requires two-thirds majority vote (§§ 12, 19, 35, 41, 42, 44, 45, 50)
A.B. 326
Assembly Bill No. 326–Assemblymen Buckley, Conklin, McClain, Koivisto, Parks, Anderson, Arberry, Atkinson, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Grady, Horne, Leslie, Mabey, Manendo, Oceguera, Perkins, Pierce, Sherer and Williams
March 14, 2003
____________
Referred to Committee on Health and Human Services
SUMMARY—Provides for licensing and regulation of facilities for assisted living. (BDR 40‑954)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to assisted living; providing for the licensing and regulation of facilities for assisted living; providing that certain provisions concerning services provided to aging persons apply to residents of facilities for assisted living; providing that certain provisions concerning property tax assessments for senior citizens apply to residents of facilities for assisted living; authorizing employees of facilities for assisted living to possess and administer controlled substances and dangerous drugs under certain circumstances; providing for the licensure of administrators of facilities for assisted living; providing penalties; 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 the provisions set forth as sections 2 to 5, inclusive, of this
1-3 act.
1-4 Sec. 2. 1. “Facility for assisted living” means a facility:
2-1 (a) Where senior citizens or persons with disabilities reside in
2-2 individual living units that are:
2-3 (1) Self-contained;
2-4 (2) Located in a building, a complex or a distinct part of a
2-5 building or complex; and
2-6 (3) Occupied privately, and shared only at the election of
2-7 the person who resides in the unit;
2-8 (b) That permits residents of the facility to choose services and
2-9 amenities in a manner that promotes dignity, independence, the
2-10 right to make personal decisions and quality of life;
2-11 (c) That provides access to staff on a 24-hour basis; and
2-12 (d) That provides scheduled and unscheduled assistance and
2-13 services to residents of the facility, including, without limitation:
2-14 (1) Services that assist residents of the facility with their
2-15 activities of daily living and instrumental activities of daily living,
2-16 and the oversight of such services;
2-17 (2) Health care services, including, without limitation, the
2-18 management of medication;
2-19 (3) Social and recreational services;
2-20 (4) Meals;
2-21 (5) Laundry services;
2-22 (6) Transportation; and
2-23 (7) Security services.
2-24 2. “Facility for assisted living” does not include a facility that
2-25 provides ongoing skilled nursing assistance or intensive therapies
2-26 on a 24-hour basis for persons who have complex or unstable
2-27 medical conditions, but includes a facility that provides services to
2-28 persons who:
2-29 (a) Have deficiencies in one or more activities of daily living
2-30 and are no longer able to live without assistance;
2-31 (b) Are physically frail; or
2-32 (c) May have cognitive impairments, may be incontinent, may
2-33 require mobility aids, may require special diets, may require
2-34 monitoring or assistance with medication, or may require frequent
2-35 monitoring of their health conditions.
2-36 3. As used in this section, “senior citizen” means a person
2-37 who is 60 years of age or older.
2-38 Sec. 3. A facility for assisted living must not be operated
2-39 except under the supervision of an administrator of a facility for
2-40 assisted living licensed pursuant to the provisions of chapter 654
2-41 of NRS.
2-42 Sec. 4. A person who operates a facility for assisted living
2-43 shall:
2-44 1. Post his license to operate the facility for assisted living;
2-45 and
3-1 2. Post the rates for services provided by the facility for
3-2 assisted living,
3-3 in a conspicuous place in the facility for assisted living.
3-4 Sec. 5. If the Health Division suspends or revokes the license
3-5 of a person who operates a facility for assisted living for abuse,
3-6 neglect or isolation of the occupants of the facility, the Health
3-7 Division shall suspend or revoke the license of all facilities for
3-8 assisted living operated by that person. The person who operates
3-9 the facility shall move all the persons who are receiving services in
3-10 the facility for assisted living to other licensed facilities for assisted
3-11 living at his own expense.
3-12 Sec. 6. NRS 449.001 is hereby amended to read as follows:
3-13 449.001 As used in this chapter, unless the context otherwise
3-14 requires, the words and terms defined in NRS 449.0015 to 449.019,
3-15 inclusive, and section 2 of this act have the meanings ascribed to
3-16 them in those sections.
3-17 Sec. 7. NRS 449.0045 is hereby amended to read as follows:
3-18 449.0045 “Facility for the dependent” includes a facility for the
3-19 treatment of abuse of alcohol or drugs, halfway house for recovering
3-20 alcohol and drug abusers, facility for the care of adults during the
3-21 day , [or] residential facility for groups [.] or facility for assisted
3-22 living.
3-23 Sec. 8. NRS 449.017 is hereby amended to read as follows:
3-24 449.017 1. Except as otherwise provided in subsection 2,
3-25 “residential facility for groups” means an establishment that
3-26 furnishes food, shelter, assistance and limited supervision to an
3-27 aged, infirm, mentally retarded or handicapped person.
3-28 2. The term does not include:
3-29 (a) An establishment which provides care only during the day;
3-30 (b) A natural person who provides care for no more than two
3-31 persons in his own home;
3-32 (c) A natural person who provides care for one or more persons
3-33 related to him within the third degree of consanguinity or affinity;
3-34 (d) A halfway house for recovering alcohol and drug abusers;
3-35 [or]
3-36 (e) A facility for assisted living; or
3-37 (f) A facility funded by a division or program of the Department
3-38 of Human Resources.
3-39 Sec. 9. NRS 449.030 is hereby amended to read as follows:
3-40 449.030 1. No person, state or local government or agency
3-41 thereof may operate or maintain in this state any medical facility or
3-42 facility for the dependent without first obtaining a license therefor as
3-43 provided in NRS 449.001 to 449.240, inclusive[.] , and sections 2
3-44 to 5, inclusive, of this act.
4-1 2. Unless licensed as a facility for hospice care, a person, state
4-2 or local government or agency thereof shall not operate a program
4-3 of hospice care without first obtaining a license for the program
4-4 from the Board.
4-5 Sec. 10. NRS 449.0305 is hereby amended to read as follows:
4-6 449.0305 1. Except as otherwise provided in subsection 5, a
4-7 person must obtain a license from the Board to operate a business
4-8 that provides referrals to residential facilities for groups[.] or to
4-9 facilities for assisted living.
4-10 2. The Board shall adopt:
4-11 (a) Standards for the licensing of businesses that provide
4-12 referrals to residential facilities for groups[;] or to facilities for
4-13 assisted living;
4-14 (b) Standards relating to the fees charged by such businesses;
4-15 (c) Regulations governing the licensing of such businesses; and
4-16 (d) Regulations establishing requirements for training the
4-17 employees of such businesses.
4-18 3. A licensed nurse, social worker, physician or hospital, or a
4-19 provider of geriatric care who is licensed as a nurse or social worker
4-20 [,] may provide referrals to residential facilities for groups or to
4-21 facilities for assisted living through a business that is licensed
4-22 pursuant to this section. The Board may, by regulation, authorize a
4-23 public guardian or any other person it determines appropriate to
4-24 provide referrals to residential facilities for groups or to facilities
4-25 for assisted living through a business that is licensed pursuant to
4-26 this section.
4-27 4. A business that is licensed pursuant to this section or an
4-28 employee of such a business shall not:
4-29 (a) Refer a person to a residential facility for groups or to a
4-30 facility for assisted living that is not licensed.
4-31 (b) Refer a person to a residential facility for groups or to a
4-32 facility for assisted living that is owned by the same person who
4-33 owns the business.
4-34 A person who violates the provisions of this subsection is liable for
4-35 a civil penalty to be recovered by the Attorney General in the name
4-36 of the State Board of Health for the first offense of not more than
4-37 $10,000 and for a second or subsequent offense of not less than
4-38 $10,000 nor more than $20,000. Unless otherwise required by
4-39 federal law, the State Board of Health shall deposit all civil penalties
4-40 collected pursuant to this section into a separate account in the State
4-41 General Fund to be used for the enforcement of this section and the
4-42 protection of the health, safety, well-being and property of
4-43 [residences] residents of residential facilities for groups[.] and
4-44 residents of facilities for assisted living.
5-1 5. This section does not apply to a medical facility that is
5-2 licensed pursuant to NRS 449.001 to 449.240, inclusive, and
5-3 sections 2 to 5, inclusive, of this act on October 1, 1999.
5-4 Sec. 11. NRS 449.037 is hereby amended to read as follows:
5-5 449.037 1. The Board shall adopt:
5-6 (a) Licensing standards for each class of medical facility or
5-7 facility for the dependent covered by NRS 449.001 to 449.240,
5-8 inclusive, and sections 2 to 5, inclusive, of this act and for
5-9 programs of hospice care.
5-10 (b) Regulations governing the licensing of such facilities and
5-11 programs.
