirements for the examination for licensure as an advanced esthetician.
Section 6 of this bill designates certain procedures as advanced esthetic procedures. Among these procedures is a nonablative esthetic medical procedure, which is defined in sections 11 and 18 of this bill to mean a procedure performed for esthetic purposes using certain medical devices and which is not expected to excise, vaporize, disintegrate or remove living tissue. Section 22 of this bill sets forth certain requirements for the performance of a nonablative esthetic medical procedure by an advanced esthetician. Section 22 also prohibits an advanced esthetician from performing an ablative esthetic medical procedure, which is defined in sections 5 and 11 of this bill to mean a procedure performed for esthetic purposes using certain medical devices and which is expected to excise, vaporize, disintegrate or remove living tissue.
Existing law sets forth various requirements for the operation of schools of cosmetology. (NRS 644A.700-644A.755) Section 23 of this bill requires the Board to adopt regulations prescribing a curriculum for a course of study in advanced esthetics to be used by a licensed school of cosmetology that wishes to offer such a course of study and sets forth certain requirements for the curriculum.
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study and sets forth certain requirements for the curriculum. Existing law imposes certain requirements for admission to examination for a license as an instructor of cosmetology, instructor of estheticians and instructor in nail technology. (NRS 644A.420-644A.430) Section 21 of this bill imposes similar requirements for admission to examination for a license as an instructor of advanced estheticians. Section 42 of this bill requires a student advanced esthetician to complete a certain number of hours of instruction before commencing work on members of the public.
Existing law exempts a person authorized to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry from the provisions of existing law regarding cosmetology. (NRS 644A.150) Section 26 of this bill revises that exemption for the purposes of allowing only a physician or osteopathic physician, a physician assistant or an advanced practice registered nurse to engage in the practice of advanced esthetics without being subject to the requirements set forth in this bill.
Section 25 of this bill includes advanced esthetician within the occupations encompassed by the definition of cosmetology set forth in existing law. (NRS 644A.040) Section 3 of this bill includes a person licensed as an advanced esthetician among the persons exempt from the provisions of existing law governing massage therapy. (NRS 640C.100) Section 27 of this bill authorizes a person licensed as an advanced esthetician to be appointed to the Board.
Section 29 of this bill provides for the issuance of a provisional license as an instructor to certain licensed advanced estheticians under certain circumstances. Section 30 of this bill authorizes the Board to issue a limited license to certain persons who are licensed as advanced estheticians, which allows for the practice of advanced esthetics subject to certain restrictions.
Section 32 of this bill revises provisions relating to the language in which examinations for licenses issued by the Board are given to apply to the examinations for a license as an advanced esthetician and an instructor of advanced estheticians.
Sections 31 and 34 of this bill establish certain fees for the examination and issuance of a license as an advanced esthetician and an instructor of advanced estheticians. Sections 36-38 of this bill revise provisions relating to the expiration and renewal of licenses issued by the Board to apply to a license as an advanced esthetician and an instructor of advanced estheticians.
Sections 39-41 of this bill make certain provisions relating to the operation of cosmetological establishments applicable to cosmetological establishments at which advanced estheticians practice. Section 39 also requires a holder of a license to operate a cosmetological establishment to display at each establishment he or she operates a sign indicating that the establishment is not a medical facility.
Existing law prescribes grounds for disciplinary action against holders of licenses issued by the Board. (NRS 644A.850) Section 43 of this bill makes these provisions applicable to the holder of a license as an advanced esthetician or an instructor of advanced estheticians. Section 43 also authorizes disciplinary action for failure to comply with the requirements of section 39.
Sections 45 and 46 of this bill set forth processes by which the Board is authorized to issue a license as an advanced esthetician or a license as an instructor of advanced estheticians to certain applicants who do not meet the requirements set forth in this bill but who: (1) hold a license as an esthetician or a license as an instructor of cosmetology or instructor of estheticians, as applicable, issued by the Board on or before October 1, 2023; (2) apply for licensure on or before October 1, 2023; and (3) meet certain other requirements.
Sections 5-18 of this bill define words and terms applicable to the provisions of this bill. Sections 24, 33 and 44 of this bill make conforming changes to properly indicate the placement of new language in the Nevada Revised Statutes.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 640C.100 is hereby amended to read as follows:
640C.100 1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy, reflexology or structural integration is performed in the course of the practice for which the person is licensed.
(b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.
(c) A person licensed or registered as an advanced esthetician, esthetician, estheticians apprentice, hair designer, hair designers apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologists apprentice pursuant to chapter 644A of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an advanced esthetician, esthetician, estheticians apprentice, hair designer, hair designers apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologists apprentice pursuant to that chapter.
(d) A person licensed or registered as a nail technologist or nail technologists apprentice pursuant to chapter 644A of NRS if the person is massaging, cleansing or stimulating the hands, forearms, feet or lower legs within the permissible scope of practice for a nail technologist or nail technologists apprentice.
(e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy, reflexology or structural integration on athletes.
(f) Students enrolled in a school of massage therapy, reflexology or structural integration recognized by the Board.
(g) A person who practices massage therapy, reflexology or structural integration solely on members of his or her immediate family.
(h) A person who performs any activity in a licensed brothel.
2. Except as otherwise provided in subsection 3 and NRS 640C.330, the provisions of this chapter preempt the licensure and regulation of a massage therapist, reflexologist or structural integration practitioner by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist, reflexologist or structural integration practitioner or applicant for a license to practice massage therapy, reflexology or structural integration.
3. The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist, reflexologist or structural integration practitioner to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.
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4. As used in this section, immediate family means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.
Sec. 4. Chapter 644A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 23, inclusive, of this act.
Sec. 5. Ablative esthetic medical procedure means an esthetic medical procedure that is expected to excise, vaporize, disintegrate or remove living tissue.
Sec. 6. Advanced esthetic procedure means any of the following procedures performed for esthetic purposes and not for the treatment of a medical, physical or mental ailment:
1. Exfoliation;
2. Microdermabrasion and related services;
3. Microneedling;
4. Dermaplaning;
5. Extraction;
6. Hydrotherapy;
7. A nonablative esthetic medical procedure; or
8. Other similar esthetic preparations or procedures with the use of the hands or a mechanical or electronic apparatus.
Sec. 7. Advanced esthetician means any person who engages in the practice of advanced esthetics.
Sec. 8. Advanced esthetics means the practice of advanced esthetic procedures in addition to the practice of esthetics.
Sec. 9. Dermaplaning means the use of a blade with a handle to remove dead skin cells and vellus hairs from the face.
Sec. 10. Esthetic medical device means a device, as defined in 21 U.S.C. § 321, used to perform an esthetic medical procedure, including, without limitation, a laser, a radial shockwave device, a cryotherapy device and a device that emits radio frequencies, plasma, intense pulsed light, ultrasound, microwaves or other similar energies.
Sec. 11. Esthetic medical procedure means a procedure performed using an esthetic medical device for the purposes of the care of the skin, beautification, anti-aging, permanent hair reduction, skin tightening, skin rejuvenation, noninvasive body contouring, noninvasive lipolysis or other similar esthetic purposes.
Sec. 12. Exfoliation means a process whereby superficial epidermal cells are removed from the skin.
Sec. 13. Extraction means the removal of impurities from the skin using lancets or needles.
Sec. 14. Hydrotherapy means the use of water for esthetic purposes or beautification of the body.
Sec. 15. (Deleted by amendment.)
Sec. 16. Microdermabrasion means the physical removal of surface epidermal cells using an abrasive material or apparatus.
Sec. 17. Microneedling means the use of multiple small needles which are solid and which are designed to pierce the skin for the purpose of stimulating collagen production or cellular renewal.
Sec. 18. Nonablative esthetic medical procedure means an esthetic medical procedure that is not expected to excise, vaporize, disintegrate or remove living tissue.
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Sec. 19. The Board shall admit to examination for a license as an advanced esthetician any person who has made the application to the Board in proper form, paid the fee and:
1. Is at least 18 years of age;
2. Is of good moral character;
3. Has successfully completed the 10th grade in school or its equivalent; and
4. Satisfies at least one of the following:
(a) The person has completed at least 900 hours of training in a licensed school of cosmetology in a curriculum prescribed by the Board pursuant to section 23 of this act;
(b) The person is a licensed esthetician and has additionally completed at least 300 hours of training in a licensed school of cosmetology in a curriculum prescribed by the Board pursuant to section 23 of this act; or
(c) The person has practiced as a full-time licensed advanced esthetician for at least 1 year.
Sec. 20. The examination for a license as an advanced esthetician may include:
1. Practical demonstrations in advanced esthetics;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of electricity and mechanical apparatuses, including, without limitation, esthetic medical devices, as applicable to the practice of advanced esthetics; and
(c) The laws of Nevada and the regulations of the Board relating to cosmetology; and
3. Such other demonstrations and tests as the Board requires.
Sec. 21. 1. The Board shall admit to examination for a license as an instructor of advanced estheticians any person who has applied to the Board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 700 hours of training as a student instructor or 500 hours of training as an instructor or as a licensed provisional instructor in a licensed school of cosmetology;
(e) Is licensed as an advanced esthetician pursuant to this chapter; and
(f) Has practiced as a full-time licensed advanced esthetician or as a licensed student instructor.
2. An instructor of advanced estheticians shall complete at least the number of hours of continuing education required, at the time the hours of continuing education are completed, for instructors of schools of cosmetology accredited by the National Accrediting Commission of Career Arts & Sciences or its successor organization. The hours of continuing education must be obtained during each 2-year period of his or her license in courses approved by the Board.
Sec. 22. 1. An advanced esthetician may perform a nonablative esthetic medical procedure only under the supervision of a health care professional. For the purposes of this subsection, an esthetic medical procedure is performed under the supervision of a health care professional if, at all times during the performance of the procedure, the health care professional:
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(a) Is readily available for immediate consultation with the advanced esthetician by telephone or other communication technology which allows the health care professional and the advanced esthetician to communicate in real time; and
(b) Remains within 60 miles or 60 minutes of the location at which the procedure is being performed and is readily available to provide care in person if any problems arise during the procedure.
2. An advanced esthetician shall not perform any ablative esthetic medical procedure.
3. As used in this section, health care professional has the meaning ascribed to it in NRS 453C.030.
Sec. 23. 1. The Board shall adopt regulations prescribing a curriculum for a course of study in advanced esthetics to be used by a licensed school of cosmetology that wishes to offer such a course of study.
2. The curriculum prescribed pursuant to subsection 1 must include, without limitation, instruction in the following subjects:
(a) State and federal laws pertaining to the practice of advanced esthetics;
(b) Professional ethical standards for advanced estheticians;
(c) The theory and performance of advanced esthetic procedures;
(d) Medical subjects relevant to the practice of advanced esthetics, including, without limitation, subjects relating to health, lifestyle, nutrition, autoimmune diseases, infection control and wound healing;
(e) First aid, including, without limitation, the administration of cardiopulmonary resuscitation;
(f) Subjects relating to the science of the skin, including, without limitation, skin types, systems for the classification of skin conditions and skin disorders and diseases;
(g) Anatomy, physiology, chemistry, pharmacology and other relevant sciences;
(h) The physics of wave energy, including, without limitation, the physics of lasers, intense pulsed light, radio frequency, ultrasound, plasma and other energies;
(i) The duties of an advanced esthetician with respect to the confidentiality of client information, client consultation, informed consent and the care of clients both before and after advanced esthetic procedures;
(j) Subjects relevant to the professional practice of advanced esthetics, including, without limitation, professional liability insurance, risk management and professional interactions with health care professionals;
(k) Subjects relating to esthetic medical devices and other apparatuses used in the practice of advanced esthetics, including, without limitation, the classification, maintenance and safe and proper use of such devices and apparatuses; and
(l) Any other subject which the Board may determine by regulation to be necessary and proper for the instruction of advanced estheticians.
Sec. 24. NRS 644A.010 is hereby amended to read as follows:
644A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644A.015 to 644A.140, inclusive, and sections 5 to 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 25. NRS 644A.040 is hereby amended to read as follows:
644A.040 Cosmetology includes the occupations of a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics and nail technologist.
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technologist, hair braider, demonstrator of cosmetics and nail technologist. The term does not include the occupation of a makeup artist.
Sec. 26. NRS 644A.150 is hereby amended to read as follows:
644A.150 1. The following persons are exempt from the provisions of this chapter:
(a) [All] Except for those provisions relating to advanced estheticians, all persons authorized by the laws of this State to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.
(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:
(1) The demonstration is without charge to the person to whom the demonstration is given; and
(2) The retailer does not advertise or provide a service relating to the practice of cosmetology except cosmetics and fragrances.
(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services or the practice of makeup artistry and provides cosmetics without charge to the customer.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644A.740.
(b) Notwithstanding the provisions of NRS 644A.735, shall maintain a staff of at least one licensed instructor.
3. Any health care professional, as defined in NRS 453C.030, is exempt from the provisions of this chapter relating to advanced estheticians.
Sec. 27. NRS 644A.205 is hereby amended to read as follows:
644A.205 1. No person is eligible for appointment as a member of the Board:
(a) Who is not licensed as a nail technologist, electrologist, esthetician , advanced esthetician or cosmetologist under the provisions of this chapter.
(b) Who is not, at the time of appointment, actually engaged in the practice of his or her respective branch of cosmetology.
(c) Who is not at least 25 years of age.
(d) Who has not been a resident of this State for at least 3 years immediately before appointment.
2. The requirements of paragraphs (a) and (b) of subsection 1 do not apply to a person appointed to represent customers of cosmetology.
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3. Not more than one member of the Board may be connected, directly or indirectly, with any school of cosmetology, or have been so connected while previously serving as a member of the Board.
Sec. 28. NRS 644A.260 is hereby amended to read as follows:
644A.260 1. The Board shall keep a record containing the name, known place or places of business, electronic mail address, personal mailing address, telephone number and the date and number of the license or certificate of registration, as applicable, of every nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics, makeup artist registered pursuant to NRS 644A.395 and cosmetologist, together with the names and addresses of all establishments for hair braiding, cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure or registration.
2. The Board may disclose the information contained in the record kept pursuant to subsection 1 to:
(a) Any other licensing board or agency that is investigating a licensee or registrant.
(b) A member of the general public, except information concerning the personal mailing address, work address, electronic mail address and telephone number of a licensee or registrant.
Sec. 29. NRS 644A.415 is hereby amended to read as follows:
644A.415 1. The Board may grant a provisional license as an instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent;
(b) Has practiced as a full-time licensed cosmetologist, hair designer, hair braider, esthetician , advanced esthetician or nail technologist for 1 year and submits written verification of his or her experience;
(c) Is licensed pursuant to this chapter;
(d) Applies for a provisional license on a form supplied by the Board;
(e) Submits two current photographs of himself or herself; and
(f) Has paid the fee established pursuant to subsection 2.
2. The Board shall establish and collect a fee of not less than $40 and not more than $75 for the issuance of a provisional license as an instructor.
3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructors license.
4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructors license or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.
