Senate Bill No. 307–Senators Wiener, Rawson, Cegavske, Mathews, Neal, Nolan and Washington

 

CHAPTER..........

 

AN ACT relating to public health; requiring the posting of warnings in certain food establishments in which alcoholic beverages are sold regarding the dangers of drinking such beverages during pregnancy; merging the Advisory Subcommittee on Fetal Alcohol Syndrome into the Advisory Board on Maternal and Child Health; and providing other matters properly relating thereto.

 

    Whereas, Fetal alcohol syndrome is a disease that is completely preventable; and

    Whereas, Fetal alcohol syndrome is the leading environmental cause of mental retardation in the United States; and

    Whereas, Approximately 10 percent of all mental retardation in children is attributable to fetal alcohol syndrome; and

    Whereas, The Genetics Division of the University of Nevada, Reno, has recognized that fetal alcohol syndrome is the major cause of disability in Nevada; and

    Whereas, In 1999, the Legislature created the Advisory Subcommittee on Fetal Alcohol Syndrome of the Advisory Board on Maternal and Child Health to increase awareness of fetal alcohol syndrome in Nevada; and

    Whereas, The Advisory Subcommittee on Fetal Alcohol Syndrome has worked diligently with the Advisory Board on Maternal and Child Health to establish a framework from which to work to defeat the cause of Fetal Alcohol Syndrome and is now ready to disband in favor of a transference of the Subcommittee’s duties to the Advisory Board on Maternal and Child Health; and

    Whereas, Since 1981, an advisory of the Office of the Surgeon General of the United States has provided that “women who are pregnant or who plan to become pregnant should abstain from alcohol use because of the potential risks to the fetus”; and

    Whereas, The effects on a fetus of alcohol consumption during pregnancy may be seen in as many as 1 percent of all babies born in Nevada; and

    Whereas, Public awareness is the key to helping to prevent the incidence of fetal alcohol syndrome; and

    Whereas, The State of Nevada does not currently require establishments that sell alcohol to post warnings about alcohol consumption by pregnant women; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 442.137 is hereby amended to read as follows:

    442.137  The purpose of the Advisory Board is to advise the

Administrator of the Health Division concerning perinatal care to

enhance the survivability and health of infants and mothers, and

concerning programs to improve the health of preschool children, to

achieve the following objectives:

    1.  Ensuring the availability and accessibility of primary care

health services;

    2.  Reducing the rate of infant mortality;

    3.  Reducing the incidence of preventable diseases and

handicapping conditions among children;

    4.  Identifying the most effective methods of preventing fetal

alcohol syndrome and collecting information relating to the

incidence of fetal alcohol syndrome in this state;

    5.  Preventing the consumption of alcohol by women during

pregnancy;

    6.  Reducing the need for inpatient and long-term care services;

    [5.] 7.  Increasing the number of children who are

appropriately immunized against disease;

    [6.] 8.  Increasing the number of children from low-income

families who are receiving assessments of their health;

    [7.] 9.  Ensuring that services to follow up the assessments are

available, accessible and affordable to children identified as in need

of those services; [and

    8.] 10.  Assisting the Health Division in developing a program

of public education that it is required to develop pursuant to NRS

442.385, including, without limitation, preparing and obtaining

information relating to fetal alcohol syndrome;

    11.  Assisting the University of Nevada School of Medicine in

reviewing, amending and distributing the guidelines it is required

to develop pursuant to NRS 442.390; and

    12.  Promoting the health of infants and mothers by ensuring

the availability and accessibility of affordable perinatal services.

    Sec. 2.  NRS 442.385 is hereby amended to read as follows:

    442.385  [1.] The Health Division shall develop and carry out

a program of public education to increase public awareness about

the dangers of fetal alcohol syndrome and other adverse effects on a

fetus that may result from the consumption of alcohol during

pregnancy. The program must include, without limitation:

    [(a)] 1.  Educational messages that are directed toward the

general public and specific geographical areas and groups of persons

in this state that are identified pursuant to subsection 1 of NRS

442.420 as having women who are at a high risk of consuming

alcohol during pregnancy.

    [(b)] 2.  Providing training materials to school personnel to

assist them in identifying pupils who may be suffering from fetal

alcohol syndrome and offering to provide the parents of those pupils

with a referral for diagnostic services and treatment.