5-12 (c) Regulations governing the procedure and standards for
5-13 granting an extension of the time for which a natural person may
5-14 provide certain care in his home without being considered a
5-15 residential facility for groups pursuant to NRS 449.017. The
5-16 regulations must require that such grants are effective only if made
5-17 in writing.
5-18 (d) Regulations establishing a procedure for the indemnification
5-19 by the Health Division, from the amount of any surety bond or other
5-20 obligation filed or deposited by a facility for refractive laser surgery
5-21 pursuant to NRS 449.068 or 449.069, of a patient of the facility who
5-22 has sustained any damages as a result of the bankruptcy of or any
5-23 breach of contract by the facility.
5-24 (e) Any other regulations as it deems necessary or convenient to
5-25 carry out the provisions of NRS 449.001 to 449.240, inclusive[.] ,
5-26 and sections 2 to 5, inclusive, of this act.
5-27 2. The Board shall adopt separate regulations governing the
5-28 licensing and operation of:
5-29 (a) Facilities for the care of adults during the day; and
5-30 (b) Residential facilities for groups,
5-31 which provide care to persons with Alzheimer’s disease.
5-32 3. The Board shall adopt separate regulations for:
5-33 (a) The licensure of rural hospitals which take into consideration
5-34 the unique problems of operating such a facility in a rural area.
5-35 (b) The licensure of facilities for refractive laser surgery which
5-36 take into consideration the unique factors of operating such a
5-37 facility.
5-38 (c) The licensure of mobile units which take into consideration
5-39 the unique factors of operating a facility that is not in a fixed
5-40 location.
5-41 4. The Board shall require that the practices and policies of
5-42 each medical facility or facility for the dependent provide
5-43 adequately for the protection of the health, safety , and physical,
5-44 moral and mental well-being of each person accommodated in the
5-45 facility.
6-1 5. The Board shall establish minimum qualifications for
6-2 administrators and employees of residential facilities for groups. In
6-3 establishing the qualifications, the Board shall consider the related
6-4 standards set by nationally recognized organizations which accredit
6-5 such facilities.
6-6 6. The Board shall establish minimum qualifications for
6-7 administrators and employees of facilities for assisted living. In
6-8 establishing the qualifications, the Board shall consider the
6-9 related standards set by nationally recognized organizations which
6-10 accredit such facilities.
6-11 7. The Board shall adopt separate regulations regarding the
6-12 assistance which may be given pursuant to NRS 453.375 and
6-13 454.213 to an ultimate user of controlled substances or dangerous
6-14 drugs by employees of residential facilities for groups[.] and by
6-15 employees of facilities for assisted living. The regulations must
6-16 require at least the following conditions before such assistance may
6-17 be given:
6-18 (a) The ultimate user’s physical and mental condition is stable
6-19 and is following a predictable course.
6-20 (b) The amount of the medication prescribed is at a maintenance
6-21 level and does not require a daily assessment.
6-22 (c) A written plan of care by a physician or registered nurse has
6-23 been established that:
6-24 (1) Addresses possession and assistance in the administration
6-25 of the medication; and
6-26 (2) Includes a plan, which has been prepared under the
6-27 supervision of a registered nurse or licensed pharmacist, for
6-28 emergency intervention if an adverse condition results.
6-29 (d) The prescribed medication is not administered by injection
6-30 or intravenously.
6-31 (e) The employee has successfully completed training and
6-32 examination approved by the Health Division regarding the
6-33 authorized manner of assistance.
6-34 [7.] 8. The Board shall, if it determines necessary, adopt
6-35 regulations and requirements to ensure that each residential facility
6-36 for groups and its staff and each facility for assisted living and its
6-37 staff are prepared to respond to an emergency, including, without
6-38 limitation:
6-39 (a) The adoption of plans to respond to a natural disaster and
6-40 other types of emergency situations, including, without limitation,
6-41 an emergency involving fire;
6-42 (b) The adoption of plans to provide for the evacuation of a
6-43 residential facility for groups or a facility for assisted living in an
6-44 emergency, including, without limitation, plans to ensure that
6-45 nonambulatory patients may be evacuated;
7-1 (c) Educating the residents of residential facilities for groups
7-2 and the residents of facilities for assisted living concerning the
7-3 plans adopted pursuant to paragraphs (a) and (b); and
7-4 (d) Posting the plans or a summary of the plans adopted
7-5 pursuant to paragraphs (a) and (b) in a conspicuous place in each
7-6 residential facility for groups[.] and each facility for assisted
7-7 living.
7-8 Sec. 12. NRS 449.060 is hereby amended to read as follows:
7-9 449.060 1. Each license issued pursuant to NRS 449.001 to
7-10 449.240, inclusive, and sections 2 to 5, inclusive, of this act expires
7-11 on December 31 following its issuance and is renewable for 1 year
7-12 upon reapplication and payment of the fee provided in NRS 449.040
7-13 and 449.050 unless the Health Division finds, after an investigation,
7-14 that the facility has not:
7-15 (a) Satisfactorily complied with the provisions of NRS 449.001
7-16 to 449.240, inclusive, and sections 2 to 5, inclusive, of this act or
7-17 the standards and regulations adopted by the Board;
7-18 (b) Obtained the approval of the Director of the Department of
7-19 Human Resources before undertaking a project, if such approval is
7-20 required by NRS 439A.100; or
7-21 (c) Conformed to all applicable local zoning regulations.
7-22 2. Each reapplication for an agency to provide nursing in the
7-23 home, a residential facility for intermediate care, a facility for
7-24 skilled nursing , [or] a residential facility for groups or a facility for
7-25 assisted living must include, without limitation, a statement that the
7-26 facility or agency is in compliance with the provisions of NRS
7-27 449.173 to 449.188, inclusive.
7-28 Sec. 13. NRS 449.065 is hereby amended to read as follows:
7-29 449.065 1. Except as otherwise provided in subsection 6 and
7-30 NRS 449.067, each facility for intermediate care, facility for skilled
7-31 nursing, residential facility for groups , facility for assisted living
7-32 and agency to provide nursing in the home shall, when applying for
7-33 a license or renewing a license, file with the Administrator of the
7-34 Aging Services Division of the Department of Human Resources a
7-35 surety bond:
7-36 (a) If the facility or agency employs less than 7 employees, in
7-37 the amount of $10,000;
7-38 (b) If the facility or agency employs at least 7 but not more than
7-39 25 employees, in the amount of $50,000; or
7-40 (c) If the facility or agency employs more than 25 employees, in
7-41 the amount of $100,000.
7-42 2. A bond filed pursuant to this section must be executed by
7-43 the facility or agency as principal and by a surety company as
7-44 surety. The bond must be payable to the Aging Services Division of
7-45 the Department of Human Resources and must be conditioned to
8-1 provide indemnification to an older patient who the specialist for the
8-2 rights of elderly persons determines has suffered property damage as
8-3 a result of any act or failure to act by the facility or agency to protect
8-4 the property of the older patient.
8-5 3. Except when a surety is released, the surety bond must cover
8-6 the period of the initial license to operate or the period of the
8-7 renewal, as appropriate.
8-8 4. A surety on any bond filed pursuant to this section may be
8-9 released after the surety gives 30 days’ written notice to the
8-10 Administrator of the Aging Services Division of the Department of
8-11 Human Resources, but the release does not discharge or otherwise
8-12 affect any claim filed by an older patient for property damaged as a
8-13 result of any act or failure to act by the facility or agency to protect
8-14 the property of the older patient alleged to have occurred while the
8-15 bond was in effect.
8-16 5. A license is suspended by operation of law when the facility
8-17 or agency is no longer covered by a surety bond as required by this
8-18 section or by a substitute for the surety bond pursuant to NRS
8-19 449.067. The Administrator of the Aging Services Division of the
8-20 Department of Human Resources shall give the facility or agency at
8-21 least 20 days’ written notice before the release of the surety or the
8-22 substitute for the surety, to the effect that the license will be
8-23 suspended by operation of law until another surety bond or
8-24 substitute for the surety bond is filed in the same manner and
8-25 amount as the bond or substitute being terminated.
8-26 6. The Administrator of the Aging Services Division of the
8-27 Department of Human Resources may exempt a residential facility
8-28 for groups or a facility for assisted living from the requirement of
8-29 filing a surety bond pursuant to this section if the Administrator
8-30 determines that the requirement would result in undue hardship to
8-31 the residential facility for groups[.] or the facility for assisted
8-32 living.