Sec. 30. NRS 644A.455 is hereby amended to read as follows:
644A.455 1. The Board may, without examination, issue a limited license to a person who intends to practice cosmetology in this State in the manner set forth in this section and who is currently licensed as a cosmetologist, hair designer, nail technologist , [or] esthetician [:] or advanced esthetician:
(a) Pursuant to NRS 644A.490; or
(b) In another state or territory of the United States or the District of Columbia.
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2. A limited license issued pursuant to this section authorizes the holder of the limited license to practice cosmetology in this State:
(a) Within the branch of cosmetology or branches of cosmetology for which the person is licensed in a resort hotel and in other types of locations the Board designates by regulation; and
(b) For:
(1) A 1-year period; or
(2) Not more than five periods, of not more than 10 days each, during any 1-year period for which the license is issued or renewed.
3. To apply for a limited license for the period described in subparagraph (1) of paragraph (b) of subsection 2, an applicant must submit to the Board:
(a) An application which includes the name of the applicant and the number of the applicants license issued pursuant to NRS 644A.490;
(b) Proof of successful completion of a course provided by the Board relating to sanitation and infection control when providing services relating to the practice of cosmetology in a location other than a cosmetological establishment;
(c) Any other information required by the Board; and
(d) An application fee of $100.
4. To apply for a limited license for the period described in subparagraph (2) of paragraph (b) of subsection 2, an applicant must submit to the Board:
(a) An application which includes the name of the applicant and:
(1) The number of the applicants license issued pursuant to NRS 644A.490; or
(2) The number or other designation identifying the applicants license from any other jurisdiction described in subsection 1;
(b) Any other information required by the Board; and
(c) An application fee of $100.
5. The Board may issue a limited license pursuant to this section for not more than 1 year and may renew the limited license annually. A limited license expires 1 year after its date of issuance.
6. A holder of a limited license may renew the limited license on or before the date of its expiration. To renew the limited license, the holder must:
(a) Apply to the Board for renewal; and
(b) Submit an annual renewal fee of $100.
7. Not less than 5 days before practicing cosmetology in this State pursuant to a limited license, the holder of a limited license shall notify the Board electronically or in writing of the holders intention to practice cosmetology in this State pursuant to the limited license. The notice must specify:
(a) The name and limited license number of the holder;
(b) The specific dates and times on which the holder will be practicing cosmetology in this State pursuant to the limited license; and
(c) The name and address of the location at which the holder will be practicing cosmetology in this State pursuant to the limited license.
8. A holder of a limited license may submit to the Board the notice required by subsection 7 by using the Boards online notification process, by mail or in person.
9. A holder of a limited license is subject to the regulatory and disciplinary authority of the Board to the same extent as any other licensed cosmetologist for all acts relating to the practice of cosmetology which occur in this State pursuant to the limited license.
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cosmetologist for all acts relating to the practice of cosmetology which occur in this State pursuant to the limited license.
10. The Board:
(a) Shall designate by regulation the types of:
(1) Locations, in addition to a resort hotel, at which a holder of a limited license may practice cosmetology in this State under a limited license; and
(2) Services relating to the practice of cosmetology that a holder of a limited license may perform in this State under a limited license.
(b) May adopt any other regulations as are necessary to carry out the provisions of this section.
11. As used in this section, resort hotel has the meaning ascribed to it in NRS 463.01865.
Sec. 31. NRS 644A.470 is hereby amended to read as follows:
644A.470 1. In addition to the fee for an application, the fees for examination are:
(a) For examination as a cosmetologist, not less than $75 and not more than $200.
(b) For examination as an electrologist, not less than $75 and not more than $200.
(c) For examination as a hair designer, not less than $75 and not more than $200.
(d) For examination as a shampoo technologist, not less than $50 and not more than $100.
(e) For examination as a hair braider, $110.
(f) For examination as a nail technologist, not less than $75 and not more than $200.
(g) For examination as an esthetician, not less than $75 and not more than $200.
(h) For examination as an advanced esthetician, not less than $75 and not more than $200.
(i) For examination as an instructor of estheticians, advanced estheticians, hair designers, cosmetology or nail technology, not less than $75 and not more than $200.
2. Except as otherwise provided in this subsection, the fee for each reexamination is not less than $75 and not more than $200. The fee for reexamination as a hair braider is $110.
3. In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.
4. Each applicant referred to in subsections 1 and 3 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.
Sec. 32. NRS 644A.480 is hereby amended to read as follows:
644A.480 1. The Board:
(a) Shall provide examinations for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics in English and, upon the request of an applicant for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics, in Spanish; and
(b) May provide examinations for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics, in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.
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technologist, hair braider, nail technologist or demonstrator of cosmetics, in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.
2. A request for an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics to be translated into a language other than English or Spanish must be filed with the Board by the applicant making the request at least 90 days before the scheduled examination. The Board shall keep all such requests on file.
3. The Board shall impose a fee upon the applicants who file requests for an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics to be translated into a language other than English or Spanish. The fee must be sufficient to ensure that the applicants bear the full cost for the development, preparation, administration, grading and evaluation of the translated examination. The fee is in addition to all other fees that must be paid by applicants for the examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics.
4. In determining whether it is in the best interests of the public to translate an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics into a language other than English or Spanish, the Board shall consider the percentage of the population within this State whose native language is the language for which the translated examination is sought.
Sec. 33. NRS 644A.485 is hereby amended to read as follows:
644A.485 1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644A.300 to 644A.535, inclusive, and sections 19, 20 and 21 of this act shall include the social security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644A.300 to 644A.535, inclusive, and sections 19, 20 and 21 of this act shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or
(b) A separate form prescribed by the Board.
3. A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644A.300 to 644A.535, inclusive, and sections 19, 20 and 21 of this act if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
κ2021 Statutes of Nevada, Page 2692 (CHAPTER 415, SB 291)κ
compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 34. NRS 644A.490 is hereby amended to read as follows:
644A.490 1. The Board shall issue a license or certificate of registration, as applicable, as a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist, demonstrator of cosmetics or instructor to each applicant who:
(a) Except as otherwise provided in NRS 644A.380 and 644A.455, passes a satisfactory examination, conducted by the Board to determine his or her fitness to practice that occupation of cosmetology; and
(b) Complies with such other requirements as are prescribed in this chapter for the issuance of the license or certificate of registration.
2. The fees for issuance of an initial license or certificate of registration, as applicable, are:
(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, shampoo technologists, demonstrators of cosmetics and cosmetologists:
(1) For 2 years, not less than $50 and not more than $100.
(2) For 4 years, not less than $100 and not more than $200.
(b) For hair braiders:
(1) For 2 years, $70.
(2) For 4 years, $140.
(c) For instructors:
(1) For 2 years, not less than $60 and not more than $100.
(2) For 4 years, not less than $120 and not more than $200.
Sec. 35. NRS 644A.510 is hereby amended to read as follows:
644A.510 Every licensed or registered nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his or her place of business or personal mailing address, as designated in the records of the Board, notify the Board of the new place of business or personal mailing address. Upon receipt of the notification, the Board shall make the necessary change in the records.
Sec. 36. NRS 644A.515 is hereby amended to read as follows:
644A.515 1. The license or certificate of registration, as applicable, of every cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist, demonstrator of cosmetics and instructor expires on either:
(a) The second anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration, from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal; or
κ2021 Statutes of Nevada, Page 2693 (CHAPTER 415, SB 291)κ
license or certificate of registration, from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal; or
(b) The fourth anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal.
2. The Board may, by regulation, defer the expiration of a license or certificate of registration, as applicable, of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Board may similarly defer the expiration of the license or certificate of registration, as applicable, of the spouse or dependent child of that person if the spouse or child is residing with the person.
3. For the purposes of this section, any licensee or holder of a certificate of registration whose date of birth occurs on February 29 in a leap year shall be deemed to have a birthdate of February 28.
Sec. 37. NRS 644A.520 is hereby amended to read as follows:
644A.520 1. An application for renewal of any license or certificate of registration issued pursuant to this chapter must be:
(a) Made on a form prescribed and furnished by the Board;
(b) Made on or before the date for renewal specified by the Board;
(c) Accompanied by the applicable fee for renewal; and
(d) Accompanied by all information required to complete the renewal.
2. The fees for renewal of a license or a certificate of registration, as applicable, are:
(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, shampoo technologists, demonstrators of cosmetics and cosmetologists:
(1) For 2 years, not less than $50 and not more than $100.
(2) For 4 years, not less than $100 and not more than $200.
(b) For hair braiders:
(1) For 2 years, $70.
(2) For 4 years, $140.
(c) For instructors:
(1) For 2 years, not less than $60 and not more than $100.
(2) For 4 years, not less than $120 and not more than $200.
(d) For cosmetological establishments:
(1) For 2 years, not less than $100 and not more than $200.
(2) For 4 years, not less than $200 and not more than $400.
(e) For establishments for hair braiding:
(1) For 2 years, $70.
(2) For 4 years, $140.
(f) For schools of cosmetology:
(1) For 2 years, not less than $500 and not more than $800.
(2) For 4 years, not less than $1,000 and not more than $1,600.
3. For each month or fraction thereof after the date for renewal specified by the Board in which a license or a certificate of registration as a shampoo technologist is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for an establishment for hair braiding, a cosmetological establishment, all persons licensed pursuant to this chapter and persons registered as a shampoo technologist.
κ2021 Statutes of Nevada, Page 2694 (CHAPTER 415, SB 291)κ
4. An application for the renewal of a license or a certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, esthetician, advanced esthetician, electrologist, nail technologist, demonstrator of cosmetics or instructor must be:
(a) Accompanied by two current photographs of the applicant which are 2 by 2 inches and have the name of the applicant written on the back of each photograph; or
(b) If the application for the renewal of the license or certificate of registration, as applicable, is made online, accompanied by a current photograph of the applicant which is 2 by 2 inches and is electronically attached to the application for renewal.
5. Before a person applies for the renewal of a license or certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, esthetician, advanced esthetician, electrologist, nail technologist or demonstrator of cosmetics, the person must complete at least 4 hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Board.
Sec. 38. NRS 644A.525 is hereby amended to read as follows:
644A.525 1. A nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor whose license or certificate of registration, as applicable, has expired may have his or her license or certificate of registration renewed only upon payment of all applicable required fees and submission of all information required to complete the renewal.
2. Any nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his or her license or certificate of registration, as applicable, restored only upon payment of all required fees and submission of all information required to complete the restoration.
3. No nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist, demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his or her license or certificate of registration, as applicable, restored without examination and must comply with any additional requirements established in regulations adopted by the Board.
Sec. 39. NRS 644A.615 is hereby amended to read as follows:
644A.615 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display in plain view of members of the general public:
(a) In the principal office or place of business of the holder, the license or a duplicate of the license [in plain view of members of the general public in the principal office or place of business of the holder.] ; and
(b) At each cosmetological establishment operated by the holder, a sign of sufficient size to be legible to members of the general public stating that the establishment is not a medical facility.
2. Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed or registered, as applicable, nail technologists, electrologists, estheticians, advanced estheticians, hair designers, shampoo technologists, hair braiders, demonstrators of cosmetics and cosmetologists at the establishment to provide services relating to the practice of cosmetology.
κ2021 Statutes of Nevada, Page 2695 (CHAPTER 415, SB 291)κ
provide services relating to the practice of cosmetology. This subsection does not prohibit an operator of a cosmetological establishment from:
(a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.
(b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.
3. The operator of a cosmetological establishment may lease space at the cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his or her practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.
4. As used in this section:
(a) Provider of health care means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(b) Space includes, without limitation, a separate room in the cosmetological establishment.
Sec. 40. NRS 644A.620 is hereby amended to read as follows:
644A.620 Cosmetology and threading may be practiced in a cosmetological establishment by licensed or registered, as applicable, cosmetologists, estheticians, advanced estheticians, electrologists, hair designers, shampoo technologists, hair braiders, demonstrators of cosmetics, nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:
1. Employees of the owner of the enterprise; or
2. Lessees of space from the owner of the enterprise.
Sec. 41. NRS 644A.625 is hereby amended to read as follows:
644A.625 1. A cosmetological establishment must, at all times, be under the immediate supervision of a person who is licensed in the branch of cosmetology or a combination of branches of cosmetology of any service relating to the practice of cosmetology provided at the cosmetological establishment at the time the service is provided.
2. If the operator of a cosmetological establishment leases space to a licensed or registered, as applicable, nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics or cosmetologist pursuant to NRS 644A.615, the lessee must provide supervision for that branch of cosmetology in the manner required by subsection 1.
Sec. 42. NRS 644A.745 is hereby amended to read as follows:
644A.745 A student enrolled as a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer or nail technologist must receive a minimum of 10 percent of the total hours of instruction in the classroom before commencing work on members of the public.
κ2021 Statutes of Nevada, Page 2696 (CHAPTER 415, SB 291)κ
Sec. 43. NRS 644A.850 is hereby amended to read as follows:
644A.850 1. The following are grounds for disciplinary action by the Board:
(a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed or registered, as applicable, esthetician, advanced esthetician, cosmetologist, hair designer, shampoo technologist, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics, makeup artist or school of cosmetology to comply with the requirements of this chapter or the applicable regulations adopted by the Board.
(b) Failure of a cosmetologists apprentice, electrologists apprentice, estheticians apprentice, hair designers apprentice or nail technologists apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.
(c) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(d) Gross malpractice.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(g) Advertising in violation of any of the provisions of NRS 644A.800 or 644A.935.
(h) Permitting a license or certificate of registration to be used where the holder thereof is not personally, actively and continuously engaged in business.
(i) Failure to display the license or certificate of registration or a duplicate of the license or certificate of registration as provided in NRS 644A.530, 644A.535, 644A.615, 644A.665 and 644A.710.
(j) Failure to display the sign as provided in paragraph (b) of subsection 1 of NRS 644A.615.
(k) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
[(k)] (l) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
[(l)] (m) Engaging in prostitution or solicitation for prostitution in violation of NRS 201.354 by the owner of a cosmetological establishment, an establishment for hair braiding or a facility in which threading is conducted, a licensee or a holder of a certificate of registration.
[(m)] (n) Failure to comply with the provisions of NRS 454.217 or 629.086.
[(n)] (o) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.
2. If the Board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license or certificate of registration;
(b) Revoke or suspend a license or certificate of registration;
(c) Place the licensee or holder of a certificate of registration on probation for a specified period;
(d) Impose a fine not to exceed $2,000; or
κ2021 Statutes of Nevada, Page 2697 (CHAPTER 415, SB 291)κ
(e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 44. NRS 644A.860 is hereby amended to read as follows:
644A.860 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 who has been issued a license or been registered pursuant to NRS 644A.300 to 644A.535, inclusive, and sections 19, 20 and 21 of this act, the Board shall deem the license or registration issued to that person 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 by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license or registration issued pursuant to NRS 644A.300 to 644A.535, inclusive, and sections 19, 20 and 21 of this act 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 whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 45. 1. Notwithstanding the amendatory provisions of this act, the Board may issue a license as an advanced esthetician to an applicant, without regard to whether the applicant meets the requirements set forth in the amendatory provisions of this act, if the applicant:
(a) Holds a current license as an esthetician issued by the Board on or before October 1, 2023;
(b) Applies to the Board for a license as an advanced esthetician on or before October 1, 2023; and
(c) Has:
(1) Continuously held a license as an instructor of estheticians issued by the Board for not less than 3 years immediately preceding the submission of the application for a license; or
(2) Completed at least 75 hours of training in the operation of lasers for medical or esthetic purposes or at least 150 hours of practical experience as an operator of lasers for medical or esthetic purposes under the delegation or supervision of a health care professional or other licensed professional whose licensure permits such delegation or supervision.
