Senate Bill No. 326–Senator Tiffany

 

March 17, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Requires certain medical facilities and facilities for the dependent to grant licensed psychologists certain admitting and discharging privileges. (BDR 40‑404)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to health care; requiring certain medical facilities and facilities for the dependent to grant licensed psychologists certain admitting and discharging privileges; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 449 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  Upon the request of a psychologist licensed pursuant to chapter

1-4  641 of NRS, a psychiatric hospital, any other medical facility that

1-5  provides inpatient mental health services, or a facility for the

1-6  dependent that provides inpatient mental health services shall

1-7  grant the psychologist admitting and discharging privileges for

1-8  such services at the psychiatric hospital, other medical facility or

1-9  facility for the dependent.

1-10      Sec. 2.  NRS 449.070 is hereby amended to read as follows:

1-11      449.070  The provisions of NRS 449.001 to 449.240, inclusive,

1-12  and section 1 of this act do not apply to:

1-13      1.  Any facility conducted by and for the adherents of any

1-14  church or religious denomination for the purpose of providing

1-15  facilities for the care and treatment of the sick who depend solely

1-16  upon spiritual means through prayer for healing in the practice of

2-1  the religion of the church or denomination, except that such a

2-2  facility must comply with all regulations relative to sanitation and

2-3  safety applicable to other facilities of a similar category.

2-4  2.  Foster homes as defined in NRS 424.014.

2-5  3.  Any medical facility or facility for the dependent operated

2-6  and maintained by the United States Government or an agency

2-7  thereof.

2-8  Sec. 3.  NRS 449.160 is hereby amended to read as follows:

2-9  449.160  1.  The Health Division may deny an application for

2-10  a license or may suspend or revoke any license issued under the

2-11  provisions of NRS 449.001 to 449.240, inclusive, and section 1 of

2-12  this act upon any of the following grounds:

2-13      (a) Violation by the applicant or the licensee of any of the

2-14  provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and

2-15  section 1 of this act or of any other law of this state or of the

2-16  standards, rules and regulations adopted thereunder.

2-17      (b) Aiding, abetting or permitting the commission of any illegal

2-18  act.

2-19      (c) Conduct inimical to the public health, morals, welfare and

2-20  safety of the people of the State of Nevada in the maintenance and

2-21  operation of the premises for which a license is issued.

2-22      (d) Conduct or practice detrimental to the health or safety of the

2-23  occupants or employees of the facility.

2-24      (e) Failure of the applicant to obtain written approval from the

2-25  Director of the Department of Human Resources as required by

2-26  NRS 439A.100 or as provided in any regulation adopted pursuant to

2-27  this chapter, if such approval is required.

2-28      2.  In addition to the provisions of subsection 1, the Health

2-29  Division may revoke a license to operate a facility for the dependent

2-30  if, with respect to that facility, the licensee that operates the facility,

2-31  or an agent or employee of the licensee:

2-32      (a) Is convicted of violating any of the provisions of

2-33  NRS 202.470;

2-34      (b) Is ordered to but fails to abate a nuisance pursuant to NRS

2-35  244.360, 244.3603 or 268.4124; or

2-36      (c) Is ordered by the appropriate governmental agency to correct

2-37  a violation of a building, safety or health code or regulation but fails

2-38  to correct the violation.

2-39      3.  The Health Division shall maintain a log of any complaints

2-40  that it receives relating to activities for which the Health Division

2-41  may revoke the license to operate a facility for the dependent

2-42  pursuant to subsection 2.

 

 

3-1  4.  On or before February 1 of each odd-numbered year, the

3-2  Health Division shall submit to the Director of the Legislative

3-3  Counsel Bureau a written report setting forth, for the previous

3-4  biennium:

3-5  (a) Any complaints included in the log maintained by the Health

3-6  Division pursuant to subsection 3; and

3-7  (b) Any disciplinary actions taken by the Health Division

3-8  pursuant to subsection 2.

3-9  Sec. 4.  NRS 449.163 is hereby amended to read as follows:

3-10      449.163  1.  If a medical facility or facility for the dependent

3-11  violates any provision related to its licensure, including any

3-12  provision of NRS 439B.410, 449.001 to 449.240, inclusive, and

3-13  section 1 of this act or any condition, standard or regulation adopted

3-14  by the Board, the Health Division in accordance with the regulations

3-15  adopted pursuant to NRS 449.165 may:

3-16      (a) Prohibit the facility from admitting any patient until it

3-17  determines that the facility has corrected the violation;

3-18      (b) Limit the occupancy of the facility to the number of beds

3-19  occupied when the violation occurred, until it determines that the

3-20  facility has corrected the violation;

3-21      (c) Impose an administrative penalty of not more than $1,000

3-22  per day for each violation, together with interest thereon at a rate not

3-23  to exceed 10 percent per annum; and

3-24      (d) Appoint temporary management to oversee the operation of

3-25  the facility and to ensure the health and safety of the patients of the

3-26  facility, until:

3-27          (1) It determines that the facility has corrected the violation

3-28  and has management which is capable of ensuring continued

3-29  compliance with the applicable statutes, conditions, standards and

3-30  regulations; or

3-31          (2) Improvements are made to correct the violation.

3-32      2.  If the facility fails to pay any administrative penalty imposed

3-33  pursuant to paragraph (c) of subsection 1, the Health Division may:

3-34      (a) Suspend the license of the facility until the administrative

3-35  penalty is paid; and

3-36      (b) Collect court costs, reasonable attorney’s fees and other

3-37  costs incurred to collect the administrative penalty.

3-38      3.  The Health Division may require any facility that violates

3-39  any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and

3-40  section 1 of this act or any condition, standard or regulation adopted

3-41  by the Board, to make any improvements necessary to correct the

3-42  violation.

3-43      4.  Any money collected as administrative penalties pursuant to

3-44  this section must be accounted for separately and used to protect the

4-1  health or property of the residents of the facility in accordance with

4-2  applicable federal standards.

 

4-3  H