8-33 Sec. 14. NRS 449.067 is hereby amended to read as follows:
8-34 449.067 1. As a substitute for the surety bond required
8-35 pursuant to NRS 449.065, a facility for intermediate care, a facility
8-36 for skilled nursing, a residential facility for groups , a facility for
8-37 assisted living and an agency to provide nursing in the home may
8-38 deposit with any bank or trust company authorized to do business in
8-39 this state, upon approval from the Administrator of the Aging
8-40 Services Division of the Department of Human Resources:
8-41 (a) An obligation of a bank, savings and loan association, thrift
8-42 company or credit union licensed to do business in this state;
8-43 (b) Bills, bonds, notes, debentures or other obligations of the
8-44 United States or any agency or instrumentality thereof, or
8-45 guaranteed by the United States; or
9-1 (c) Any obligation of this state or any city, county, town,
9-2 township, school district or other instrumentality of this state, or
9-3 guaranteed by this state, in an aggregate amount, based upon
9-4 principal amount or market value, whichever is lower.
9-5 2. The obligations of a bank, savings and loan association,
9-6 thrift company or credit union must be held to secure the same
9-7 obligation as would the surety bond required by NRS 449.065. With
9-8 the approval of the Administrator of the Aging Services Division,
9-9 the depositor may substitute other suitable obligations for those
9-10 deposited, which must be assigned to the Aging Services Division
9-11 of the Department of Human Resources and are negotiable only
9-12 upon approval by the Administrator of the Aging Services Division.
9-13 3. Any interest or dividends earned on the deposit accrue to the
9-14 account of the depositor.
9-15 4. The deposit must be an amount at least equal to the surety
9-16 bond required by NRS 449.065 and must state that the amount may
9-17 not be withdrawn except by direct and sole order of the
9-18 Administrator of the Aging Services Division.
9-19 Sec. 15. NRS 449.070 is hereby amended to read as follows:
9-20 449.070 The provisions of NRS 449.001 to 449.240, inclusive,
9-21 and sections 2 to 5, inclusive, of this act do not apply to:
9-22 1. Any facility conducted by and for the adherents of any
9-23 church or religious denomination for the purpose of providing
9-24 facilities for the care and treatment of the sick who depend solely
9-25 upon spiritual means through prayer for healing in the practice of
9-26 the religion of the church or denomination, except that such a
9-27 facility must comply with all regulations relative to sanitation and
9-28 safety applicable to other facilities of a similar category.
9-29 2. Foster homes as defined in NRS 424.014.
9-30 3. Any medical facility or facility for the dependent operated
9-31 and maintained by the United States Government or an agency
9-32 thereof.
9-33 Sec. 16. NRS 449.160 is hereby amended to read as follows:
9-34 449.160 1. The Health Division may deny an application for
9-35 a license or may suspend or revoke any license issued under the
9-36 provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to
9-37 5, inclusive, of this act upon any of the following grounds:
9-38 (a) Violation by the applicant or the licensee of any of the
9-39 provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and
9-40 sections 2 to 5, inclusive, of this act, or of any other law of this state
9-41 or of the standards, rules and regulations adopted thereunder.
9-42 (b) Aiding, abetting or permitting the commission of any illegal
9-43 act.
10-1 (c) Conduct inimical to the public health, morals, welfare and
10-2 safety of the people of the State of Nevada in the maintenance and
10-3 operation of the premises for which a license is issued.
10-4 (d) Conduct or practice detrimental to the health or safety of the
10-5 occupants or employees of the facility.
10-6 (e) Failure of the applicant to obtain written approval from the
10-7 Director of the Department of Human Resources as required by
10-8 NRS 439A.100 or as provided in any regulation adopted pursuant to
10-9 this chapter, if such approval is required.
10-10 2. In addition to the provisions of subsection 1, the Health
10-11 Division may revoke a license to operate a facility for the dependent
10-12 if, with respect to that facility, the licensee that operates the facility,
10-13 or an agent or employee of the licensee:
10-14 (a) Is convicted of violating any of the provisions of
10-15 NRS 202.470;
10-16 (b) Is ordered to but fails to abate a nuisance pursuant to NRS
10-17 244.360, 244.3603 or 268.4124; or
10-18 (c) Is ordered by the appropriate governmental agency to correct
10-19 a violation of a building, safety or health code or regulation but fails
10-20 to correct the violation.
10-21 3. The Health Division shall maintain a log of any complaints
10-22 that it receives relating to activities for which the Health Division
10-23 may revoke the license to operate a facility for the dependent
10-24 pursuant to subsection 2.
10-25 4. On or before February 1 of each odd-numbered year, the
10-26 Health Division shall submit to the Director of the Legislative
10-27 Counsel Bureau a written report setting forth, for the previous
10-28 biennium:
10-29 (a) Any complaints included in the log maintained by the Health
10-30 Division pursuant to subsection 3; and
10-31 (b) Any disciplinary actions taken by the Health Division
10-32 pursuant to subsection 2.
10-33 Sec. 17. NRS 449.163 is hereby amended to read as follows:
10-34 449.163 1. If a medical facility or facility for the dependent
10-35 violates any provision related to its licensure, including any
10-36 provision of NRS 439B.410, 449.001 to 449.240, inclusive, and
10-37 sections 2 to 5, inclusive, of this act, or any condition, standard or
10-38 regulation adopted by the Board, the Health Division in accordance
10-39 with the regulations adopted pursuant to NRS 449.165 may:
10-40 (a) Prohibit the facility from admitting any patient until it
10-41 determines that the facility has corrected the violation;
10-42 (b) Limit the occupancy of the facility to the number of beds
10-43 occupied when the violation occurred, until it determines that the
10-44 facility has corrected the violation;
11-1 (c) Impose an administrative penalty of not more than $1,000
11-2 per day for each violation, together with interest thereon at a rate not
11-3 to exceed 10 percent per annum; and
11-4 (d) Appoint temporary management to oversee the operation of
11-5 the facility and to ensure the health and safety of the patients of the
11-6 facility, until:
11-7 (1) It determines that the facility has corrected the violation
11-8 and has management which is capable of ensuring continued
11-9 compliance with the applicable statutes, conditions, standards and
11-10 regulations; or
11-11 (2) Improvements are made to correct the violation.
11-12 2. If the facility fails to pay any administrative penalty imposed
11-13 pursuant to paragraph (c) of subsection 1, the Health Division may:
11-14 (a) Suspend the license of the facility until the administrative
11-15 penalty is paid; and
11-16 (b) Collect court costs, reasonable attorney’s fees and other
11-17 costs incurred to collect the administrative penalty.
11-18 3. The Health Division may require any facility that violates
11-19 any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and
11-20 sections 2 to 5, inclusive, of this act, or any condition, standard or
11-21 regulation adopted by the Board, to make any improvements
11-22 necessary to correct the violation.
11-23 4. Any money collected as administrative penalties pursuant to
11-24 this section must be accounted for separately and used to protect the
11-25 health or property of the residents of the facility in accordance with
11-26 applicable federal standards.
11-27 Sec. 18. NRS 449.176 is hereby amended to read as follows:
11-28 449.176 1. Each applicant for a license to operate a facility
11-29 for intermediate care, facility for skilled nursing , [or] residential
11-30 facility for groups or facility for assisted living shall submit to the
11-31 Central Repository for Nevada Records of Criminal History two
11-32 complete sets of fingerprints for submission to the Federal Bureau
11-33 of Investigation for its report.
11-34 2. The Central Repository for Nevada Records of Criminal
11-35 History shall determine whether the applicant has been convicted of
11-36 a crime listed in paragraph (a) of subsection 1 of NRS 449.188 and
11-37 immediately inform the administrator of the facility, if any, and the
11-38 Health Division of whether the applicant has been convicted of such
11-39 a crime.
11-40 Sec. 19. NRS 449.179 is hereby amended to read as follows:
11-41 449.179 1. Except as otherwise provided in subsection 2,
11-42 within 10 days after hiring an employee or entering into a contract
11-43 with an independent contractor, the administrator of, or the person
11-44 licensed to operate, an agency to provide nursing in the home, a
12-1 facility for intermediate care, a facility for skilled nursing , [or] a
12-2 residential facility for groups or a facility for assisted living shall:
12-3 (a) Obtain a written statement from the employee or independent
12-4 contractor stating whether he has been convicted of any crime listed
12-5 in NRS 449.188;
12-6 (b) Obtain an oral and written confirmation of the information
12-7 contained in the written statement obtained pursuant to
12-8 paragraph (a);
12-9 (c) Obtain from the employee or independent contractor two sets
12-10 of fingerprints and a written authorization to forward the
12-11 fingerprints to the Central Repository for Nevada Records of
12-12 Criminal History for submission to the Federal Bureau of
12-13 Investigation for its report; and
12-14 (d) Submit to the Central Repository for Nevada Records of
12-15 Criminal History the fingerprints obtained pursuant to paragraph (c).