2. An applicant who applies for a license from the Board pursuant to subsection 1 must submit to the Board:
(a) A completed application on a form prescribed by the Board;
(b) The fee for the initial issuance of a license as an advanced esthetician set forth in NRS 644A.490, as amended by section 34 of this act;
(c) Proof satisfactory to the Board that the applicant satisfies the requirements for licensure set forth in subsection 1; and
(d) Any other information requested by the Board.
3. A license issued by the Board pursuant to subsection 1 shall be deemed to be a license as an advanced esthetician issued by the Board pursuant to NRS 644A.490, as amended by section 34 of this act.
κ2021 Statutes of Nevada, Page 2698 (CHAPTER 415, SB 291)κ
4. As used in this section:
(a) Advanced esthetician has the meaning ascribed to it in section 7 of this act.
(b) Board means the State Board of Cosmetology.
(c) Esthetics has the meaning ascribed to it in NRS 644A.075.
(d) Health care professional has the meaning ascribed to it in NRS 453C.030.
Sec. 46. 1. Notwithstanding the amendatory provisions of this act, the Board shall issue a license as an instructor of advanced estheticians to an applicant, without regard to whether the applicant meets the requirements set forth in the amendatory provisions of this act, if the applicant:
(a) Holds a current license as an instructor of cosmetology or an instructor of estheticians on or before October 1, 2023;
(b) Applies to the Board for a license as an instructor of advanced estheticians on or before October 1, 2023; and
(c) Has completed at least the number of hours of continuing education required, at the time the hours of continuing education are completed, for instructors of schools of cosmetology accredited by the National Accrediting Commission of Career Arts & Sciences or its successor organization. Such continuing education must be related to advanced esthetics.
2. An applicant who applies for a license from the Board pursuant to subsection 1 must submit to the Board:
(a) A completed application on a form prescribed by the Board;
(b) Proof satisfactory to the Board that the applicant satisfies the requirements set forth in subsection 1; and
(c) Any other information requested by the Board.
3. A license issued by the Board pursuant to subsection 1 shall be deemed to be a license as an instructor of advanced estheticians.
4. As used in this section:
(a) Advanced esthetician has the meaning ascribed to it in section 7 of this act.
(b) Advanced esthetics has the meaning ascribed to it in section 8 of this act.
(c) Board means the State Board of Cosmetology.
Sec. 47. 1. This act becomes effective on January 1, 2022.
2. Section 44 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2021 Statutes of Nevada, Page 2699κ
Senate Bill No. 341Senator Spearman
CHAPTER 416
[Approved: June 4, 2021]
AN ACT relating to racial equity; authorizing the Division of Public and Behavioral Health of the Department of Health and Human Services to apply for grants to reduce disparities in health care and behavioral health and certain disparities relating to kidney disease; requiring the Legislative Auditor to include certain information relating to persons employed as a director or chief executive officer in a report of an audit, to the extent money is available; declaring the policy of this State concerning employee diversity for state employers; requiring public employers to provide racial equity training, to the extent money is available; requiring public officers and employees to complete any such training offered; creating the Minority Health and Equity Account to hold funding for the Office of Minority Health and Equity within the Department; authorizing the Office to enter into a joint partnership with a public or private entity; requiring a managed care plan that provides behavioral health services to recipients of Medicaid to prepare and implement a plan to ensure the delivery of such services in a culturally competent manner; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Health and Human Services, through the Division of Public and Behavioral Health of the Department, to enter into contracts with various entities to carry out its duties relating to mental health and public health. (NRS 433.354, 439.155) Sections 2 and 17 of this bill authorize the Division to apply for available grants with the express purpose of addressing disparities in health care health outcomes, behavioral health care and behavioral health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level. Sections 2 and 17 authorize the Division to use a competitive process to select and award a grant of money to a community-based nonprofit organization to serve as lead partner in ensuring that services funded by a grant obtained by the Division are funded and allocated in an equitable manner. Sections 2 and 17 additionally authorize the Division to establish and consult with an advisory committee to ensure that such services are provided in a culturally competent manner. Sections 2 and 17 require the Department to submit to the Legislature annually two reports concerning efforts to address disparities in health care and behavioral health, respectively, due to race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level.
Section 2.5 of this bill authorizes the Division to apply for grants available to address disparities relating to kidney disease that are based on race. Section 2.5 authorizes the Division to establish and consult with an advisory committee consisting of certain persons interested in issues relating to kidney disease to establish a sustainable plan to increase education concerning and awareness of kidney disease through which services funded by such a grant may be provided. Section 2.5 also requires the Department to submit to the Legislature an annual report concerning the status of grants applied for during the immediately preceding calendar year.
κ2021 Statutes of Nevada, Page 2700 (CHAPTER 416, SB 341)κ
Existing law requires the Legislative Auditor to conduct certain audits of accounts, funds and other records of agencies of the State to determine certain information. (NRS 218G.200) Section 7.2 of this bill requires a report of an audit conducted by the Legislative Auditor to include certain information relating to persons employed as a director or chief executive officer of the audited agency, to the extent money is available to do so.
Section 7.6 of this bill: (1) declares the policy of the State that persons employed by the State must, to the extent practicable, reflect the age, gender, sexual, ethnic and geographic diversity of this State; and (2) requires each state agency to post the policy on its Internet website.
Section 7.8 of this bill requires a public employer, to the extent that money is available, to provide training concerning diversity and racial equity to each public officer and employee. Section 7.8 also requires a public officer or employee to complete any such training.
Existing law creates the Office of Minority Health and Equity within the Department of Health and Human Services to: (1) improve the quality of health care services for members of minority groups; (2) increase access to health care services for members of minority groups; (3) disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups; and (4) develop recommendations for changes in policy and advocate on behalf of minority groups. (NRS 232.474) Section 8 of this bill creates the Minority Health and Equity Account to hold money provided to the Office through appropriations, gifts, grants and donations. Section 8 provides that such money does not revert to the State General Fund. Section 10 of this bill makes a conforming change to indicate the placement of section 8 in the Nevada Revised Statutes. Section 11 of this bill authorizes the Office to enter into joint partnerships with public and private entities to carry out its purposes.
Existing law requires the Department to administer Medicaid and the Childrens Health Insurance Program. (NRS 422.270) Section 16 of this bill requires the Division of Health Care Financing and Policy of the Department to require a managed care organization that provides behavioral health services to recipients of Medicaid or the Childrens Health Insurance Program to prepare and implement a plan to ensure that such services are provided in a culturally competent manner if such a requirement is practicable. If the Division imposes such a requirement, section 16 requires the managed care organization to establish a committee of interested persons to conduct an ongoing review of the plan.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, As stated by James Baldwin, Not everything that is faced can be changed, but nothing can be changed until it is faced; and
Whereas, Systemic racism and structures of racial discrimination create generational poverty and perpetuate debilitating economic, educational and health hardships for persons of color, causing the single most profound economic and social challenge facing Nevada; and
Whereas, This economic and social challenge has been exacerbated by the COVID-19 pandemic; and
Whereas, Nearly 49 percent of Nevadas population is represented by persons of color, including persons who are Black, Indigenous, Hispanic, Asian or Pacific Islander and persons of more than one racial or ethnic background; and
Whereas, Nevada is a growing and diverse state with continually shifting demographics; and
Whereas, Racism has deep, harmful impacts and unfairly disadvantages Black and Indigenous persons and other persons of color (BIPOC) and has impeded solutions necessary to achieve racial parity; and
κ2021 Statutes of Nevada, Page 2701 (CHAPTER 416, SB 341)κ
Whereas, Providers of health care have long noted the existence of racial and ethnic disparities in our health care system, and these inequalities have led to a disproportionate negative impact on BIPOC communities during the COVID-19 pandemic; and
Whereas, The chronic stress of racism affects the mental and physical health of the members of BIPOC communities and, in particular, affects the mental and physical health of Black Americans on a daily basis to a greater degree than other groups; and
Whereas, During the 32nd Special Session of the Legislature, the Legislature adopted Senate Concurrent Resolution No. 1, which declared that systemic racism and structures of racial discrimination constitute a public health crisis; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The Division may apply for grants available from the Federal Government and other sources which have the express purpose of addressing disparities in health care and health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level.
2. To the extent authorized by the terms of a grant obtained pursuant to subsection 1, the Division may:
(a) Use a competitive process to select and award a grant of money to a nonprofit organization to serve as a lead partner to ensure that health care services supported by a grant obtained pursuant to subsection 1 are funded and allocated in an equitable manner. The lead partner must:
(1) Be based in the community to which the health care services are to be provided; and
(2) Have demonstrated experience serving that community.
(b) Establish and consult with an advisory committee to ensure that health care services supported by a grant obtained pursuant to subsection 1 are provided in a culturally competent manner. The advisory committee must be composed of representatives of nonprofit organizations that have demonstrated experience serving the community to which the health care services are to be provided.
3. On or before February 1 of each year, the Department shall:
(a) Compile a report that includes, without limitation:
(1) The amount of money allocated by the Department during the immediately preceding calendar year to support the provision of health care services or other services to promote physical well-being in communities with higher risk of health problems, decreased access to or usage of health care services or worse health outcomes or physical well-being than the general population based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level;
(2) A description of the services described in subparagraph (1) that were provided during the immediately preceding calendar year and the efforts made by the Department during the immediately preceding calendar year to locate persons in need of such services and provide such services to those persons;
κ2021 Statutes of Nevada, Page 2702 (CHAPTER 416, SB 341)κ
efforts made by the Department during the immediately preceding calendar year to locate persons in need of such services and provide such services to those persons;
(3) The number of persons who received the services described in subparagraph (1) and, to the extent available, information regarding the income level, age, race and ethnicity of those persons; and
(4) Any community-based organizations with which the Department collaborated to provide those services; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Legislative Commission and the Legislative Committee on Health Care; and
(2) In odd-numbered years, the next regular session of the Legislature.
Sec. 2.5. 1. The Division may apply for grants available from the Federal Government and other sources to support the identification, understanding and mitigation of health disparities relating to kidney disease that are based on race. Such disparities include, without limitation, disparities concerning:
(a) Early detection, frequency and severity of kidney disease; and
(b) Promotion of kidney transplantation.
2. The Division may establish and consult with an advisory committee to establish a sustainable plan to increase education concerning and awareness of kidney disease through which services supported by a grant obtained pursuant to subsection 1 may, to the extent applicable and authorized by the terms of the grant, be delivered. The advisory committee must be composed of representatives of providers of health care and medical facilities who provide care for kidney disease, patients with kidney disease, organ procurement organizations, national kidney organizations and any other members that the Division deems appropriate.
3. On or before February 1 of each year, the Department shall compile a report that includes, without limitation, the status of grants applied for during the immediately preceding calendar year pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) In even-numbered years, the Legislative Commission and the Legislative Committee on Health Care; and
(b) In odd-numbered years, the next regular session of the Legislature.
4. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Secs. 3-7. (Deleted by amendment.)
Sec. 7.2. Chapter 218G of NRS is hereby amended by adding thereto a new section to read as follows:
The Legislative Auditor shall, to the extent money is available for this purpose, include in a report of an audit the number of persons employed as a director or chief executive officer of the audited agency, and, if available, the number of such persons who self-identify as:
κ2021 Statutes of Nevada, Page 2703 (CHAPTER 416, SB 341)κ
1. Women, without regard to designated sex at birth.
2. Black, African-American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, Native Alaskan, gay, lesbian, bisexual or transgender.
Sec. 7.4. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.6 and 7.8 of this act.
Sec. 7.6. 1. It is hereby declared to be the public policy of the State of Nevada that, except as otherwise required by law, persons employed by the State must, to the extent practicable, reflect the diversity of this State, including, without limitation, the age, gender, sexual, ethnic and geographic diversity of this State.
2. Each state agency shall post the policy set forth in subsection 1 on the Internet website maintained by the State agency.
Sec. 7.8. 1. To the extent that money is available, a public employer shall provide training concerning diversity and racial equity to each of its officers and employees, which may include, without limitation, training regarding:
(a) Implicit and unconscious bias; and
(b) Undoing organizational, institutional, structural and systemic racism.
2. A public officer or employee shall complete any training provided pursuant to subsection 1.
Sec. 8. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Minority Health and Equity Account is hereby created in the State General Fund. The Account must be administered by the Manager. The Manager shall deposit in the Account:
(a) Any legislative appropriations made to the Office; and
(b) Any other money received by the Office pursuant to NRS 232.476.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Κ must be credited to the Account.
3. Any money in the Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The money in the Account must be expended to carry out the purposes of this section and NRS 232.467 to 232.484, inclusive.
Sec. 9. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
κ2021 Statutes of Nevada, Page 2704 (CHAPTER 416, SB 341)κ
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 16 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 10. NRS 232.467 is hereby amended to read as follows:
232.467 As used in NRS 232.467 to 232.484, inclusive, and section 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 232.468 to 232.473, inclusive, have the meanings ascribed to them in those sections.
κ2021 Statutes of Nevada, Page 2705 (CHAPTER 416, SB 341)κ
Sec. 11. NRS 232.476 is hereby amended to read as follows:
232.476 The Office may:
1. Apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out its purposes;
2. Contract or enter into a partnership with a public or private entity to assist in carrying out its purposes; and
3. Adopt such regulations as are necessary to carry out the provisions of NRS 232.467 to 232.484, inclusive [.] , and section 8 of this act.
Secs. 12-15. (Deleted by amendment.)
Sec. 16. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent practicable, the Division shall require a managed care organization, including, without limitation, a health maintenance organization, that provides behavioral health services to recipients of Medicaid under the State Plan for Medicaid or the Childrens Health Insurance Program pursuant to a contract with the Division to prepare and implement a plan to ensure that such services are provided in a culturally competent manner.
2. A plan to ensure that behavioral health services are provided in a culturally competent manner must be approved by the Division and must include, without limitation:
(a) Identification of disparities in the incidence of behavioral health problems, access to or usage of behavioral health services and in behavioral health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language and income level, to the extent that data is available to identify such disparities;
(b) Strategies for reducing the disparities identified pursuant to paragraph (a) and the rationale for each strategy;
(c) Mechanisms and goals to measure the effectiveness of the strategies prescribed pursuant to paragraph (b) and, if applicable, the degree to which the managed care organization has achieved goals set forth in previous plans;
(d) Strategies for addressing trauma and providing services in a trauma-informed manner; and
(e) Strategies for soliciting input from persons to whom the managed care organization provides services and other interested persons.