    [(c)] 3.  If a toll-free telephone service is otherwise provided by

the Health Division, the use of that telephone service for providing

information relating to programs for the treatment of substance

abuse, providers of health care or other services and other available

resources, and referrals to those programs, if appropriate. The

telephone number must be disclosed in the educational messages

provided pursuant to this section.

    [2.  The Subcommittee shall periodically evaluate the program

to determine its effectiveness.]

    Sec. 3.  NRS 442.390 is hereby amended to read as follows:

    442.390  [1.] The University of Nevada School of Medicine

shall develop guidelines to assist a provider of health care or other

services in identifying:

    [(a)] 1.  Pregnant women who are at a high risk of consuming

alcohol during pregnancy; and

    [(b)] 2.  Children who are suffering from fetal alcohol

syndrome.

    [2.  The Subcommittee shall review, amend, adopt and

distribute the guidelines developed by the University of Nevada

School of Medicine pursuant to subsection 1.]

    Sec. 4.  NRS 442.425 is hereby amended to read as follows:

    442.425  1.  The Health Division may apply for and accept

gifts, grants and contributions from any public or private source to

carry out its duties pursuant to the provisions of NRS [442.350]

442.385 to 442.425, inclusive.

    2.  The Health Division shall account separately for the money

received from those gifts, grants or contributions. The Administrator

of the Health Division shall administer the account, and all claims

against the account must be approved by the Administrator before

they are paid.

    3.  The money in the account must be used only to carry out the

provisions of NRS [442.350] 442.385 to 442.425, inclusive.

    [4.  The Subcommittee may make recommendations to the

Administrator of the Health Division concerning the use of

the money in the account. The Administrator shall consider the

recommendations of the Subcommittee.]

    Sec. 5.  Chapter446 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 5, each food

establishment in which alcoholic beverages are sold by the drink

for consumption on the premises shall post at least one sign that

meets the requirements of this section in a location conspicuous to

the patrons of the establishment. The conspicuous location

described in this subsection may include, without limitation, a

women’s restroom that is located within the establishment.

    2.  Each sign required by subsection 1 must be not less than

8 1/2 by 11 inches in size and must contain a notice in boldface

type that is clearly legible and, except as otherwise provided in

paragraph (a) of subsection 4, in substantially the following form:

 

HEALTH WARNING

Drinking wine, beer and other alcoholic beverages during

pregnancy can cause birth defects.

 

¡ADVERTENCIA!

El consumo de vino, cerveza y otras bebidas alcohólicas durante el

embarazo puede causar defectos físicos y/o mentales en el feto.

 

    3.  The letters in the words “HEALTH WARNING” and

“¡ADVERTENCIA!” in the sign must be written in not less than

40-point type, and the letters in all other words in the sign must be

written in not less than 30-point type.

    4.  The Health Division of the Department of Human

Resources may:

    (a) Provide by regulation for one or more alternative forms for

the language of the warning to be included on the signs required

by subsection 1 to increase the effectiveness of the signs. Each

alternative form must contain substantially the same message as is

stated in subsection 2.

    (b) Solicit and accept the donation of signs that satisfy the

requirements of this section from a nonprofit organization or any

other source. To the extent that such signs are donated, the Health

Division shall distribute the signs upon request to food

establishments that are required to post the signs.

    5.  A food establishment is not required to post the sign

otherwise required by this section if the food establishment

provides to its patrons a food or drink menu that contains a notice,

in boldface type that is clearly legible and not less than the size of

the type used for the items on the menu, in substantially the same

form and language as is set forth in subsection 2 or authorized

pursuant to paragraph (a) of subsection 4.

    6.  As used in this section, “alcoholic beverage” means:

    (a) Beer, ale, porter, stout and other similar fermented

beverages, including, without limitation, sake and similar

products, of any name or description containing one-half of 1

percent or more of alcohol by volume, brewed or produced from

malt, wholly or in part, or from any substitute therefor.

    (b) Any beverage obtained by the fermentation of the natural

content of fruits or other agricultural products containing sugar,

of one-half of 1 percent or more of alcohol by volume.

    (c) Any distilled spirits commonly referred to as ethyl alcohol,

ethanol or spirits of wine in any form, including, without

limitation, all dilutions and mixtures thereof from whatever

process produced.

    Sec. 6.  NRS 442.350, 442.355, 442.360, 442.365, 442.370,

442.375 and 442.380 are hereby repealed.

 

²⁰~~~~~⁰³