12-16 2. The administrator of, or the person licensed to operate, an
12-17 agency to provide nursing in the home, a facility for intermediate
12-18 care, a facility for skilled nursing , [or] a residential facility for
12-19 groups or a facility for assisted living is not required to obtain the
12-20 information described in subsection 1 from an employee or
12-21 independent contractor who provides proof that an investigation of
12-22 his criminal history has been conducted by the Central Repository
12-23 for Nevada Records of Criminal History within the immediately
12-24 preceding 6 months and the investigation did not indicate that the
12-25 employee or independent contractor had been convicted of any
12-26 crime set forth in NRS 449.188.
12-27 3. The administrator of, or the person licensed to operate, an
12-28 agency to provide nursing in the home, a facility for intermediate
12-29 care, a facility for skilled nursing , [or] a residential facility for
12-30 groups or a facility for assisted living shall ensure that the criminal
12-31 history of each employee or independent contractor who works at
12-32 the agency or facility is investigated at least once every 5 years. The
12-33 administrator or person shall:
12-34 (a) If the agency or facility does not have the fingerprints of the
12-35 employee or independent contractor on file, obtain two sets of
12-36 fingerprints from the employee or independent contractor;
12-37 (b) Obtain written authorization from the employee or
12-38 independent contractor to forward the fingerprints on file or
12-39 obtained pursuant to paragraph (a) to the Central Repository for
12-40 Nevada Records of Criminal History for submission to the Federal
12-41 Bureau of Investigation for its report; and
12-42 (c) Submit the fingerprints to the Central Repository for Nevada
12-43 Records of Criminal History.
12-44 4. Upon receiving fingerprints submitted pursuant to this
12-45 section, the Central Repository for Nevada Records of Criminal
13-1 History shall determine whether the employee or independent
13-2 contractor has been convicted of a crime listed in NRS 449.188 and
13-3 immediately inform the Health Division and the administrator of, or
13-4 the person licensed to operate, the agency or facility at which the
13-5 person works whether the employee or independent contractor has
13-6 been convicted of such a crime.
13-7 5. The Central Repository for Nevada Records of Criminal
13-8 History may impose a fee upon an agency or a facility that submits
13-9 fingerprints pursuant to this section for the reasonable cost of the
13-10 investigation. The agency or facility may recover from the employee
13-11 or independent contractor not more than one-half of the fee imposed
13-12 by the Central Repository. If the agency or facility requires the
13-13 employee or independent contractor to pay for any part of the fee
13-14 imposed by the Central Repository, it shall allow the employee or
13-15 independent contractor to pay the amount through periodic
13-16 payments.
13-17 Sec. 20. NRS 449.182 is hereby amended to read as follows:
13-18 449.182 Each agency to provide nursing in the home, facility
13-19 for intermediate care, facility for skilled nursing , [and] residential
13-20 facility for groups and facility for assisted living shall maintain
13-21 accurate records of the information concerning its employees and
13-22 independent contractors collected pursuant to NRS 449.179, and
13-23 shall maintain a copy of the fingerprints submitted to the Central
13-24 Repository for Nevada Records of Criminal History and proof that it
13-25 submitted two sets of fingerprints to the Central Repository for its
13-26 report. These records must be made available for inspection by the
13-27 Health Division at any reasonable time and copies thereof must be
13-28 furnished to the Health Division upon request.
13-29 Sec. 21. NRS 449.185 is hereby amended to read as follows:
13-30 449.185 1. Upon receiving information from the Central
13-31 Repository for Nevada Records of Criminal History pursuant to
13-32 NRS 449.179, or evidence from any other source, that an employee
13-33 or independent contractor of an agency to provide nursing in the
13-34 home, a facility for intermediate care, a facility for skilled nursing ,
13-35 [or] a residential facility for groups or a facility for assisted living
13-36 has been convicted of a crime listed in paragraph (a) of subsection 1
13-37 of NRS 449.188, the administrator of, or the person licensed to
13-38 operate, the agency or facility shall terminate the employment or
13-39 contract of that person after allowing him time to correct the
13-40 information as required pursuant to subsection 2.
13-41 2. If an employee or independent contractor believes that the
13-42 information provided by the Central Repository is incorrect, he may
13-43 immediately inform the agency or facility. An agency or facility that
13-44 is so informed shall give the employee or independent contractor a
13-45 reasonable amount of time of not less than 30 days to correct the
14-1 information received from the Central Repository before terminating
14-2 the employment or contract of the person pursuant to subsection 1.
14-3 3. An agency or facility that has complied with NRS 449.179
14-4 may not be held civilly or criminally liable based solely upon the
14-5 ground that the agency or facility allowed an employee or
14-6 independent contractor to work:
14-7 (a) Before it received the information concerning the employee
14-8 or independent contractor from the Central Repository;
14-9 (b) During any period required pursuant to subsection 2 to allow
14-10 the employee or independent contractor to correct that information;
14-11 (c) Based on the information received from the Central
14-12 Repository, if the information received from the Central Repository
14-13 was inaccurate; or
14-14 (d) Any combination thereof.
14-15 An agency or facility may be held liable for any other conduct
14-16 determined to be negligent or unlawful.
14-17 Sec. 22. NRS 449.188 is hereby amended to read as follows:
14-18 449.188 1. In addition to the grounds listed in NRS 449.160,
14-19 the Health Division may deny a license to operate a facility for
14-20 intermediate care, facility for skilled nursing , [or] residential
14-21 facility for groups or facility for assisted living to an applicant or
14-22 may suspend or revoke the license of a licensee to operate such a
14-23 facility if:
14-24 (a) The applicant or licensee has been convicted of:
14-25 (1) Murder, voluntary manslaughter or mayhem;
14-26 (2) Assault with intent to kill or to commit sexual assault or
14-27 mayhem;
14-28 (3) Sexual assault, statutory sexual seduction, incest,
14-29 lewdness, indecent exposure or any other sexually related crime;
14-30 (4) Abuse or neglect of a child or contributory delinquency;
14-31 (5) A violation of any federal or state law regulating the
14-32 possession, distribution or use of any controlled substance or any
14-33 dangerous drug as defined in chapter 454 of NRS, within the past 7
14-34 years;
14-35 (6) A violation of any provision of NRS 200.50955 or
14-36 200.5099;
14-37 (7) Any offense involving fraud, theft, embezzlement,
14-38 burglary, robbery, fraudulent conversion or misappropriation of
14-39 property, within the immediately preceding 7 years; or
14-40 (8) Any other felony involving the use of a firearm or other
14-41 deadly weapon, within the immediately preceding 7 years; or
14-42 (b) The licensee has continued to employ a person who has been
14-43 convicted of a crime listed in paragraph (a).
14-44 2. In addition to the grounds listed in NRS 449.160, the Health
14-45 Division may deny a license to operate an agency to provide nursing
15-1 in the home to an applicant or may suspend or revoke the license of
15-2 a licensee to operate such an agency if the licensee has continued to
15-3 employ a person who has been convicted of a crime listed in
15-4 paragraph (a) of subsection 1.
15-5 Sec. 23. NRS 449.200 is hereby amended to read as follows:
15-6 449.200 The Health Division shall, upon request, disclose to
15-7 any person or governmental entity the results of its inspections of
15-8 facilities for skilled nursing, facilities for intermediate care , [and]
15-9 residential facilities for groups and facilities for assisted living
15-10 regarding their compliance with applicable regulations and
15-11 standards.
15-12 Sec. 24. NRS 449.210 is hereby amended to read as follows:
15-13 449.210 1. Except as otherwise provided in subsections 2 and
15-14 3, a person who operates a medical facility or facility for the
15-15 dependent without a license issued by the Health Division is guilty
15-16 of a misdemeanor.
15-17 2. A person who operates a residential facility for groups or a
15-18 facility for assisted living without a license issued by the Health
15-19 Division:
15-20 (a) Is liable for a civil penalty to be recovered by the Attorney
15-21 General in the name of the Health Division for the first offense of
15-22 not more than $10,000 and for a second or subsequent offense of not
15-23 less than $10,000 nor more than $20,000;
15-24 (b) Shall [be required to] move all of the persons who are
15-25 receiving services in the residential facility for groups or the facility
15-26 for assisted living to a residential facility for groups or to a facility
15-27 for assisted living that is licensed , depending on where the persons
15-28 were previously receiving services, at his own expense; and
15-29 (c) May not apply for a license to operate a residential facility
15-30 for groups or a facility for assisted living for a period of 6 months
15-31 after he is punished pursuant to this section.
15-32 3. Unless otherwise required by federal law, the Health
15-33 Division shall deposit all civil penalties collected pursuant to this
15-34 section into a separate account in the State General Fund to be used
15-35 for the protection of the health, safety and well-being of patients,
15-36 including residents of residential facilities for groups[.] and
15-37 residents of facilities for assisted living.