3. If the Division requires a managed care organization to prepare and implement a plan to ensure that behavioral health services are provided in a culturally competent manner, the managed care organization must:
(a) Establish, through an open invitation, a committee of interested persons for the purpose of conducting an ongoing review of the plan. The committee must include, without limitation, state and local government officers and employees, consumers of behavioral health services, advocates for consumers of behavioral health services, experts on reducing disparities in behavioral health and providers of behavioral health services.
(b) Biennially update the plan to reflect changes in the population served by the managed care organization and submit the updated plan to the Division for approval and for technical assistance and feedback concerning the implementation of the plan.
κ2021 Statutes of Nevada, Page 2706 (CHAPTER 416, SB 341)κ
(c) Post the plan and each updated version of the plan on a publicly available Internet website.
(d) Biennially compile, submit to the Division and post publicly on the Internet a report concerning the degree to which the managed care organization has achieved or is progressing toward achieving the goals set forth pursuant to paragraph (c) of subsection 2.
4. A committee established pursuant to paragraph (a) of subsection 3 must meet at least quarterly. Such meetings:
(a) May be conducted remotely or in person; and
(b) Must be open to the public.
5. The Department and the Division shall provide a managed care organization with any demographic information or technical assistance necessary to carry out the requirements imposed pursuant to this section. A managed care organization may solicit any information necessary to carry out the requirements imposed pursuant to this section from persons who receive behavioral health services from the plan.
6. As used in this section, trauma-informed manner means a manner that:
(a) Is informed by knowledge of and responsiveness to the effects of trauma;
(b) Emphasizes physical, psychological and emotional safety for persons receiving services; and
(c) Creates opportunities for a person affected by trauma to rebuild a sense of control and empowerment.
Sec. 17. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division may apply for grants available from the Federal Government and other sources which have the express purpose of addressing disparities in behavioral health care and behavioral health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level.
2. To the extent authorized by the terms of a grant obtained pursuant to subsection 1, the Division may:
(a) Use a competitive process to select and award a grant of money to a nonprofit organization to serve as a lead partner to ensure that services supported by a grant obtained pursuant to subsection 1 are funded and allocated in an equitable manner. The lead partner must:
(1) Be based in the community to which the services are to be provided; and
(2) Have demonstrated experience serving that community.
(b) Establish and consult with an advisory committee to ensure that services supported by a grant obtained pursuant to subsection 1 are provided in a culturally competent manner. The advisory committee must be composed of representatives of nonprofit organizations that have demonstrated experience serving the community to which the services are to be provided.
3. On or before February 1 of each year, the Department shall:
(a) Compile a report that includes, without limitation:
(1) The amount of money allocated by the Department during the immediately preceding calendar year to support the provision of behavioral health services or other services to promote emotional well-being in communities with higher risk of behavioral health problems, decreased access to or usage of behavioral health services or worse behavioral health outcomes or emotional well-being than the general population based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level;
κ2021 Statutes of Nevada, Page 2707 (CHAPTER 416, SB 341)κ
communities with higher risk of behavioral health problems, decreased access to or usage of behavioral health services or worse behavioral health outcomes or emotional well-being than the general population based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level;
(2) A description of the services described in subparagraph (1) that were provided during the immediately preceding calendar year and the efforts made by the Department during the immediately preceding calendar year to locate persons in need of such services and provide such services to those persons;
(3) The number of persons who received the services described in subparagraph (1) and, to the extent available, information regarding the income level, age, race and ethnicity of those persons; and
(4) Any community-based organizations with which the Department collaborated to provide those services; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Legislative Commission and the Legislative Committee on Health Care; and
(2) In odd-numbered years, the next regular session of the Legislature.
Secs. 18 and 19. (Deleted by amendment.)
Sec. 20. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 21. 1. This section and sections 1 to 17, inclusive, 19 and 20 of this act become effective on July 1, 2021.
2. Section 18 of this act becomes effective on July 1, 2026.
________
Senate Bill No. 367Committee on Revenue and Economic Development
CHAPTER 417
[Approved: June 4, 2021]
AN ACT relating to taxation; revising provisions governing the excise tax on live entertainment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the imposition of an excise tax on admission to certain facilities where live entertainment is provided. (Chapter 368A of NRS) Section 1.7 of this bill exempts from this tax live entertainment provided by or entirely for the benefit of a governmental entity. Section 1 of this bill defines the term governmental entity for the purposes of this exemption, and section 1.3 of this bill makes a conforming change to indicate the placement of section 1 in the Nevada Revised Statutes.
κ2021 Statutes of Nevada, Page 2708 (CHAPTER 417, SB 367)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 368A of NRS is hereby amended by adding thereto a new section to read as follows:
Governmental entity means:
1. The United States and any of its unincorporated agencies and instrumentalities;
2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;
3. The State of Nevada and any of its unincorporated agencies and instrumentalities; or
4. Any county, city, district or other political subdivision of this State.
Sec. 1.3. NRS 368A.010 is hereby amended to read as follows:
368A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 368A.020 to 368A.115, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 1.7. NRS 368A.200 is hereby amended to read as follows:
368A.200 1. Except as otherwise provided in this section, there is hereby imposed an excise tax on admission to any facility in this State where live entertainment is provided and on the charge for live entertainment provided by an escort at one or more locations in this State. The rate of the tax is:
(a) Except as otherwise provided in paragraph (b), for admission to a facility in this State where live entertainment is provided, 9 percent of the admission charge to the facility.
(b) For live entertainment provided by an escort who is escorting one or more persons at a location or locations in this State, 9 percent of the total amount, expressed in terms of money, of consideration paid for the live entertainment provided by the escort.
2. Amounts paid for:
(a) Admission charges collected and retained by a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or by a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, are not taxable pursuant to this section, only if the number of tickets to the live entertainment which are offered for sale or other distribution to patrons, either directly or indirectly through a partner, subsidiary, client, affiliate or other collaborator, is less than 7,500.
(b) Gratuities directly or indirectly remitted to persons employed at a facility where live entertainment is provided are not taxable pursuant to this section.
(c) Fees imposed, collected and retained by an independent financial institution in connection with the use of credit cards or debit cards to pay the admission charge to a facility where live entertainment is provided are not taxable pursuant to this section. As used in this paragraph, independent financial institution means a financial institution that is not the taxpayer or an owner or operator of the facility where the live entertainment is provided or an affiliate of any of those persons.
κ2021 Statutes of Nevada, Page 2709 (CHAPTER 417, SB 367)κ
financial institution means a financial institution that is not the taxpayer or an owner or operator of the facility where the live entertainment is provided or an affiliate of any of those persons.
3. The tax imposed by this section must be added to and collected from the purchaser at the time of purchase, whether or not the admission for live entertainment is purchased for resale. Each ticket for admission to a facility where live entertainment is provided must show on its face the admission charge or the seller of the admission shall prominently display a notice disclosing the admission charge at the box office or other place where the charge is made.
4. The tax imposed by subsection 1 does not apply to:
(a) Live entertainment that this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.
(b) Live entertainment that is governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS or is provided or sponsored by an elementary school, junior high school, middle school or high school, if only pupils or faculty provide the live entertainment.
(c) An athletic contest, event, tournament or exhibition provided by an institution of the Nevada System of Higher Education, if students of such an institution are contestants in the contest, event, tournament or exhibition.
(d) Live entertainment that is provided by or entirely for the benefit of a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, only if the number of tickets to the live entertainment which are offered for sale or other distribution to patrons, either directly or indirectly through a partner, subsidiary, client, affiliate or other collaborator, is less than 7,500.
(e) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(f) Live entertainment that is not provided at a licensed gaming establishment if the facility in which the live entertainment is provided has a maximum occupancy of less than 200 persons.
(g) Live entertainment that is provided at a licensed gaming establishment that is licensed for less than 51 slot machines, less than 6 games, or any combination of slot machines and games within those respective limits, if the facility in which the live entertainment is provided has a maximum occupancy of less than 200 persons.
(h) Live entertainment that is provided at a trade show.
(i) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.
(j) Live entertainment that is provided at a licensed gaming establishment at private meetings or dinners attended by members of a particular organization or by a casual assemblage if the purpose of the event is not primarily for entertainment.
(k) Live entertainment that is provided in the common area of a shopping mall, unless the entertainment is provided in a facility located within the mall.
(l) Food and product demonstrations provided at a shopping mall, a craft show or an establishment that sells grocery products, housewares, hardware or other supplies for the home.
κ2021 Statutes of Nevada, Page 2710 (CHAPTER 417, SB 367)κ
(m) Live entertainment that is incidental to an amusement ride, a motion simulator or a similar digital, electronic, mechanical or electromechanical attraction. For the purposes of this paragraph, live entertainment shall be deemed to be incidental to an amusement ride, a motion simulator or a similar digital, electronic, mechanical or electromechanical attraction if the live entertainment is:
(1) Not the predominant element of the attraction; and
(2) Not the primary purpose for which the public rides, attends or otherwise participates in the attraction.
(n) A race scheduled at a race track in this State and sanctioned by the National Association for Stock Car Auto Racing, if two or more such races are held at that race track during the same calendar year.
(o) An athletic contest, event or exhibition conducted by a professional team based in this State if the professional team based in this State is a participant in the contest, event or exhibition.
(p) Live entertainment that is provided by or entirely for the benefit of a governmental entity.
5. As used in this section:
(a) Affiliate has the meaning ascribed to it in NRS 463.0133.
(b) Maximum occupancy means, in the following order of priority:
(1) The maximum occupancy of the facility in which live entertainment is provided, as determined by the State Fire Marshal or the local governmental agency that has the authority to determine the maximum occupancy of the facility;
(2) If such a maximum occupancy has not been determined, the maximum occupancy of the facility designated in any permit required to be obtained in order to provide the live entertainment; or
(3) If such a permit does not designate the maximum occupancy of the facility, the actual seating capacity of the facility in which the live entertainment is provided.
(c) Operator includes, without limitation, a person who operates a facility where live entertainment is provided or who presents, produces or otherwise provides live entertainment.
Sec. 2. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2711κ
Senate Bill No. 377Committee on Health and Human Services
CHAPTER 418
[Approved: June 4, 2021]
AN ACT relating to protection of children; revising provisions relating to the funding of the adoption assistance program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law requires each child welfare agency to calculate savings realized from expanded eligibility for children under Title IV-E of the Social Security Act, known as adoption savings, and reinvest an equal amount in the states child welfare system. (42 U.S.C. § 673(a)(8)(D)(ii)) Under existing state law, the agency which provides child welfare services is: (1) the Division of Child and Family Services of the Department of Health and Human Services in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties); and (2) the county in a county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 432B.030) Money is appropriated each biennium to the Division of Child and Family Services to provide child welfare services in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties). (See, e.g., section 17 of chapter 544, Statutes of Nevada 2019, as amended by section 31 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 48) Existing law requires the Division of Child and Family Services to provide a categorical grant to each agency which provides child welfare services in a county whose population is 100,000 or more (currently Clark and Washoe Counties) for each fiscal year for its adoption assistance program to the extent that money was appropriated to the Division for this purpose. Under existing law, the use of the money from the grant is restricted solely to the costs associated with the adoption assistance program and any money remaining from the grant that has not been used or committed for expenditure by the agency by the end of the fiscal year reverts to the State General Fund. (NRS 432B.219) This bill provides that any money remaining from such a grant to the county, or an appropriation to the Division, for its adoption assistance program at the end of a fiscal year that is identified as savings pursuant to the calculation required under federal law does not revert to the State General Fund and must be carried forward to the next fiscal year for use by the county or the Division, as applicable, for the costs of providing child welfare services without restriction. Any such savings that is carried forward and is remaining at the end of that next fiscal year reverts to the State General Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
The portion of any money remaining at the end of a fiscal year from an appropriation to the Division of Child and Family Services for its adoption assistance program in a county whose population is less than 100,000 that is identified as savings pursuant to the calculation required under 42 U.S.C. § 673(a)(8)(D)(ii) does not revert to the State General Fund and may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction.
κ2021 Statutes of Nevada, Page 2712 (CHAPTER 418, SB 377)κ
may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction. Any such money identified as savings that has not been used or committed for expenditure by the Division by the end of the fiscal year to which the money was carried forward reverts to the State General Fund.
Sec. 2. NRS 432B.219 is hereby amended to read as follows:
432B.219 1. The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.
2. The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.
3. Except as otherwise provided in subsection 4:
(a) An agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program.
(b) Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year reverts to the State General Fund.
4. The portion of any money remaining at the end of a fiscal year from a grant awarded pursuant to subsection 1 that is identified as savings pursuant to the calculation required under 42 U.S.C. § 673(a)(8)(D)(ii) does not revert to the State General Fund and may be carried forward to the next fiscal year and used for any costs of providing child welfare services without restriction. Any such money identified as savings that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year to which the money was carried forward reverts to the State General Fund.
Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2713κ
Senate Bill No. 397Committee on Health and Human Services
CHAPTER 419
[Approved: June 4, 2021]
AN ACT relating to protection of children; requiring the Division of Child and Family Services of the Department of Health and Human Services to establish the Extended Young Adult Support Services Program to provide extended youth support services to certain persons between 18 and 21 years of age; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a child whom a court places with a person or entity other than a parent and who reaches 18 years of age to request the court to retain jurisdiction over the child until the child reaches the age of 21 years. If a court retains jurisdiction over a child in such circumstances, the child is required to enter into an agreement with the agency which provides child welfare services. Such an agreement is required to provide that the child is entitled to: (1) continue receiving services from the agency which provides child welfare services; and (2) receive monetary payments directly or to have such payments provided to another entity in an amount not to exceed the rate of payment for foster care. (NRS 432B.594) Existing law additionally requires the agency which provides child welfare services to develop a written plan to assist the child in transitioning into independent living. (NRS 432B.595) The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 allows states to receive federal Title IV-E reimbursement for costs associated with providing support services for persons to remain in foster care up to age 21. (Pub. L. No. 110-351)
Sections 23, 27 and 30 of this bill revise terminology so that a person who is between 18 and 21 years of age whose plan for permanent placement on his or her 18th birthday was a permanent living arrangement other than reunification with his or her parents is referred to as a young adult rather than a child. Section 24 of this bill provides that a young adult remains under the jurisdiction of the court until he or she reaches 21 years of age, but has the same ability to make decisions as an adult who is not subject to the jurisdiction of the court. Section 25 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to establish the Extended Young Adult Support Services Program to provide extended youth support services to young adults who would have been eligible previously to receive services upon electing to remain under the jurisdiction of the court. Section 25 also provides for reporting and the adoption of regulations relating to such a program. Section 34.5 of this bill requires the Division: (1) to consult with and solicit the input of certain stakeholders to develop a budgetary enhancement for the Division to implement the Extended Young Adult Support Services Program; and (2) to the extent federal or other funding is available, to request inclusion of the enhancement in the 2023-2025 proposed budget for the Executive Department of the State Government. Section 22 of this bill defines the term Program to refer to the Program, and section 28 of this bill provides that a person or governmental organization that provides services to a participant in the Program is not the custodian of that participant.
Existing law requires a court to refer a child who is 17 years of age and in the custody of an agency which provides welfare services to an attorney upon determining that the child is not likely to be returned to the custody of his or her parent before reaching the age of 18 years. (NRS 432B.592) Section 31 of this bill requires such an attorney to counsel the child concerning the legal consequences of remaining under the jurisdiction of the court, as required by section 24. Section 31 also requires the attorney to counsel the child concerning the legal consequences of participating in the Program and assist the child in deciding whether to participate.
κ2021 Statutes of Nevada, Page 2714 (CHAPTER 419, SB 397)κ
also requires the attorney to counsel the child concerning the legal consequences of participating in the Program and assist the child in deciding whether to participate. Section 32 of this bill requires the agency which provides child welfare services to provide information concerning the Program to such a child and determine whether the child intends to request to participate in the Program at least 120 days before the child reaches 18 years of age. Section 32 authorizes a young adult to decide to participate in the Program any time before his or her 21st birthday, notwithstanding any previous decision not to participate or to terminate participation.
Section 33 of this bill requires a participant in the Program to: (1) enter into a written agreement with the agency which provides child welfare services; and (2) be employed or enrolled in certain educational programs or programs to promote employment, if he or she is capable of doing so. Section 34 of this bill requires the agency which provides child welfare services to develop a written extended youth support services plan to assist a participant in the Program in transitioning to self-sufficiency, and section 33 requires the participant to make a good faith effort to achieve the goals set forth in the plan. Section 26 of this bill requires a court that has jurisdiction over a participant to hold an annual hearing to: (1) review the plan developed for the participant; and (2) determine whether the agency which provides child welfare services has made reasonable efforts to assist the participant in meeting the goals prescribed by the plan. Section 33 also sets forth the conditions under which participation in the Program may be terminated. Section 33 additionally provides that a participant in the Program is entitled to continue to: (1) receive services from the agency which provides child welfare services; and (2) receive monetary payments from that agency or have those payments provided to another entity. Section 33 provides that those monetary payments must be in an amount that is sufficient to assist the young adult to achieve self-sufficiency but does not exceed the rate of payment for foster care. Section 33 authorizes an agency which provides child welfare services or the attorney assigned to the case to request a hearing before the court to address any issue with a participant. Section 34 prescribes certain additional duties of an agency which provides child welfare services with respect to a participant in the Program. Sections 1-19 of this bill make various changes so that the provisions of Nevada Revised Statutes relating to a child who is in foster care are consistent and apply to a person who remains in foster care while participating in the Program in the same manner as a child in foster care who is less than 18 years of age.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:
Child means a person who is less than 18 years of age or who participates in the Extended Young Adult Support Services Program established pursuant to section 25 of this act.
Sec. 2. NRS 424.010 is hereby amended to read as follows:
424.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.011 to 424.018, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 424.013 is hereby amended to read as follows:
424.013 Family foster home means a family home in which one to six children [who are under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594 and] who are not related within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.
κ2021 Statutes of Nevada, Page 2715 (CHAPTER 419, SB 397)κ
includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.
Sec. 4. NRS 424.015 is hereby amended to read as follows:
424.015 Group foster home means a foster home which provides full-time care and services for 7 to 15 children who are:
1. [Under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
2.] Not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
[3.] 2. Received, cared for and maintained for compensation or otherwise, including the provision of free care.
Sec. 5. NRS 424.0153 is hereby amended to read as follows:
424.0153 Independent living foster home means a foster home which provides assistance with the transition to independent living for children who have entered into an agreement to transition to independent living and for children who:
1. Are at least 16 years of age ; [but less than 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;]
2. Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
3. Are received, cared for and maintained for compensation or otherwise, including the provision of free care.
Sec. 6. NRS 424.018 is hereby amended to read as follows:
424.018 Specialized foster home means a foster home which provides full-time care and services for one to six children who:
1. Require special care for physical, mental or emotional issues;
2. [Are under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;
3.] Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and
[4.] 3. Are received, cared for and maintained for compensation or otherwise, including the provision of free care.
Sec. 7. NRS 424.031 is hereby amended to read as follows:
424.031 1. The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
κ2021 Statutes of Nevada, Page 2716 (CHAPTER 419, SB 397)κ
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;
(i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a felony;
(l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or
(o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.
2. A licensing authority or a person or entity designated by the licensing authority may conduct an investigation of the background and personal history of a person who is 18 years of age or older who routinely supervises a child in a foster home in the same manner as described in subsection 1.
3. The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
4. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to subsection 1 shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.
5. The licensing authority or its designee:
(a) Shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation; and
(b) May conduct an investigation of any person who is 18 years of age or older who routinely supervises a child in a foster home at such times as it deems appropriate.
κ2021 Statutes of Nevada, Page 2717 (CHAPTER 419, SB 397)κ
Sec. 8. NRS 424.033 is hereby amended to read as follows:
424.033 1. Each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, resident of a foster home who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or a person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to subsection 2 of NRS 424.031, must submit to the licensing authority or its approved designee:
(a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031; and
(b) Written permission to conduct a child abuse and neglect screening.
2. For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.
3. The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
4. The Division shall assist the licensing authority of another state that is conducting a child abuse and neglect screening of a person who has resided in this State by providing information which is necessary to conduct the screening if the person who is the subject of the screening has signed a written permission authorizing the licensing authority to conduct a child abuse and neglect screening. The Division may charge a fee for providing such information in an amount which does not exceed the actual cost to the Division to provide the information.
5. When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.
6. Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been convicted of a crime listed in NRS 424.031.
7. The licensing authority shall immediately inform the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home whether an employee or resident of the foster home, or any other person who is 18 years of age or older who routinely supervises a child in the foster home for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031, has been convicted of a crime listed in NRS 424.031. The information provided to the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home must not include specific information relating to any such conviction, including, without limitation, the specific crime for which the person was convicted.
8. The licensing authority may deny an application for a license to operate a foster home or may suspend or revoke such a license if the licensing authority determines that the applicant or licensee has been convicted of a crime listed in NRS 424.031 or has failed to terminate an employee, remove a resident of the foster home who is 18 years of age or older or prevent a person for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031 from being present in the foster home, if such a person has been convicted of any crime listed in NRS 424.031.
κ2021 Statutes of Nevada, Page 2718 (CHAPTER 419, SB 397)κ
employee, remove a resident of the foster home who is 18 years of age or older or prevent a person for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031 from being present in the foster home, if such a person has been convicted of any crime listed in NRS 424.031.
Sec. 9. NRS 424.039 is hereby amended to read as follows:
424.039 1. A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.
2. Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.
3. If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.
Sec. 10. NRS 424.220 is hereby amended to read as follows:
424.220 1. A foster care agency which places children in an independent living foster home shall develop and implement written policies and procedures relating to children placed in independent living foster homes which must include, without limitation:
(a) A process for ensuring that a potential location for an independent living arrangement meets any standards required by the licensing authority and is evaluated on a regular basis to ensure that it continues to meet such standards;
(b) A procedure for approving a location for an independent living arrangement;
(c) Criteria and procedures for intake and admission into the independent living foster home and discharge from the independent living foster home, including, without limitation, procedures to ensure that the child will be discharged into the care of his or her legal guardian if he or she is less than 18 years of age at the time of his or her discharge;
κ2021 Statutes of Nevada, Page 2719 (CHAPTER 419, SB 397)κ
discharged into the care of his or her legal guardian if he or she is less than 18 years of age at the time of his or her discharge;
(d) The conditions under which a child may be discharged from the independent living foster home, including, without limitation, criteria and procedures for implementing an emergency discharge of the child;
(e) Criteria and procedures for terminating the approval of a location for an independent living arrangement;
(f) A detailed plan for determining and maintaining the supervision and visitation of each child after he or she has been placed in a location for an independent living arrangement; and
(g) The types of services that the provider of foster care will obtain or provide to meet the needs of the child during the placement.
2. A foster care agency which places children in an independent living foster home shall coordinate with the provider of foster care to:
(a) Ensure that each child is enrolled in academic, vocational education or career and technical education services appropriate to meet the needs of the child;
(b) Monitor the educational progress of each child as often as necessary;
(c) Assist each child in obtaining routine and emergency medical care and dental care;
(d) Evaluate the needs of each child for financial assistance upon intake and monthly thereafter or more often if necessary;
(e) Provide the resources to meet the basic needs of each child, including, without limitation, clothing, food and shelter;
(f) Provide assistance to each child in locating, securing and maintaining employment;
(g) Provide training in life skills to meet the needs of each child;
(h) Support each [child who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594;] section 25 of this act; and
(i) Obtain and provide a system for responding to a crisis that is accessible to the child 24 hours a day, 7 days a week, including holidays, and provide training to each child on how to access and use the system.
3. A foster care agency which places children in an independent living foster home shall provide an orientation and training to each child admitted to its program for independent living.
Sec. 11. NRS 432.010 is hereby amended to read as follows:
432.010 As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:
1. Administrator means the Administrator of the Division.
2. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
3. Child means a person who is less than 18 years of age or who [remains under the jurisdiction of a court] participates in the Extended Young Adult Support Services Program pursuant to [NRS 432B.594.] section 25 of this act.
4. Department means the Department of Health and Human Services.
5. Director means the Director of the Department.
6. Division means the Division of Child and Family Services of the Department.
κ2021 Statutes of Nevada, Page 2720 (CHAPTER 419, SB 397)κ
7. Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.
8. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
Sec. 12. NRS 432.0395 is hereby amended to read as follows:
432.0395 1. Before an agency which provides child welfare services requests and examines a copy of any credit report pursuant to subsection 2, the agency which provides child welfare services shall, to the greatest extent practicable:
(a) Inform the child of the requirement to request and examine a copy of any credit report that may exist for the child;
(b) Explain to the child the process for resolving any inaccuracy discovered on any such credit report; and
(c) Explain to the child the possible consequences of an inaccuracy on a credit report of the child.
2. An agency which provides child welfare services shall request and examine a copy of any credit report that may exist for each child who remains in the custody of the agency which provides child welfare services for 60 or more consecutive days:
(a) When the child reaches the age of 14 years, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I); or
(b) If the child has reached the age of 14 years before the child is placed in the custody of the agency which provides child welfare services, within 90 days after the placement of the child in the custody of the agency which provides child welfare services, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I).
3. An agency which provides child welfare services shall determine from the examination of a credit report pursuant to this section whether the credit report contains inaccurate information and whether the credit report indicates that identity theft or any other crime has been committed against the child.
4. If the agency which provides child welfare services determines that an inaccuracy exists in the credit report of a child, the agency which provides child welfare services must:
(a) Report any information which may indicate identity theft or other crime to the Attorney General;
(b) Make a diligent effort to resolve the inaccuracy as soon as practicable; and
(c) If an inaccuracy remains unresolved after the child has left the custody of the agency which provides child welfare services, notify the child or, if the child has not attained the age of majority, the person responsible for the childs welfare:
(1) That an inaccuracy exists in the credit report of the child;
(2) Of the manner in which to correct the inaccuracy; and
(3) Of any services that may be available in the community to provide assistance in correcting the inaccuracy.
5. An agency which provides child welfare services may, upon consent of a child who [remains under the jurisdiction of a court] participates in the Extended Young Adult Support Services Program pursuant to [NRS 432B.594,] section 25 of this act, continue to request and examine a credit report of the child and provide assistance to the child if an inaccuracy is discovered.
κ2021 Statutes of Nevada, Page 2721 (CHAPTER 419, SB 397)κ
[NRS 432B.594,] section 25 of this act, continue to request and examine a credit report of the child and provide assistance to the child if an inaccuracy is discovered.
6. The Attorney General may investigate each potential instance of identity theft or crime reported pursuant to subsection 4 and prosecute in accordance with law each person responsible for any identity theft identified in the investigation.
Sec. 13. NRS 432A.0245 is hereby amended to read as follows:
432A.0245 1. Child care institution means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:
(a) Education to the children according to a curriculum approved by the Department of Education;
(b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or
(c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.
2. As used in this section, child includes a person who is less than 18 years of age or who [remains under the jurisdiction of a court] participates in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594.] section 25 of this act.
Sec. 14. NRS 432A.160 is hereby amended to read as follows:
432A.160 1. Except as otherwise provided in this section, the Division may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:
(a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the Division determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;
(b) Has failed to comply with the standards and other regulations, if the Division determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time; or
(c) Is in the process of applying for a license, if the Division determines that the facility requires a reasonable time within which to comply with the standards and other regulations.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the Division from refusing to renew or from revoking or suspending any license in any instance where the Division considers that action necessary for the health and safety of the occupants of any facility or the clients of any outdoor youth program.
3. A provisional license must not be issued pursuant to this section unless the Division has completed an investigation into the qualifications and background of the applicant and the employees of the applicant pursuant to NRS 432A.170 to ensure that the applicant and each employee of the applicant, or every resident of the child care facility who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him or her.
κ2021 Statutes of Nevada, Page 2722 (CHAPTER 419, SB 397)κ
participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him or her.
Sec. 15. NRS 432A.170 is hereby amended to read as follows:
432A.170 1. The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:
(a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;
(b) Qualifications and background of the applicant or the employees of the applicant;
(c) Method of operation for the facility; and
(d) Policies and purposes of the applicant.
2. Subject to the provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use of a firearm or other deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(e) Any crime against a child, including, without limitation, abuse, neglect or endangerment of a child, contributory delinquency or pornography involving a minor;
(f) Arson;
(g) Assault;
(h) Battery, including, without limitation, battery which constitutes domestic violence;
(i) Kidnapping;
(j) Any offense relating to the possession or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;
(k) Any offense relating to the distribution or manufacture of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, including, without limitation, possession of a controlled substance for the purpose of sale;
(l) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(m) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;
κ2021 Statutes of Nevada, Page 2723 (CHAPTER 419, SB 397)κ
(n) A crime that constitutes domestic violence pursuant to NRS 33.018;
(o) A violation of NRS 484C.430; or
(p) A violation of NRS 484C.110 or 484C.120 within the immediately preceding 5 years.
3. Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, from:
(a) The Central Repository for Nevada Records of Criminal History for its report concerning a conviction in this State of any of the crimes set forth in subsection 2 and for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175; and
(b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.
4. The Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
5. The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:
(a) Employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older for an initial background check not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program and before the employee, resident or participant has direct contact with any child at the child care facility, and then at least once every 5 years thereafter.
(b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.
(c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.
6. A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation of the background and personal history of the person has been conducted.
7. The provisions of subsections 2, 3 and 5 apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.
κ2021 Statutes of Nevada, Page 2724 (CHAPTER 419, SB 397)κ
Sec. 16. NRS 432A.175 is hereby amended to read as follows:
432A.175 1. Subject to the provisions of subsection 2:
(a) Every applicant for a license to operate a child care facility, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:
(1) Complete set of fingerprints and a written authorization for the Division or its designee to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report and for submission to the Federal Bureau of Investigation for its report;
(2) Written statement detailing any prior criminal convictions; and
(3) Written authorization for the Division to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.
(b) If an employee of an applicant for a license to operate a child care facility, licensee or small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant, licensee or small child care establishment who shall then comply with the provisions of NRS 432A.1755.