15-38 Sec. 25. NRS 449.230 is hereby amended to read as follows:
15-39 449.230 1. Any authorized member or employee of the
15-40 Health Division may enter and inspect any building or premises at
15-41 any time to secure compliance with or prevent a violation of any
15-42 provision of NRS 449.001 to 449.245, inclusive[.] , and sections 2
15-43 to 5, inclusive, of this act. For the purposes of this subsection,
15-44 “building or premises” does not include a mobile unit that is
15-45 operated by a medical facility which is accredited by the Joint
16-1 Commission on Accreditation of Healthcare Organizations or the
16-2 American Osteopathic Association.
16-3 2. The State Fire Marshal or his designee shall, upon receiving
16-4 a request from the Health Division or a written complaint
16-5 concerning compliance with the plans and requirements to respond
16-6 to an emergency adopted pursuant to subsection [7] 8 of
16-7 NRS 449.037:
16-8 (a) Enter and inspect [a] the residential facility for groups[;] or
16-9 the facility for assisted living; and
16-10 (b) Make recommendations regarding the adoption of plans and
16-11 requirements pursuant to subsection [7] 8 of NRS 449.037,
16-12 to ensure the safety of the residents of the facility in an emergency.
16-13 3. The State Health Officer or his designee shall enter and
16-14 inspect at least annually each [building] :
16-15 (a) Building or the premises of a residential facility for groups
16-16 to ensure compliance with standards for health and sanitation[.] ;
16-17 and
16-18 (b) Building or the premises of a facility for assisted living to
16-19 ensure compliance with standards for health and sanitation.
16-20 4. An authorized member or employee of the Health Division
16-21 shall enter and inspect any [building] :
16-22 (a) Building or premises operated by a residential facility for
16-23 groups within 72 hours after the Health Division is notified that a
16-24 residential facility for groups is operating without a license[.] ; and
16-25 (b) Building or premises operated by a facility for assisted
16-26 living within 72 hours after the Health Division is notified that a
16-27 facility for assisted living is operating without a license.
16-28 Sec. 26. NRS 427A.028 is hereby amended to read as follows:
16-29 427A.028 “Facility for long-term care” means:
16-30 1. A residential facility for groups as defined in NRS 449.017;
16-31 2. A facility for intermediate care as defined in NRS 449.0038;
16-32 3. A facility for skilled nursing as defined in NRS 449.0039;
16-33 [and]
16-34 4. A facility for assisted living as defined in section 2 of this
16-35 act; and
16-36 5. Any unlicensed establishment that provides food, shelter,
16-37 assistance and limited supervision to a resident.
16-38 Sec. 27. NRS 427A.175 is hereby amended to read as follows:
16-39 427A.175 1. Within 1 year after an older patient sustains
16-40 damage to his property as a result of any act or failure to act by a
16-41 facility for intermediate care, a facility for skilled nursing, a
16-42 residential facility for groups , a facility for assisted living or an
16-43 agency to provide nursing in the home in protecting the property,
16-44 the older patient may file a verified complaint with the Division
16-45 setting forth the details of the damage.
17-1 2. Upon receiving a verified complaint pursuant to subsection
17-2 1, the Administrator shall investigate the complaint and attempt to
17-3 settle the matter through arbitration, mediation or negotiation.
17-4 3. If a settlement is not reached pursuant to subsection 2, the
17-5 facility, agency or older patient may request a hearing before
17-6 the Specialist for the Rights of Elderly Persons. If requested, the
17-7 Specialist for the Rights of Elderly Persons shall conduct a hearing
17-8 to determine whether the facility or agency is liable for damages to
17-9 the patient. If the Specialist for the Rights of Elderly Persons
17-10 determines that the facility or agency is liable for damages to the
17-11 patient, he shall order the amount of the surety bond pursuant to
17-12 NRS 449.065 or the substitute for the surety bond necessary to pay
17-13 for the damages pursuant to NRS 449.067 to be released to the
17-14 Division. The Division shall pay any such amount to the older
17-15 patient or the estate of the older patient.
17-16 4. The Division shall create a separate account for money to be
17-17 collected and distributed pursuant to this section.
17-18 5. As used in this section:
17-19 (a) “Agency to provide nursing in the home” has the meaning
17-20 ascribed to it in NRS 449.0015;
17-21 (b) “Facility for assisted living” has the meaning ascribed to it
17-22 in section 2 of this act;
17-23 (c) “Facility for intermediate care” has the meaning ascribed to
17-24 it in NRS 449.0038;
17-25 [(c)] (d) “Facility for skilled nursing” has the meaning ascribed
17-26 to it in NRS 449.0039;
17-27 [(d)] (e) “Older patient” has the meaning ascribed to it in NRS
17-28 449.063; and
17-29 [(e)] (f) “Residential facility for groups” has the meaning
17-30 ascribed to it in NRS 449.017.
17-31 Sec. 28. NRS 427A.470 is hereby amended to read as follows:
17-32 427A.470 1. “Home” means residential living quarters
17-33 located in this state. The quarters may consist of a single dwelling
17-34 unit, or a unit which is an integral part of a larger complex such as a
17-35 multidwelling or a multipurpose building, together with the land
17-36 upon which the unit is built and any surrounding land, not to exceed
17-37 2 acres, and any outbuildings and facilities reasonably necessary for
17-38 use of the unit as residential living quarters.
17-39 2. The term includes:
17-40 (a) A mobile or manufactured home.
17-41 (b) A home, mobile or manufactured home or dwelling that the
17-42 claimant possesses under a contract of sale, deed of trust, life estate,
17-43 joint tenancy or tenancy in common.
17-44 (c) A residential facility for groups required to be licensed by
17-45 the Health Division of the Department of Human Resources
18-1 pursuant to NRS 449.001 to 449.240, inclusive[.] , and sections 2
18-2 to 5, inclusive, of this act.
18-3 (d) A facility for assisted living required to be licensed by the
18-4 Health Division of the Department of Human Resources pursuant
18-5 to NRS 449.001 to 449.240, inclusive, and sections 2 to 5,
18-6 inclusive, of this act.
18-7 (e) A dwelling within any housing project which has been
18-8 established pursuant to chapter 315 of NRS and for which the
18-9 housing authority makes payments in lieu of taxes.
18-10 3. The term does not include any part of the building or land
18-11 which is not used as living quarters by the claimant and spouse and
18-12 which produces income for the claimant or spouse, if the residential
18-13 living quarters are part of a multipurpose building.
18-14 Sec. 29. NRS 453.375 is hereby amended to read as follows:
18-15 453.375 A controlled substance may be possessed and
18-16 administered by the following persons:
18-17 1. A practitioner.
18-18 2. A registered nurse licensed to practice professional nursing
18-19 or licensed practical nurse, at the direction of a physician, physician
18-20 assistant, dentist, podiatric physician or advanced practitioner of
18-21 nursing, or pursuant to a chart order, for administration to a patient
18-22 at another location.
18-23 3. An advanced emergency medical technician:
18-24 (a) As authorized by regulation of:
18-25 (1) The State Board of Health in a county whose population
18-26 is less than 100,000; or
18-27 (2) A county or district board of health in a county whose
18-28 population is 100,000 or more; and
18-29 (b) In accordance with any applicable regulations of:
18-30 (1) The State Board of Health in a county whose population
18-31 is less than 100,000;
18-32 (2) A county board of health in a county whose population is
18-33 100,000 or more; or
18-34 (3) A district board of health created pursuant to NRS
18-35 439.370 in any county.
18-36 4. A respiratory therapist, at the direction of a physician or
18-37 physician assistant.
18-38 5. A medical student, student in training to become a physician
18-39 assistant or student nurse in the course of his studies at an approved
18-40 college of medicine or school of professional or practical nursing, at
18-41 the direction of a physician or physician assistant and:
18-42 (a) In the presence of a physician, physician assistant or a
18-43 registered nurse; or
18-44 (b) Under the supervision of a physician, physician assistant or a
18-45 registered nurse if the student is authorized by the college or school
19-1 to administer the substance outside the presence of a physician,
19-2 physician assistant or nurse.
19-3 A medical student or student nurse may administer a controlled
19-4 substance in the presence or under the supervision of a registered
19-5 nurse alone only if the circumstances are such that the registered
19-6 nurse would be authorized to administer it personally.
19-7 6. An ultimate user or any person whom the ultimate user
19-8 designates pursuant to a written agreement.
19-9 7. Any person designated by the head of a correctional
19-10 institution.
19-11 8. A veterinary technician at the direction of his supervising
19-12 veterinarian.
19-13 9. In accordance with applicable regulations of the State Board
19-14 of Health, an employee of a residential facility for groups, as
19-15 defined in NRS 449.017, pursuant to a written agreement entered
19-16 into by the ultimate user.
19-17 10. In accordance with applicable regulations of the State
19-18 Board of Health, an employee of a facility for assisted living, as
19-19 defined in section 2 of this act, pursuant to a written agreement
19-20 entered into by the ultimate user.