(c) An applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.
(d) An employee of an applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shall notify the applicant, licensee or operator not later than 24 hours after:
(1) Being charged with or convicted of a crime listed in subsection 2 of NRS 432A.170;
(2) Receiving notice that he or she is the subject of an investigation for child abuse or neglect; or
(3) Receiving notice that a report of abuse or neglect has been substantiated against him or her.
(e) A resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older shall notify the licensee of the child care facility, operator of the small child care establishment or outdoor youth program, as applicable, not later than 24 hours after:
κ2021 Statutes of Nevada, Page 2725 (CHAPTER 419, SB 397)κ
jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older shall notify the licensee of the child care facility, operator of the small child care establishment or outdoor youth program, as applicable, not later than 24 hours after:
(1) Being charged with or convicted of a crime listed in paragraph (b);
(2) Receiving notice that he or she is the subject of an investigation for child abuse or neglect; or
(3) Receiving notice that a report of abuse or neglect has been substantiated against him or her.
(f) An applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shall notify the Division within 2 days after receiving notice that:
(1) The applicant, licensee or operator, an employee of the applicant, licensee or small child care establishment, a resident of the child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, or a facility, establishment or program operated by the applicant, licensee or operator is the subject of a lawsuit or any disciplinary proceeding; or
(2) The applicant, licensee or operator or an employee, a resident or a participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.
2. The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.
3. The Division shall adopt regulations to establish civil penalties to be imposed against any person, state or local government unit or agency thereof that fails to comply with the requirements of this section.
Sec. 17. NRS 432A.1755 is hereby amended to read as follows:
432A.1755 1. Subject to the provisions of subsection 2:
(a) Except as otherwise provided in paragraph (c), upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or from an employee of an applicant for a license to operate a child care facility, a licensee or a small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older or from any other source that such an employee, resident or participant has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant, licensee or operator of the small child care establishment shall terminate the employment of the employee or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to paragraph (b).
κ2021 Statutes of Nevada, Page 2726 (CHAPTER 419, SB 397)κ
care establishment shall terminate the employment of the employee or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to paragraph (b).
(b) If an employee, resident or participant believes that the information provided to the applicant, licensee or operator pursuant to paragraph (a) is incorrect, the employee, resident or participant must inform the applicant, licensee or operator immediately. The applicant, licensee or operator shall give any such employee, resident or participant 30 days to correct the information.
(c) The Division may establish by regulation a process by which it may review evidence upon request to determine whether an employee of an applicant for a license to operate a child care facility, a licensee or operator of a small child care establishment, a resident of a child care facility who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or a participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her may remain employed or continue to reside in the facility or establishment, as applicable, despite the conviction. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. § 2000e et seq.
(d) If a process for review is established pursuant to paragraph (c), an employee, resident or participant, as applicable, may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.
(e) During any period in which an employee, resident or participant seeks to correct information pursuant to paragraph (b) or requests a review of information pursuant to paragraph (d), it is within the discretion of the applicant, licensee or operator whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or small child care establishment or participate in the outdoor youth program, as applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.
2. The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.
3. The Division shall adopt regulations to establish civil penalties to be imposed against any person, state or local government unit or agency thereof that fails to comply with the requirements of this section.
Sec. 18. NRS 432A.1785 is hereby amended to read as follows:
432A.1785 1. Subject to the provisions of subsection 3, each applicant for a license to operate a child care facility, licensee and operator of a small child care establishment shall maintain records of the information concerning employees of the child care facility or small child care establishment and any residents of the child care facility or small child care establishment who are 18 years of age or older, other than [residents who remain under the jurisdiction of a court] participants in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:
κ2021 Statutes of Nevada, Page 2727 (CHAPTER 419, SB 397)κ
Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:
(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History;
(b) Proof that the applicant, licensee or operator submitted fingerprints to the Central Repository for Nevada Records of Criminal History; and
(c) The written authorization to obtain information from the Central Repository and the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employees employment with or the residents presence at the child care facility or small child care establishment or the participants presence in the outdoor youth program; and
(b) Made available for inspection by the Division at any reasonable time and copies thereof must be furnished to the Division upon request.
3. The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.
Sec. 19. NRS 432A.190 is hereby amended to read as follows:
432A.190 1. The Division may deny an application for a license to operate a child care facility or may suspend or revoke such a license upon any of the following grounds:
(a) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.
(e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.
(f) Failure to comply with the provisions of NRS 432A.178.
(g) Substantiation of a report of child abuse or neglect made against the applicant or licensee.
(h) Conduct which is found to pose a threat to the health or welfare of a child or which demonstrates that the applicant or licensee is otherwise unfit to work with children.
(i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.
κ2021 Statutes of Nevada, Page 2728 (CHAPTER 419, SB 397)κ
participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a child care facility pursuant to subsection 2. The Division shall provide to a child care facility:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 432A.178.
4. In addition to any other disciplinary action, the Division may impose an administrative fine for a violation of any provision of this chapter or any regulation adopted pursuant thereto. The Division shall afford to any person so fined an opportunity for a hearing. Any money collected for the imposition of such a fine must be credited to the State General Fund.
Sec. 20. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 26, inclusive, of this act.
Sec. 21. As used in NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 432B.591 and sections 22 and 23 of this act have the meanings ascribed to them in those sections.
Sec. 22. Program means the Extended Young Adult Support Services Program established pursuant to section 25 of this act.
Sec. 23. Young adult means a person who is at least 18 years of age but less than 21 years of age and whose plan for permanent placement adopted pursuant to NRS 432B.553 was, on his or her 18th birthday, a permanent living arrangement other than reunification with his or her parents.
Sec. 24. 1. A court shall retain jurisdiction over a young adult until the young adult reaches 21 years of age.
2. While under the jurisdiction of the court, a young adult has the same authority to make decisions as a person who is over 18 years of age and who is not subject to the jurisdiction of the court.
Sec. 25. 1. The Division of Child and Family Services shall establish and administer the Extended Young Adult Support Services Program to provide extended support services to young adults pursuant to the provisions of NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act and the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub.
κ2021 Statutes of Nevada, Page 2729 (CHAPTER 419, SB 397)κ
Program to provide extended support services to young adults pursuant to the provisions of NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act and the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351, 42 U.S.C. § 675.
2. On or before September 1 of each year, the Division of Child and Family Services shall submit a report regarding the Program, including, without limitation, the number of participants and the costs for providing the extended support services, for submittal to:
(a) The Interim Finance Committee if the report is received during an odd-numbered year; or
(b) The next regular session of the Legislature if the report is received during an even-numbered year.
3. The Division of Child and Family Services shall adopt regulations governing the Program. Such regulations, must, without limitation, ensure that the Program complies with the Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351, 42 U.S.C. § 675.
Sec. 26. 1. Except as otherwise provided in subsection 4, the court shall, within 12 months after the date on which a participant entered into a written agreement pursuant to NRS 432B.594 and each year thereafter, hold a hearing to:
(a) Review the plan developed pursuant to NRS 432B.595; and
(b) Determine whether the agency which provides child welfare services has made reasonable efforts to assist the participant in meeting the goals prescribed in the plan.
2. Except as otherwise provided in this subsection, notice of the hearing must be given by regular or certified mail. Notice may be given to the participant or his or her attorney by electronic mail if the participant or his or her attorney, as applicable, agrees to receive notice in this manner.
3. Unless required by the court or panel, the young adult is not required to be present at the hearing.
4. The court may enter an order directing the hearing required by this section be conducted by a panel of three or more persons appointed by mutual consent of the judge or judges of the court. The persons so appointed shall serve without compensation at the pleasure of the court.
Sec. 27. NRS 432B.040 is hereby amended to read as follows:
432B.040 Child means a person under the age of 18 years or, if in school, until graduation from high school. [The term does not include a child who remains under the jurisdiction of the court pursuant to NRS 432B.594.]
Sec. 28. NRS 432B.060 is hereby amended to read as follows:
432B.060 Custodian means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child. The term does not include a person or governmental organization who continues to provide services to a [child that remains under the jurisdiction of a court pursuant to NRS 432B.594.] participant in the Extended Young Adult Support Services Program established pursuant to section 25 of this act.
Sec. 29. NRS 432B.391 is hereby amended to read as follows:
432B.391 1. An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.
κ2021 Statutes of Nevada, Page 2730 (CHAPTER 419, SB 397)κ
agency which provides child welfare services wishes to place a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.
2. Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, must submit to the agency which provides child welfare services or its approved designee a complete set of fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.
3. If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.
Sec. 30. NRS 432B.591 is hereby amended to read as follows:
432B.591 [As used in NRS 432B.591 to 432B.595, inclusive, child] Child means a person who is [:
1. Under] under the age of 18 years . [; and
2. Over the age of 18 years and who remains under the jurisdiction of the court pursuant to NRS 432B.594.]
Sec. 31. NRS 432B.592 is hereby amended to read as follows:
432B.592 1. A court shall refer a child who is in the custody of an agency which provides child welfare services to an attorney in the county who provides legal services without a charge to abused or neglected children if the court determines that the child:
(a) Has reached the age of 17 years; and
(b) Is not likely to be returned to the custody of his or her parent before reaching the age of 18 years.
2. The court shall request the attorney to whom such a child is referred to [counsel] :
(a) Counsel the child regarding the legal consequences of [remaining] :
(1) Remaining under the jurisdiction of the court [after reaching 18 years of age] pursuant to section 24 of this act, regardless of whether the child elects to participate in the Program; and
(2) Participating in the Program; and [assist]
κ2021 Statutes of Nevada, Page 2731 (CHAPTER 419, SB 397)κ
(b) Assist the child in deciding whether to [remain under the jurisdiction of the court.] participate in the Program.
Sec. 32. NRS 432B.593 is hereby amended to read as follows:
432B.593 1. At least 120 days before the date on which a child who is in the custody of an agency which provides child welfare services reaches the age of 18 years, the agency which provides child welfare services shall meet with the child to [determine] :
(a) Provide information to the child regarding the Program, including, without limitation, eligibility requirements for participation in the Program and extended young adult support services available to participants in the Program; and
(b) Determine whether the child intends to request [that the court retain jurisdiction over the child pursuant to NRS 432B.594 after the child reaches the age of 18 years.] to participate in the Program.
2. [If the child indicates during the meeting held pursuant to subsection 1 that the child does not intend to request that the court retain jurisdiction over the child, the agency which provides child welfare services shall recommend that the court terminate jurisdiction over the child when the child reaches the age of 18 years.
3.] Notwithstanding a determination made by a child during a meeting held pursuant to subsection 1, and notwithstanding any previous decision to terminate participation in the Program, any time before reaching the age of [18] 21 years, [the child] a young adult may [:
(a) Inform the agency which provides child welfare services that the child intends to request that the court continue jurisdiction over the child pursuant to NRS 432B.594, and the agency shall revise its recommendation to the court accordingly; or
(b) Request that the court retain jurisdiction over the child pursuant to NRS 432B.594, and the court shall accept jurisdiction.] request to participate in the Program.
3. The agency which provided child welfare services to a young adult before his or her 18th birthday:
(a) Shall, upon the request of the young adult to participate in the Program made on or after his or her 18th birthday, assist the young adult to enroll in the Program.
(b) May refer the young adult to an attorney who provides legal services without a charge to assist the young adult to enroll in the Program.
4. A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of 18 years to allow the child to live independently is not prohibited from [requesting that the court retain jurisdiction over the child pursuant to NRS 432B.594,] electing to participate in the Program, and [such a child is] would be entitled to the same rights and protections set forth in NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act, as provided to any other [child.] young adult under the Program.
Sec. 33. NRS 432B.594 is hereby amended to read as follows:
432B.594 1. [A court which orders a child to be placed other than with a parent and which has jurisdiction over the child when the child reaches the age of 18 years shall retain jurisdiction over the child if the child so requests.] To be eligible to participate in the Program, a young adult must:
κ2021 Statutes of Nevada, Page 2732 (CHAPTER 419, SB 397)κ
(a) Enter into a written agreement with the agency that provides child welfare services that satisfies the requirements prescribed in subsection 3;
(b) Be:
(1) Enrolled in a program of secondary education or an educational program leading to a general educational development certificate or an equivalent document;
(2) Enrolled in a program of postsecondary or vocational education;
(3) Enrolled or participating in a program or activity designed to promote employment or remove obstacles to employment;
(4) Employed at least 80 hours per month; or
(5) Incapable of satisfying any of the requirements prescribed in paragraphs (1) to (4), inclusive, due to a documented medical or cognitive condition; and
(c) Make a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595.
2. Except as otherwise provided in this section, [jurisdiction over a child that is retained pursuant to subsection 1 continues] a young adult may continue to participate in the Program until:
(a) The agency which provides child welfare services, the [child] young adult and the attorney of the [child] young adult agree to terminate [the jurisdiction;] participation in the Program;
(b) The court determines that:
(1) The [child] young adult has achieved the goals set forth in the plan developed pursuant to NRS 432B.595;
(2) The [child] young adult is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or
(3) The circumstances of the [child] young adult have changed in such a manner that it is infeasible for the [child] young adult to achieve the goals set forth in the plan developed pursuant to NRS 432B.595;
(c) The [child] young adult requests that [jurisdiction] participation in the Program be terminated; or
(d) The [child] young adult reaches the age of 21 years,
Κ whichever occurs first.
3. [If the court that retains jurisdiction over a child pursuant to this section transfers jurisdiction to another court in this State, the court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.
4. A child who requests that the court retain jurisdiction over the child pursuant to this section must, upon reaching the age of 18 years, enter into a] The written agreement [with the agency which provides child welfare services. The agreement, which] to participate in the Program required by subsection 1 must be filed with the court [,] and must include, without limitation, [the following] provisions [,] which [must] specify that:
(a) The [child] young adult voluntarily requested [that the court retain jurisdiction over the child;] to participate in the Program;
(b) While [under the jurisdiction of the court,] participating in the Program, the [child] young adult is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments [directly or to have such payments provided to another entity as designated] in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not [to] exceed the rate of payment for foster care;
κ2021 Statutes of Nevada, Page 2733 (CHAPTER 419, SB 397)κ
pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not [to] exceed the rate of payment for foster care;
(c) While [under the jurisdiction of the court,] participating in the Program, the [child] young adult will no longer be under the legal custody of the agency which provides child welfare services, and [the] any proceedings [concerning the child] conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;
(d) The [child] young adult may, at any time, request that [jurisdiction over the child] his or her participation in the Program be terminated; and
(e) If there is an issue concerning the [child while under the jurisdiction of the court, the child] participant, the participant and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.
[5.] 4. If an issue arises concerning a [child who remains under the jurisdiction of the court, the child,] participant, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the [child] participant and the agency which provides child welfare services must attempt to resolve the issue.
[6.] 5. If the agency which provides child welfare services wishes to [have the court] terminate [jurisdiction over] the [child,] participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the [child] participant and [the] his or her attorney [of the child informing the child and the attorney of the child] that the [child] participant has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the [child] participant or the attorney of the [child] participant may request a hearing before the court pursuant to subsection [5.] 4. If the [child] young adult and the attorney of the [child] young adult agree to [have jurisdiction terminated] terminate participation or do not request an informal administrative review, [the jurisdiction of the court] participation in the Program must terminate upon notice to the court by the agency which provides child welfare services.