19-21 11. In accordance with applicable regulations of the State
19-22 Board of Pharmacy, an animal control officer, a wildlife biologist or
19-23 an employee designated by a federal, state or local governmental
19-24 agency whose duties include the control of domestic, wild and
19-25 predatory animals.
19-26 Sec. 30. NRS 454.213 is hereby amended to read as follows:
19-27 454.213 A drug or medicine referred to in NRS 454.181 to
19-28 454.371, inclusive, may be possessed and administered by:
19-29 1. A practitioner.
19-30 2. A physician assistant at the direction of his supervising
19-31 physician or a licensed dental hygienist acting in the office of and
19-32 under the supervision of a dentist.
19-33 3. Except as otherwise provided in subsection 4, a registered
19-34 nurse licensed to practice professional nursing or licensed practical
19-35 nurse, at the direction of a prescribing physician, physician assistant,
19-36 dentist, podiatric physician or advanced practitioner of nursing, or
19-37 pursuant to a chart order, for administration to a patient at another
19-38 location.
19-39 4. In accordance with applicable regulations of the Board, a
19-40 registered nurse licensed to practice professional nursing or licensed
19-41 practical nurse who is:
19-42 (a) Employed by a health care agency or health care facility that
19-43 is authorized to provide emergency care, or to respond to the
19-44 immediate needs of a patient, in the residence of the patient; and
20-1 (b) Acting under the direction of the medical director of that
20-2 agency or facility who works in this state.
20-3 5. An intermediate emergency medical technician or an
20-4 advanced emergency medical technician, as authorized by
20-5 regulation of the State Board of Pharmacy and in accordance with
20-6 any applicable regulations of:
20-7 (a) The State Board of Health in a county whose population is
20-8 less than 100,000;
20-9 (b) A county board of health in a county whose population is
20-10 100,000 or more; or
20-11 (c) A district board of health created pursuant to NRS 439.370
20-12 in any county.
20-13 6. A respiratory therapist employed in a health care facility.
20-14 The therapist may possess and administer respiratory products only
20-15 at the direction of a physician.
20-16 7. A dialysis technician, under the direction or supervision of a
20-17 physician or registered nurse only if the drug or medicine is used for
20-18 the process of renal dialysis.
20-19 8. A medical student or student nurse in the course of his
20-20 studies at an approved college of medicine or school of professional
20-21 or practical nursing, at the direction of a physician and:
20-22 (a) In the presence of a physician or a registered nurse; or
20-23 (b) Under the supervision of a physician or a registered nurse if
20-24 the student is authorized by the college or school to administer the
20-25 drug or medicine outside the presence of a physician or
20-26 nurse.
20-27 A medical student or student nurse may administer a dangerous drug
20-28 in the presence or under the supervision of a registered nurse alone
20-29 only if the circumstances are such that the registered nurse would be
20-30 authorized to administer it personally.
20-31 9. Any person designated by the head of a correctional
20-32 institution.
20-33 10. An ultimate user or any person designated by the ultimate
20-34 user pursuant to a written agreement.
20-35 11. A nuclear medicine technologist, at the direction of a
20-36 physician and in accordance with any conditions established by
20-37 regulation of the Board.
20-38 12. A radiologic technologist, at the direction of a physician
20-39 and in accordance with any conditions established by regulation of
20-40 the Board.
20-41 13. A chiropractic physician, but only if the drug or medicine
20-42 is a topical drug used for cooling and stretching external tissue
20-43 during therapeutic treatments.
20-44 14. A physical therapist, but only if the drug or medicine is a
20-45 topical drug which is:
21-1 (a) Used for cooling and stretching external tissue during
21-2 therapeutic treatments; and
21-3 (b) Prescribed by a licensed physician for:
21-4 (1) Iontophoresis; or
21-5 (2) The transmission of drugs through the skin using
21-6 ultrasound.
21-7 15. In accordance with applicable regulations of the State
21-8 Board of Health, an employee of a residential facility for groups, as
21-9 defined in NRS 449.017, pursuant to a written agreement entered
21-10 into by the ultimate user.
21-11 16. In accordance with applicable regulations of the State
21-12 Board of Health, an employee of a facility for assisted living, as
21-13 defined in section 2 of this act, pursuant to a written agreement
21-14 entered into by the ultimate user.
21-15 17. A veterinary technician at the direction of his supervising
21-16 veterinarian.
21-17 [17.] 18. In accordance with applicable regulations of the
21-18 Board, a registered pharmacist who:
21-19 (a) Is trained in and certified to carry out standards and practices
21-20 for immunization programs;
21-21 (b) Is authorized to administer immunizations pursuant to
21-22 written protocols from a physician; and
21-23 (c) Administers immunizations in compliance with the
21-24 “Standards of Immunization Practices” recommended and approved
21-25 by the United States Public Health Service Advisory Committee on
21-26 Immunization Practices.
21-27 Sec. 31. NRS 477.030 is hereby amended to read as follows:
21-28 477.030 1. Except as otherwise provided in this section, the
21-29 State Fire Marshal shall enforce all laws and adopt regulations
21-30 relating to:
21-31 (a) The prevention of fire.
21-32 (b) The storage and use of:
21-33 (1) Combustibles, flammables and fireworks; and
21-34 (2) Explosives in any commercial construction, but not in
21-35 mining or the control of avalanches,
21-36 under those circumstances that are not otherwise regulated by the
21-37 Division of Industrial Relations of the Department of Business and
21-38 Industry pursuant to NRS 618.890.
21-39 (c) The safety, access, means and adequacy of exit in case of fire
21-40 from mental and penal institutions, facilities for the care of children,
21-41 foster homes, residential facilities for groups, facilities for assisted
21-42 living, facilities for intermediate care, nursing homes, hospitals,
21-43 schools, all buildings, except private residences, which are occupied
21-44 for sleeping purposes, buildings used for public assembly and all
21-45 other buildings where large numbers of persons work, live or
22-1 congregate for any purpose. As used in this paragraph, “public
22-2 assembly” means a building or a portion of a building used for the
22-3 gathering together of 50 or more persons for purposes of
22-4 deliberation, education, instruction, worship, entertainment,
22-5 amusement or awaiting transportation, or the gathering together of
22-6 100 or more persons in establishments for drinking or dining.
22-7 (d) The suppression and punishment of arson and fraudulent
22-8 claims or practices in connection with fire losses.
22-9 The regulations of the State Fire Marshal apply throughout the State,
22-10 but, except with respect to state-owned or state-occupied buildings,
22-11 his authority to enforce them or conduct investigations under this
22-12 chapter does not extend to a county whose population is 100,000 or
22-13 more or which has been converted into a consolidated municipality,
22-14 except in those local jurisdictions in those counties where he is
22-15 requested to exercise that authority by the chief officer of the
22-16 organized fire department of that jurisdiction.
22-17 2. The State Fire Marshal may set standards for equipment and
22-18 appliances pertaining to fire safety or to be used for fire protection
22-19 within this state, including the threads used on fire hose couplings
22-20 and hydrant fittings.
22-21 3. The State Fire Marshal shall cooperate with the State
22-22 Forester Firewarden in the preparation of regulations relating to
22-23 standards for fire retardant roofing materials pursuant to paragraph
22-24 (e) of subsection 1 of NRS 472.040.
22-25 4. The State Fire Marshal shall cooperate with the Division of
22-26 Child and Family Services of the Department of Human Resources
22-27 in establishing reasonable minimum standards for overseeing the
22-28 safety of and directing the means and adequacy of exit in case of fire
22-29 from family foster homes and group foster homes.
22-30 5. The State Fire Marshal shall coordinate all activities
22-31 conducted pursuant to 15 U.S.C. §§ 2201 et seq. , and receive and
22-32 distribute money allocated by the United States pursuant to that act.
22-33 6. Except as otherwise provided in subsection 10, the State Fire
22-34 Marshal shall:
22-35 (a) Investigate any fire which occurs in a county other than one
22-36 whose population is 100,000 or more or which has been converted
22-37 into a consolidated municipality, and from which a death results or
22-38 which is of a suspicious nature.
22-39 (b) Investigate any fire which occurs in a county whose
22-40 population is 100,000 or more or which has been converted into a
22-41 consolidated municipality, and from which a death results or which
22-42 is of a suspicious nature, if requested to do so by the chief officer of
22-43 the fire department in whose jurisdiction the fire occurs.
22-44 (c) Cooperate with the Commissioner of Insurance, the Attorney
22-45 General and the Fraud Control Unit established pursuant to NRS
23-1 228.412 in any investigation of a fraudulent claim under an
23-2 insurance policy for any fire of a suspicious nature.
23-3 (d) Cooperate with any local fire department in the investigation
23-4 of any report received pursuant to NRS 629.045.
23-5 (e) Provide specialized training in investigating the causes of
23-6 fires if requested to do so by the chief officer of an organized fire
23-7 department.
23-8 7. The State Fire Marshal shall put the National Fire Incident
23-9 Reporting System into effect throughout the State and publish at
23-10 least annually a summary of data collected under the system.
23-11 8. The State Fire Marshal shall provide assistance and
23-12 materials to local authorities, upon request, for the establishment of
23-13 programs for public education and other fire prevention activities.
23-14 9. The State Fire Marshal shall:
23-15 (a) Assist in checking plans and specifications for construction;
23-16 (b) Provide specialized training to local fire departments; and
23-17 (c) Assist local governments in drafting regulations and
23-18 ordinances,
23-19 on request or as he deems necessary.
23-20 10. In a county other than one whose population is 100,000 or
23-21 more or which has been converted into a consolidated municipality,
23-22 the State Fire Marshal shall, upon request by a local government,
23-23 delegate to the local government by interlocal agreement all or a
23-24 portion of his authority or duties if the local government’s personnel
23-25 and programs are, as determined by the State Fire Marshal, equally
23-26 qualified to perform those functions. If a local government fails to
23-27 maintain the qualified personnel and programs in accordance with
23-28 such an agreement, the State Fire Marshal shall revoke the
23-29 agreement.
23-30 Sec. 32. Chapter 654 of NRS is hereby amended by adding
23-31 thereto the provisions set forth as sections 33 to 36, inclusive, of this
23-32 act.
23-33 Sec. 33. “Administrator of a facility for assisted living”
23-34 means a person who manages, supervises and is in general
23-35 administrative charge of a facility for assisted living.
23-36 Sec. 34. “Facility for assisted living” has the meaning
23-37 ascribed to it in section 2 of this act.
23-38 Sec. 35. Each applicant for licensure as an administrator of
23-39 a facility for assisted living pursuant to this chapter must:
23-40 1. Be at least 21 years of age;
23-41 2. Be a citizen of the United States or lawfully entitled to
23-42 remain and work in the United States;
23-43 3. Be of good moral character and physically and emotionally
23-44 capable of administering a facility for assisted living;
24-1 4. Have satisfactorily completed a course of instruction and
24-2 training prescribed or approved by the Board or be qualified by
24-3 reason of his education, training or experience to administer,
24-4 supervise and manage a facility for assisted living;
24-5 5. Pass an examination conducted and prescribed by the
24-6 Board;
24-7 6. Submit with his application:
24-8 (a) A complete set of his fingerprints and written permission
24-9 authorizing the Board to forward the fingerprints to the Federal
24-10 Bureau of Investigation for its report;
24-11 (b) A fee to cover the actual cost of obtaining the report from
24-12 the Federal Bureau of Investigation; and
24-13 (c) The statement required pursuant to NRS 654.145; and
24-14 7. Comply with such other standards and qualifications as the
24-15 Board prescribes.
24-16 Sec. 36. 1. Except as otherwise provided in subsection 2,
24-17 the Board may reinstate the license of an administrator of a
24-18 facility for assisted living that has been suspended by the Board if
24-19 a majority of the members of the Board vote in favor of the
24-20 reinstatement.
24-21 2. The Board may reinstate a license of an administrator of a
24-22 facility for assisted living that has been suspended pursuant to
24-23 NRS 425.540 only if the holder of the license complies with the
24-24 requirements for reinstatement set forth in NRS 654.193.
24-25 3. The Board may reinstate the license of an administrator of
24-26 a facility for assisted living that has been revoked by the Board if
24-27 all of the members of the Board vote in favor of reinstatement.
24-28 Sec. 37. NRS 654.010 is hereby amended to read as follows:
24-29 654.010 As used in this chapter, unless the context otherwise
24-30 requires, the words and terms defined in NRS 654.015 to 654.031,
24-31 inclusive, and sections 33 and 34 of this act have the meanings
24-32 ascribed to them in those sections.
24-33 Sec. 38. NRS 654.060 is hereby amended to read as follows:
24-34 654.060 1. The Governor shall appoint:
24-35 (a) Two members who are nursing facility administrators.
24-36 (b) One member who is an administrator of a residential facility
24-37 for groups with less than seven clients.
24-38 (c) One member who is an administrator of a residential facility
24-39 for groups with seven or more clients.
24-40 (d) One member who is an administrator of a facility for
24-41 assisted living.
24-42 (e) One member who is a member of the medical or paramedical
24-43 professions.
24-44 [(e)] (f) One member who is a representative of the general
24-45 public.
25-1 2. The member who is a representative of the general public
25-2 shall not participate in preparing, conducting or grading any
25-3 examination required by the Board.
25-4 Sec. 39. NRS 654.110 is hereby amended to read as follows:
25-5 654.110 1. The Board shall:
25-6 (a) Develop, impose and enforce standards which must be met
25-7 by persons to receive licenses as nursing facility administrators , [or]
25-8 administrators of residential facilities for groups[.] or
25-9 administrators of facilities for assisted living. The standards must
25-10 be designed to ensure that nursing facility administrators , [or]
25-11 persons acting as administrators of residential facilities for groups or
25-12 persons acting as administrators of facilities for assisted living will
25-13 be persons who are of good character and otherwise suitable, and
25-14 who, by training or experience in their respective fields of
25-15 administering health care facilities, are qualified to serve as nursing
25-16 facility administrators , [or] administrators of residential facilities
25-17 for groups[.] or administrators of facilities for assisted living.
25-18 (b) Develop and apply appropriate techniques, including
25-19 examinations and investigations, for determining whether a person
25-20 meets those standards.
25-21 (c) Issue licenses to persons determined, after the application of
25-22 appropriate techniques, to meet those standards.
25-23 (d) Revoke or suspend licenses previously issued by the Board
25-24 in any case if the person holding the license is determined
25-25 substantially to have failed to conform to the requirements of the
25-26 standards.
25-27 (e) Establish and carry out procedures designed to ensure that
25-28 persons licensed as nursing facility administrators , [or]
25-29 administrators of residential facilities for groups or administrators
25-30 of facilities for assisted living will, during any period they serve as
25-31 such, comply with the requirements of the standards.
25-32 (f) Receive, investigate and take appropriate action with respect
25-33 to any charge or complaint filed with the Board to the effect that any
25-34 person licensed as a nursing facility administrator , [or] an
25-35 administrator of a residential facility for groups or an administrator
25-36 of a facility for assisted living has failed to comply with the
25-37 requirements of the standards. The Board shall initiate an
25-38 investigation of any charge or complaint filed with the Board within
25-39 30 days after receiving the charge or complaint.
25-40 (g) Conduct a continuing study of:
25-41 (1) Facilities for skilled nursing, facilities for intermediate
25-42 care and their administrators; [and]
25-43 (2) Residential facilities for groups and their administrators
25-44 [,] ; and
26-1 (3) Facilities for assisted living and their
26-2 administrators,
26-3 with a view to the improvement of the standards imposed for the
26-4 licensing of administrators and of procedures and methods for the
26-5 enforcement of the standards.
26-6 (h) Conduct or approve, or both, a program of training and
26-7 instruction designed to enable all persons to obtain the qualifications
26-8 necessary to meet the standards set by the Board for qualification as
26-9 a nursing facility administrator , [or] an administrator of a
26-10 residential facility for groups[.] or an administrator of a facility for
26-11 assisted living.
26-12 2. All the records kept by the Board, not otherwise privileged,
26-13 are public records.
26-14 Sec. 40. NRS 654.130 is hereby amended to read as follows:
26-15 654.130 The Board shall:
26-16 1. Maintain a separate register of all applications for licensure
26-17 as a nursing facility administrator , [and] a separate register of all
26-18 applications for licensure as an administrator of a residential facility
26-19 for groups[.] and a separate register of all applications for
26-20 licensure as an administrator of a facility for assisted living. Each
26-21 register must include:
26-22 (a) The name, age and place of residence of the applicant.
26-23 (b) If the register is for:
26-24 (1) Nursing facility administrators, the name and address of
26-25 the facility for skilled nursing or facility for intermediate care of
26-26 which the applicant is to be administrator.
26-27 (2) Administrators of residential facilities for groups, the
26-28 name and address of each residential facility for groups of which the
26-29 applicant is to be administrator.
26-30 (3) Administrators of assisted living facilities, the name and
26-31 address of each facility for assisted living of which the applicant is
26-32 to be administrator.
26-33 (c) The date of the application.
26-34 (d) The date the application was reviewed and the action taken
26-35 on the application.
26-36 (e) The serial number of the license, if any, issued to the
26-37 applicant.
26-38 (f) Such other information as the Board may deem pertinent.
26-39 2. Maintain a separate register of all nursing facility
26-40 administrators , [and] a separate register of all administrators of
26-41 residential facilities for groups and a separate register of all
26-42 administrators of facilities for assisted living licensed pursuant to
26-43 this chapter showing the status of each license.