[7.] 6. A [child, while under the jurisdiction of the court pursuant to this section,] participant is entitled to continue to receive services and monetary payments from the agency which provides child welfare services [directly or to have such payments provided to another person or entity as designated] in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not [to] exceed the rate of payment for foster care.
[8.] 7. The court may issue any order which it deems appropriate or necessary to ensure:
(a) That the agency which provides child welfare services provides the services and monetary payments which the [child] participant is entitled to receive [;] as prescribed by the plan developed pursuant to NRS 432B.595; and
(b) That the [child who remains under the jurisdiction of the court] participant is working towards achieving the goals of the plan developed pursuant to NRS 432B.595.
κ2021 Statutes of Nevada, Page 2734 (CHAPTER 419, SB 397)κ
Sec. 34. NRS 432B.595 is hereby amended to read as follows:
432B.595 1. [If the court retains jurisdiction over a child pursuant to NRS 432B.594,] Upon the request of a young adult who satisfies the requirements of subsection 1 of NRS 432B.594 to participate in the Program, the agency which provides child welfare services shall develop a written extended youth support services plan to assist the [child] young adult in transitioning to [independent living.] self-sufficiency. Such a plan must include, without limitation [, the following goals:] :
(a) The persons or entities that will receive payments from the agency which provides child welfare services and the manner in which such payments will be allocated. The agency which provides child welfare services may make payments to more than one person or entity authorized to receive payments pursuant to subsection 2.
(b) The goals set forth in subsection 3.
2. The plan developed pursuant to subsection 1 may provide for the agency which provides child welfare services to make direct payments to:
(a) A foster home.
(b) A qualified residential treatment program.
(c) A child care institution.
(d) A person or entity, including, without limitation, a relative or fictive kin, who provides a supervised arrangement for independent living where the participant resides.
(e) A landlord, property manager or other entity that collects rental payments for housing.
(f) A participant.
(g) Any combination of the persons or entities listed in paragraphs (a) to (g), inclusive.
3. The plan developed pursuant to subsection 1 must include, without limitation, the following goals:
(a) That the [child] young adult save enough money to pay for his or her monthly expenses for at least 3 months;
(b) If the child has not graduated from high school or obtained a general equivalency diploma or an equivalent document, that the [child remain enrolled in high school or a program to] young adult obtain a high school diploma or general equivalency diploma ; [or an equivalent document until graduation or completion of the program;]
(c) If the [child] young adult has graduated from high school or obtained a general equivalency diploma or an equivalent document, that the [child:] young adult:
(1) [Enroll in] Complete a program of postsecondary or vocational education;
(2) [Enroll or participate in] Complete a program or activity designed to promote employment or remove obstacles to employment; or
(3) [Obtain or actively seek employment which is] Be employed at least 80 hours per month;
(d) That the [child] young adult secure housing;
(e) That the [child] young adult have adequate income to meet his or her monthly expenses;
(f) That the [child] young adult identify an adult who will be available to provide support to the [child;] young adult; and
κ2021 Statutes of Nevada, Page 2735 (CHAPTER 419, SB 397)κ
(g) If applicable, that the [child] young adult have established appropriate supportive services to address any mental health or developmental needs of the [child; and
(h)] young adult.
4. If a [child] young adult is not capable of achieving one or more of the goals set forth in paragraphs (a) to (g), inclusive, that the [child] young adult have goals which are appropriate for the [child] young adult based upon the needs of the [child.
2. During the period in which the court retains jurisdiction over the child, the] young adult.
5. Based upon the needs of a participant, the agency which provides child welfare services may, at any time, after consulting with the participant, revise:
(a) The persons or entities to whom a payment is made pursuant to subsection 2.
(b) The manner in which payments are allocated between persons or entities to whom payments are made pursuant to subsection 2.
6. The plan developed pursuant to subsection 1 must be annually reviewed and mutually agreed upon by the young adult and the agency which provides child welfare services at the hearing required by section 26 of this act.
7. The agency which provides child welfare services shall:
(a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;
(b) Contact the [child] young adult by telephone at least once each month and in person at least quarterly;
(c) Ensure that the [child] young adult meets with a person who will provide guidance to the child and make the child aware of the services which will be available to the [child;] young adult; and
(d) Conduct a meeting with the [child] young adult at least 30 days, but not more than 45 days, before [the jurisdiction of the court is terminated] he or she reaches the age of 21 years to determine whether the [child] young adult requires any additional guidance.
8. As used in this section:
(a) Child care institution has the meaning ascribed to it in NRS 432A.0245.
(b) Foster home has the meaning ascribed to it in NRS 424.014.
(c) Qualified residential treatment program has the meaning ascribed to it in 42 U.S.C. § 672.
Sec. 34.5. The Division of Child and Family Services of the Department of Health and Human Services shall:
1. Consult with and solicit the input of agencies which provide child welfare services, as defined in NRS 432B.030, nonprofit organizations, persons with expertise in issues concerning child welfare and other interested stakeholders to develop a budgetary enhancement for the Division to implement the Extended Young Adult Support Services Program established pursuant to section 25 of this act; and
2. To the extent federal or other funding is available, request the inclusion of the enhancement in the proposed budget for the 2023-2025 biennium for the Executive Department of the State Government.
κ2021 Statutes of Nevada, Page 2736 (CHAPTER 419, SB 397)κ
Sec. 35. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 36. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 37. 1. This section and sections 34.5 and 36 of this act become effective upon passage and approval.
2. Sections 1 to 34, inclusive, and 35 of this act become effective on January 1, 2024.
________
Senate Bill No. 436Committee on Finance
CHAPTER 420
[Approved: June 4, 2021]
AN ACT relating to administrative assessments; repealing the prospective expiration of a provision revising the distribution of certain money collected from certain administrative assessments; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who pleads or is found guilty or guilty but mentally ill of a misdemeanor is required to pay an administrative assessment in addition to any other penalty imposed by the court. A portion of the money collected from such administrative assessments is required to be deposited in the State General Fund and distributed to the Office of Court Administrator to be allocated for certain prescribed uses. (NRS 176.059) During the 2019 Legislative Session, the Legislature: (1) revised the distribution of certain money collected from such administrative assessments that the Office of Court Administrator is required to allocate for certain uses; and (2) provided that the change expires by limitation on June 30, 2021. (Chapter 541, Statutes of Nevada 2019, at page 3304) This bill repeals the prospective expiration of that provision, thereby making the change permanent.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 541, Statutes of Nevada 2019, at page 3304, is hereby amended to read as follows:
Sec. 2. This act becomes effective on July 1, 2019 . [, and expires by limitation on June 30, 2021.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2737 (CHAPTER 420, SB 436)κ
EMERGENCY REQUEST of Senate Majority Leader
Senate Bill No. 455Senator Cannizzaro
CHAPTER 421
[Approved: June 4, 2021]
AN ACT relating to radiation; revising the qualifications to perform computed tomography and fluoroscopy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits, in general, a person from performing computed tomography unless he or she holds a license issued by the Division of Public and Behavioral Health of the Department of Health and Human Services to engage in radiation therapy and radiologic imaging and is certified by: (1) the American Registry of Radiologic Technologists in nuclear medicine technology, radiation therapy or computed tomography; or (2) the Nuclear Medicine Technology Certification Board in nuclear medicine or computed tomography. (NRS 653.630) Section 1 of this bill requires a person who is certified in nuclear medicine technology, radiation therapy or nuclear medicine to additionally have received training approved by the Division. Section 1 also authorizes the holder of a license to engage in radiation therapy and radiologic imaging to perform computed tomography if he or she has completed other appropriate training approved by the Division or holds another appropriate credential approved by the Division.
Existing law prohibits, in general, a person from performing fluoroscopy unless he or she: (1) holds a license to engage in radiation therapy and radiologic imaging issued by the Division; and (2) is certified by the American Registry of Radiologic Technologists to practice in radiation therapy. (NRS 653.640) Section 2 of this bill additionally authorizes the holder of such a license to perform fluoroscopy if he or she is certified by the American Registry of Radiologic Technologists to practice in the area of radiography or has completed other appropriate training or holds another appropriate credential approved by the Division.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 653.630 is hereby amended to read as follows:
653.630 1. A person shall not perform computed tomography except as authorized by this section and NRS 653.620.
2. Except as otherwise provided in this section, a holder of a license may only perform computed tomography within his or her scope of practice, as authorized by the regulations adopted pursuant to NRS 653.460, if he or she [is] :
(a) Is certified by [:
(a) The] the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of nuclear medicine technology or radiation therapy [; or] and has received training approved by the Division as being sufficient to enable the holder of the license to properly perform computed tomography;
κ2021 Statutes of Nevada, Page 2738 (CHAPTER 421, SB 455)κ
(b) [The] Is certified by the Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine [.] and has received training approved by the Division as being sufficient to enable the holder of the license to properly perform computed tomography; or
(c) Has completed other appropriate training or holds another appropriate credential approved by the Division.
3. A holder of a license who is certified by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography may perform computed tomography.
4. A holder of a license who does not satisfy the requirements of subsection 2 or 3 may perform computed tomography if he or she:
(a) Performs computed tomography to qualify for certification by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography; and
(b) Registers with the Division before performing computed tomography.
5. A person who performs computed tomography in violation of this section is guilty of a misdemeanor.
Sec. 2. NRS 653.640 is hereby amended to read as follows:
653.640 1. A person shall not perform fluoroscopy except as authorized in this section and NRS 653.620.
2. A holder of a license may perform fluoroscopy:
(a) If he or she is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiation therapy [;] or radiography or has completed other appropriate training or holds another appropriate credential approved by the Division;
(b) Only within the scope of his or her practice; and
(c) Only to the extent authorized by the regulations adopted pursuant to NRS 653.460.
3. A person who performs fluoroscopy in violation of this section is guilty of a misdemeanor.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2739κ
Senate Bill No. 446Committee on Finance
CHAPTER 422
[Approved: June 4, 2021]
AN ACT relating to education; removing the Office of the Western Regional Education Compact from the Office of the Governor; revising provisions relating to the administration of the Office; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the execution of the Western Regional Education Compact for the purpose of the State of Nevada cooperating with other western states in the formation of the Western Interstate Commission for Higher Education. (NRS 397.010) Under the terms of the Compact, Nevada residents may participate in programs that provide financial support to assist them in obtaining technical, graduate or professional education at institutions located within the states and territories that are signatories to the Compact. (NRS 397.020) The Compact creates the Western Interstate Commission for Higher Education, consisting of three Commissioners from each state or territory that is a signatory to the Compact. (NRS 397.020, 397.030) In furtherance of the Compact, the Office of the Western Regional Education Compact is created under existing law within the Office of the Governor and the Governor is required to appoint a Director of the Office. (NRS 223.700) Sections 1, 2 and 4 of this bill remove the Office of the Western Regional Education Compact from within the Office of the Governor. Section 2 also changes the appointing authority for the Director of the Office from the Governor to the three Nevada State Commissioners, acting jointly. Section 3 of this bill provides that on July 1, 2021, the person serving as the Director of the Office of the Western Regional Education Compact within the Office of the Governor on June 30, 2021, continues to serve as the Director of the Office and serves at the pleasure of the three Nevada State Commissioners.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.085 is hereby amended to read as follows:
223.085 1. The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, [the Office of the Western Regional Education Compact,] the Office of Workforce Innovation and the Governors mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.
2. Except as otherwise provided by specific statute, the Governor shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
3. The Governor may:
κ2021 Statutes of Nevada, Page 2740 (CHAPTER 422, SB 446)κ
(a) Appoint a Chief Information Officer of the State; or
(b) Designate the Administrator as the Chief Information Officer of the State.
Κ If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.
4. As used in this section, Administrator means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.
Sec. 2. NRS 397.030 is hereby amended to read as follows:
397.030 1. In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor to serve in the Office of the Western Regional Education Compact , which is hereby created . [by NRS 223.700.]
2. The qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his or her successor is appointed and qualified, but the successors term expires 4 years after the legal date of expiration of the term of his or her predecessor.
3. Any Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.
4. The term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.
5. The three Nevada State Commissioners, acting jointly, shall appoint a Director of the Office. The Director serves at the pleasure of the three Nevada State Commissioners.
6. The three Nevada State Commissioners, acting jointly, may:
(a) Adopt regulations as necessary to carry out the provisions of this chapter; and
(b) At a meeting held in accordance with the provisions of chapter 241 of NRS, delegate to an officer or employee of the Nevada Office of the Western Interstate Commission for Higher Education the authority to undertake any actions authorized or required by the provisions of this chapter, except that any agreement that will be binding on the Commission must be approved by the Commission.
Sec. 3. Notwithstanding any provision of this act, the person serving as the Director of the Office of the Western Regional Education Compact on June 30, 2021, becomes the Director of the Office of the Western Regional Education Compact created by NRS 397.030, as amended by section 2 of this act, on July 1, 2021, and serves at the pleasure of the three Nevada State Commissioners appointed pursuant to NRS 397.030, as amended by section 2 of this act.
Sec. 4. NRS 223.700 is hereby repealed.
Sec. 5. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2741κ
Senate Bill No. 447Committee on Finance
CHAPTER 423
[Approved: June 4, 2021]
AN ACT relating to deceptive trade practices; eliminating the Consumer Affairs Division of the Department of Business and Industry and making the temporary Consumer Affairs Unit created in the Department permanent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2009 Legislative Session, the Consumer Affairs Division of the Department of Business and Industry and the position of the Commissioner of Consumer Affairs were temporarily eliminated and their powers and duties were permanently transferred to other agencies or temporarily eliminated or transferred to other agencies. The powers and duties of the Consumer Affairs Division and the Commissioner of Consumer Affairs were permanently transferred to: (1) the Department of Motor Vehicles relating to the regulation of garages, garagemen and body shops; and (2) the Division of Mortgage Lending of the Department of Business and Industry relating to credit service organizations. The powers and duties of the Consumer Affairs Division and the Commissioner of Consumer Affairs relating to the administration of provisions relating to certain deceptive trade practices, sightseeing tours, organizations for buying goods or services at a discount, dance studios, health clubs, consumer reporting and solicitation by telephone were temporarily transferred to the Attorney General until June 30, 2011. Finally, the requirement that certain sellers of travel register and deposit security with the Consumer Affairs Division and the Commissioner of Consumer Affairs was temporarily eliminated until June 30, 2011. (Chapter 475, Statutes of Nevada 2009, at page 2733)
During the 2011 and 2013 Legislative Sessions, the temporary transfer or elimination of the powers and duties of the Consumer Affairs Division and the Commissioner of Consumer Affairs was continued until 2013 and 2015, respectively. (Chapter 440, Statutes of Nevada 2011, at page 2652; chapter 250, Statutes of Nevada 2013, at page 1054) During the 2015 Legislative Session, the Consumer Affairs Unit was temporarily created in the Department of Business and Industry to perform the duties of the Consumer Affairs Division relating to certain deceptive trade practices until June 30, 2017. The Director of the Department of Business and Industry was required to designate a Deputy Director of the Department of Business and Industry to serve as the Commissioner of Consumer Affairs and Chief of the Consumer Affairs Unit. (Section 14 of chapter 528, Statutes of Nevada 2015, at page 3652) During the 2017 Legislative Session: (1) the Consumer Affairs Unit was extended for an additional period ending on June 30, 2019; and (2) the provisions governing the registration of sellers of travel were permanently eliminated. (Section 3 of chapter 365, Statutes of Nevada 2017, at page 2255; section 2 of chapter 249, Statutes of Nevada 2017, at page 1313) During the 2019 Legislative Session, the Consumer Affairs Unit was again extended for an additional period ending on June 30, 2021. (Section 3 of chapter 399, Statutes of Nevada 2019, at page 2501)
Sections 1 and 13 of this bill eliminate the Consumer Affairs Division and make the Consumer Affairs Unit permanent in the Department of Business and Industry, effective July 1, 2021. The Consumer Affairs Unit and the Commissioner of Consumer Affairs will continue to carry out the powers and duties relating to deceptive trade practices that they have carried out since the temporary creation of the Unit on July 1, 2015, as well as the powers and duties relating to sightseeing tours, organizations for buying goods or services at a discount, dance studios, health clubs, consumer reporting and solicitation by telephone that had been temporarily transferred from the Consumer Affairs Division to the Attorney General until June 30, 2021.
κ2021 Statutes of Nevada, Page 2742 (CHAPTER 423, SB 447)κ
Affairs Division to the Attorney General until June 30, 2021. (NRS 598.0903-598.0999, 598.405-598.525, 598.840-598.966; chapters 598C and 599B of NRS) Sections 2-12 of this bill make conforming changes as a result of the elimination of the Consumer Affairs Division and permanent creation of the Consumer Affairs Unit.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.510 is hereby amended to read as follows:
232.510 1. The Department of Business and Industry is hereby created.
2. The Department consists of a Director and the following:
(a) Consumer Affairs [Division.] Unit within the Office of the Director.
(b) Division of Financial Institutions.
(c) Housing Division.
(d) Real Estate Division.
(e) Division of Insurance.
(f) Division of Industrial Relations.
(g) Office of Labor Commissioner.
(h) Taxicab Authority.
(i) Office of the Nevada Attorney for Injured Workers.
(j) Nevada Transportation Authority.
(k) Division of Mortgage Lending.
(l) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.
Sec. 2. NRS 232.520 is hereby amended to read as follows:
232.520 The Director:
1. Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the Department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the Director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the Department, if any. The chief of the Consumer Affairs [Division] Unit is the Commissioner of Consumer Affairs, the chief of the Division of Financial Institutions is the Commissioner of Financial Institutions, the chief of the Housing Division is the Administrator of the Housing Division, the chief of the Real Estate Division is the Real Estate Administrator, the chief of the Division of Insurance is the Commissioner of Insurance, the chief of the Division of Industrial Relations is the Administrator of the Division of Industrial Relations, the chief of the Office of Labor Commissioner is the Labor Commissioner, the chief of the Taxicab Authority is the Taxicab Administrator, the chief of the Nevada Transportation Authority is the Chair of the Authority, the chief of the Division of Mortgage Lending is the Commissioner of Mortgage Lending and the chief of any other entity of the Department has the title specified by the Director, unless a different title is specified by a specific statute.
κ2021 Statutes of Nevada, Page 2743 (CHAPTER 423, SB 447)κ
2. Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the Department. The Director may, if he or she deems it necessary to carry out his or her administrative responsibilities, be considered as a member of the staff of any division or other entity of the Department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the Director pursuant to this subsection. This subsection does not allow the Director to preempt any authority or jurisdiction granted by statute to any division or other entity within the Department or to act or take on a function that would contravene a rule of court or a statute.
3. May:
(a) Establish uniform policies for the Department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the Department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the Department.
(b) Provide coordination among the divisions and other entities within the Department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.
(c) Define the responsibilities of any person designated to carry out the duties of the Director relating to financing, industrial development or business support services.
4. May, within the limits of the financial resources made available to the Director, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he or she determines is necessary or convenient for the exercise of the powers and duties of the Department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Department.
5. For any bonds which the Director is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by the Director pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
7. May designate any person within the Department to perform any of the duties or responsibilities, or exercise any of the authority, of the Director on his or her behalf.
8. May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Department.
9. May establish a trust account in the State Treasury for depositing and accounting for money that is held in escrow or is on deposit with the Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director.
κ2021 Statutes of Nevada, Page 2744 (CHAPTER 423, SB 447)κ
Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or
(b) Returned to any person entitled thereto in accordance with agreements or regulations of the Director relating to those bond programs.
Sec. 3. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, Consumer Affairs Unit or Unit means the Consumer Affairs Unit of the Department of Business and Industry.
Sec. 4. NRS 598.0966 is hereby amended to read as follows:
598.0966 1. There is hereby created a revolving account for the Consumer Affairs [Division] Unit of the Department of Business and Industry. The account must be administered by the Director or his or her designee.
2. The Director or his or her designee shall deposit any grant of money received by the [Division] Unit into the account, and any money in the account must be used solely to defray the costs and expenses of the [Division.] Unit.
3. The Director or his or her designee shall deposit any administrative fines received by the [Division] Unit into the State General Fund.
Sec. 5. NRS 598.425 is hereby amended to read as follows:
598.425 Commissioner means the Commissioner of [the Division.] Consumer Affairs.
Sec. 6. NRS 598.840 is hereby amended to read as follows:
598.840 As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:
1. Affiliate organization means an organization for buying goods or services at a discount that:
(a) Is a subsidiary of a parent business entity; or
(b) Operates under a franchise granted by a parent business entity.
2. Business day means any calendar day except Sunday, or the following business holidays: New Years Day, Martin Luther King, Jr.s Birthday, Washingtons Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans Day, Thanksgiving Day and Christmas Day.
3. Buyer means a person who purchases by contract a membership in an organization for buying goods or services at a discount.
4. Commissioner means the Commissioner of [the] Consumer Affairs . [Division.]
5. [Division means the Consumer Affairs Division of the Department of Business and Industry.
6.] Franchise has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.
[7.] 6. Organization for buying goods or services at a discount or organization means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.
κ2021 Statutes of Nevada, Page 2745 (CHAPTER 423, SB 447)κ
[8.] 7. Parent business entity or parent means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.
[9.] 8. Registrant means an organization for buying goods or services at a discount which is required to register and post security with the [Division] Consumer Affairs Unit pursuant to the provisions of NRS 598.840 to 598.930, inclusive.
[10.] 9. Subsidiary means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.
Sec. 7. NRS 598.9407 is hereby amended to read as follows:
598.9407 Commissioner means the Commissioner of [the Division.] Consumer Affairs.
Sec. 8. NRS 598C.180 is hereby amended to read as follows:
598C.180 1. The provisions of this chapter must be administered by the Commissioner of Consumer Affairs.
2. The Attorney General shall provide opinions for the Commissioner on all questions of law relating to the construction, interpretation or administration of this chapter.
3. The Attorney General shall represent the [Division] Consumer Affairs Unit of the Department of Business and Industry in any action or proceeding brought by or against the Commissioner pursuant to any of the provisions of this chapter.
Sec. 9. NRS 599B.010 is hereby amended to read as follows:
599B.010 As used in this chapter, unless the context otherwise requires:
1. Chance promotion means any plan in which premiums are distributed by random or chance selection.
2. Commissioner means the Commissioner of Consumer Affairs.
3. Consumer means a person who is solicited by a seller or salesperson.
4. [Division means the Consumer Affairs Division of the Department of Business and Industry.
5.] Donation means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:
(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and
(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.
[6.] 5. Goods or services means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.
[7.] 6. Premium includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
[8.] 7. Recovery service means a business or other practice whereby a person represents or implies that he or she will, for a fee, recover any amount of money that a consumer has provided to a seller or salesperson pursuant to a solicitation governed by the provisions of this chapter.
κ2021 Statutes of Nevada, Page 2746 (CHAPTER 423, SB 447)κ
amount of money that a consumer has provided to a seller or salesperson pursuant to a solicitation governed by the provisions of this chapter.
[9.] 8. Salesperson means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to the management or operation of the sellers business; or
(c) Who communicates on behalf of a seller with a consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order,
Κ except that a person is not a salesperson if his or her only function is to identify a consumer by name only and he or she immediately refers the consumer to a salesperson.
[10.] 9. Except as otherwise provided in subsection [11,] 10, seller means any person who, on his or her own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salespersons or any automated dialing announcing device under any of the following circumstances:
(a) The person initiates contact by telephone with a consumer and represents or implies:
(1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a consumer will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;
(4) That the product offered for sale is information or opinions relating to sporting events;
(5) That the product offered for sale is the services of a recovery service; or
(6) That the consumer will receive a premium or goods or services if he or she makes a donation;
(b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the consumer will receive a premium if the recipient calls the person;
(3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;
(4) That the product offered for sale is the services of a recovery service; or
κ2021 Statutes of Nevada, Page 2747 (CHAPTER 423, SB 447)κ
(5) That the consumer will receive a premium or goods or services if he or she makes a donation; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;
(2) Information or opinions relating to sporting events; or
(3) Services of a recovery service.
[11.] 10. Seller does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his or her license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his or her license.
(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his or her license.
(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcasters license.
(f) A person who solicits a donation from a consumer when:
(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of $50 or less in response to the solicitation.
(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.
(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.
(j) A person soliciting the sale of books, recordings, videocassettes, software for computer systems or similar items through:
(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;
(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or
(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:
κ2021 Statutes of Nevada, Page 2748 (CHAPTER 423, SB 447)κ
(1) Contains a written description or illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least 24 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.
(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, savings bank, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this State or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.
(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his or her license.
(p) A person soliciting the sale of services provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.
(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, agricultural products has the meaning ascribed to it in NRS 587.290.
(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are offered for sale and provided at the persons business establishment; and
(2) At least 50 percent of the persons business involves the buyer obtaining such goods or services at the persons business establishment.
(s) A person soliciting only the sale of telephone answering services to be provided by the person or his or her employer.
(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and
(2) The registration or license has not expired or been suspended or revoked.
(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his or her license.
κ2021 Statutes of Nevada, Page 2749 (CHAPTER 423, SB 447)κ
(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(x) A person who solicits the sale of livestock.
(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.
(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.
11. Unit means the Consumer Affairs Unit of the Department of Business and Industry.
Sec. 10. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 11. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 12. NRS 598.435 and 598.9413 are hereby repealed.
Sec. 13. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 2750κ
Assembly Bill No. 464Committee on Ways and Means
CHAPTER 424
[Approved: June 4, 2021]
AN ACT making appropriations to restore the balances in the Stale Claims Account, the Emergency Account, the Reserve for Statutory Contingency Account and the Contingency Account and to the Interim Finance Committee to make certain allocations; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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 restore the balance in the Stale Claims Account created by NRS 353.097 the sum of $3,570,578.
Sec. 2. There is hereby appropriated from the State General Fund to restore the balance in the Emergency Account created by NRS 353.263 the sum of $239,791.
Sec. 3. There is hereby appropriated from the State General Fund to restore the balance in the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $12,051,658.
Sec. 4. There is hereby appropriated from the State General Fund to restore the balance in the Contingency Account created by NRS 353.266 the sum of $13,667,305.
Sec. 4.3. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $267,500 for allocation to the Department of Taxation for personnel costs related to the issuance of refunds for the portion of modified business taxes paid in Fiscal Year 2019-2020 and Fiscal Year 2020-2021 that exceeded the reduced tax rates determined by the Department pursuant to NRS 360.203.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 4.7. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,500,000 for allocation to the Division of Forestry of the State Department of Conservation and Natural Resources only for expenses incurred in the suppression of fires or response to emergencies charged to the Forest Fire Suppression budget account.
κ2021 Statutes of Nevada, Page 2751 (CHAPTER 424, AB 464)κ
2. Money appropriated by subsection 1 may be allocated to the Division of Forestry of the State Department of Conservation and Natural Resources with the approval of the Interim Finance Committee, upon the recommendation of the Governor and submittal of documentation indicating that billings related to the suppression of fires or response to emergencies have been received.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 5. This act becomes effective upon passage and approval.
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Assembly Bill No. 468Committee on Ways and Means
CHAPTER 425
[Approved: June 4, 2021]
AN ACT making appropriations to various divisions of the Department of Motor Vehicles for the replacement of computer hardware and software and certain other equipment and to the Interim Finance Committee to allocate to the Department for certain computer programming costs; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $23,677 for the costs of the replacement of the DUO Digipass security application and one UPS battery backup unit.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
κ2021 Statutes of Nevada, Page 2752 (CHAPTER 425, AB 468)κ
Sec. 2. 1. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $645,078 for the replacement of computer hardware and software and associated equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 3. 1. There is hereby appropriated from the State Highway Fund to the Motor Carrier Division of the Department of Motor Vehicles the sum of $38,916 for the replacement of computer hardware and software.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 4. 1. There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $561,647 for the replacement of credit card readers, scanners, shredders, facsimile machines and a stylus marking system.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 5. 1. There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $61,614 for the replacement of barcode scanners.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
κ2021 Statutes of Nevada, Page 2753 (CHAPTER 425, AB 468)κ
Sec. 6. 1. There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $745,632 for the replacement of computer hardware and software.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 7. 1. There is hereby appropriated from the State Highway Fund to the Division of Compliance Enforcement of the Department of Motor Vehicles the sum of $51,874 for the replacement of computer hardware and software.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 8. 1. There is hereby appropriated from the State Highway Fund to the Office of the Director of the Department of Motor Vehicles the sum of $42,408 for the replacement of computer hardware and software.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 9. 1. There is hereby appropriated from the State Highway Fund to the Administrative Services Division of the Department of Motor Vehicles the sum of $46,888 for the replacement of computer hardware and software.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 9.5. 1. There is hereby appropriated from the State Highway Fund to the Interim Finance Committee the sum of $615,643 for allocation to the Department of Motor Vehicles for the costs of computer programming related to legislation enacted by the 81st Session of the Nevada Legislature and approved by the Governor.
κ2021 Statutes of Nevada, Page 2754 (CHAPTER 425, AB 468)κ
the Department of Motor Vehicles for the costs of computer programming related to legislation enacted by the 81st Session of the Nevada Legislature and approved by the Governor.
2. Money appropriated by subsection 1 may be allocated to the Department of Motor Vehicles with the approval of the Interim Finance Committee, upon recommendation of the Governor, and submittal of documentation for the costs.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 10. This act becomes effective upon passage and approval.
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Senate Bill No. 414Committee on Finance
CHAPTER 426
[Approved: June 4, 2021]
AN ACT making an appropriation to the Department of Taxation for the continuing costs of the modernization of the Unified Tax System as part of Project MYNT; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $2,943,463 for the continuing costs of the modernization of the Unified Tax System as part of Project MYNT.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 2. This act becomes effective upon passage and approval.
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