27-1 Sec. 41. NRS 654.140 is hereby amended to read as follows:
27-2 654.140 1. The Board shall prescribe and furnish an
27-3 application form for the use of all persons who desire to be licensed
27-4 pursuant to this chapter.
27-5 2. All applications filed with the Board must include the social
27-6 security number of the applicant and be accompanied by the
27-7 required fee fixed by the Board in an amount not to exceed:
27-8 (a) For an administrator of a residential facility for groups, $150.
27-9 (b) For an administrator of a facility for assisted living, $150.
27-10 (c) For a nursing facility administrator, $250.
27-11 3. The Board may fix and charge an additional fee to cover the
27-12 cost of administering the examinations if the Board determines that
27-13 there is not sufficient money from other sources to cover such costs.
27-14 Sec. 42. NRS 654.140 is hereby amended to read as follows:
27-15 654.140 1. The Board shall prescribe and furnish an
27-16 application form for the use of all persons who desire to be licensed
27-17 pursuant to this chapter.
27-18 2. All applications filed with the Board must be accompanied
27-19 by the required fee fixed by the Board in an amount not to exceed:
27-20 (a) For an administrator of a residential facility for groups, $150.
27-21 (b) For an administrator of a facility for assisted living, $150.
27-22 (c) For a nursing facility administrator, $250.
27-23 3. The Board may fix and charge an additional fee to cover the
27-24 cost of administering the examinations if the Board determines that
27-25 there is not sufficient other money to cover such costs.
27-26 Sec. 43. NRS 654.145 is hereby amended to read as follows:
27-27 654.145 1. An applicant for the issuance or renewal of a
27-28 license as a nursing facility administrator , [or] an administrator of a
27-29 residential facility for groups or an administrator of a facility for
27-30 assisted living shall submit to the Board the statement prescribed by
27-31 the Welfare Division of the Department of Human Resources
27-32 pursuant to NRS 425.520. The statement must be completed and
27-33 signed by the applicant.
27-34 2. The Board shall include the statement required pursuant to
27-35 subsection 1 in:
27-36 (a) The application or any other forms that must be submitted
27-37 for the issuance or renewal of the license; or
27-38 (b) A separate form prescribed by the Board.
27-39 3. A license as a nursing facility administrator , [or] an
27-40 administrator of a residential facility for groups or an administrator
27-41 of a facility for assisted living may not be issued or renewed by the
27-42 Board if the applicant:
27-43 (a) Fails to submit the statement required pursuant to subsection
27-44 1; or
28-1 (b) Indicates on the statement submitted pursuant to subsection
28-2 1 that he is subject to a court order for the support of a child and is
28-3 not in compliance with the order or a plan approved by the district
28-4 attorney or other public agency enforcing the order for the
28-5 repayment of the amount owed pursuant to the order.
28-6 4. If an applicant indicates on the statement submitted pursuant
28-7 to subsection 1 that he is subject to a court order for the support of a
28-8 child and is not in compliance with the order or a plan approved by
28-9 the district attorney or other public agency enforcing the order for
28-10 the repayment of the amount owed pursuant to the order, the Board
28-11 shall advise the applicant to contact the district attorney or other
28-12 public agency enforcing the order to determine the actions that the
28-13 applicant may take to satisfy the arrearage.
28-14 Sec. 44. NRS 654.170 is hereby amended to read as follows:
28-15 654.170 1. The Board shall issue a numbered license, in such
28-16 form as it may prescribe, to each applicant who meets the
28-17 requirements of NRS 654.150 or 654.155 or section 35 of this act
28-18 and shall affix its official seal to the license.
28-19 2. Each license issued by the Board pursuant to this chapter
28-20 expires 2 years after the last day of the calendar month in which it
28-21 was issued and may be renewed on or before that date biennially.
28-22 3. Any licensed nursing facility administrator , [or]
28-23 administrator of a residential facility for groups or administrator of
28-24 a facility for assisted living may renew his license by applying for
28-25 renewal in the manner prescribed by the Board, submitting the
28-26 statement required pursuant to NRS 654.145 and paying the renewal
28-27 fee fixed by the Board.
28-28 4. The Board shall, as a prerequisite for the renewal of a
28-29 license, require each holder to comply with the requirements for
28-30 continuing education adopted by the Board.
28-31 Sec. 45. NRS 654.170 is hereby amended to read as follows:
28-32 654.170 1. The Board shall issue a numbered license, in such
28-33 form as it may prescribe, to each applicant who meets the
28-34 requirements of NRS 654.150 or 654.155 or section 35 of this act
28-35 and shall affix its official seal to the license.
28-36 2. Each license issued by the Board pursuant to this chapter
28-37 expires 2 years after the last day of the calendar month in which it
28-38 was issued and may be renewed on or before that date biennially.
28-39 3. Any licensed nursing facility administrator , [or]
28-40 administrator of a residential facility for groups or administrator of
28-41 a facility for assisted living may renew his license by applying for
28-42 renewal in the manner prescribed by the Board and paying the
28-43 renewal fee fixed by the Board.
29-1 4. The Board shall, as a prerequisite for the renewal of a
29-2 license, require each holder to comply with the requirements for
29-3 continuing education adopted by the Board.
29-4 Sec. 46. NRS 654.180 is hereby amended to read as follows:
29-5 654.180 The Board may issue a license as a nursing facility
29-6 administrator , [or] an administrator of a residential facility for
29-7 groups[,] or an administrator of a facility for assisted living,
29-8 without examination, to any applicant who holds the same license
29-9 from another jurisdiction, if the Board finds that the standards for
29-10 licensure in the other jurisdiction are the substantial equivalent of
29-11 those prevailing in this state and that the applicant is otherwise
29-12 qualified.
29-13 Sec. 47. NRS 654.190 is hereby amended to read as follows:
29-14 654.190 1. The Board may, after notice and hearing, impose
29-15 an administrative fine of not more than $2,500 on and suspend or
29-16 revoke the license of any nursing facility administrator , [or]
29-17 administrator of a residential facility for groups or administrator of
29-18 a facility for assisted living who:
29-19 (a) Is convicted of a felony, or of any offense involving moral
29-20 turpitude.
29-21 (b) Has obtained his license by the use of fraud or deceit.
29-22 (c) Violates any of the provisions of this chapter.
29-23 (d) Aids or abets any person in the violation of any of the
29-24 provisions of NRS 449.001 to 449.240, inclusive, and sections 2 to
29-25 5, inclusive, of this act, as those provisions pertain to a facility for
29-26 skilled nursing, facility for intermediate care , [or] residential
29-27 facility for groups[.] or facility for assisted living.
29-28 (e) Violates any regulation of the Board prescribing additional
29-29 standards of conduct for nursing facility administrators , [or]
29-30 administrators of residential facilities for groups[.] or
29-31 administrators of facilities for assisted living.
29-32 2. The Board shall give a licensee against whom proceedings
29-33 are brought pursuant to this section written notice of a hearing not
29-34 less than 10 days before the date of the hearing.
29-35 3. If discipline is imposed pursuant to this section, the costs of
29-36 the proceeding, including investigative costs and attorney’s fees,
29-37 may be recovered by the Board.
29-38 Sec. 48. NRS 654.193 is hereby amended to read as follows:
29-39 654.193 1. If the Board receives a copy of a court order
29-40 issued pursuant to NRS 425.540 that provides for the suspension of
29-41 all professional, occupational and recreational licenses, certificates
29-42 and permits issued to a person who is the holder of a license as a
29-43 nursing facility administrator , [or] an administrator of a residential
29-44 facility for groups[,] or an administrator of a facility for assisted
29-45 living, the Board shall deem the license issued to that person to be
30-1 suspended at the end of the 30th day after the date on which the
30-2 court order was issued unless the Board receives a letter issued to
30-3 the holder of the license by the district attorney or other public
30-4 agency pursuant to NRS 425.550 stating that the holder of the
30-5 license has complied with the subpoena or warrant or has satisfied
30-6 the arrearage pursuant to NRS 425.560.
30-7 2. The Board shall reinstate a license as a nursing facility
30-8 administrator , [or] an administrator of a residential facility for
30-9 groups or an administrator of a facility for assisted living that has
30-10 been suspended by a district court pursuant to NRS 425.540 if the
30-11 Board receives a letter issued by the district attorney or other public
30-12 agency pursuant to NRS 425.550 to the person whose license was
30-13 suspended stating that the person whose license was suspended has
30-14 complied with the subpoena or warrant or has satisfied the arrearage
30-15 pursuant to NRS 425.560.
30-16 Sec. 49. NRS 654.200 is hereby amended to read as follows:
30-17 654.200 Any person who acts in the capacity of a nursing
30-18 facility administrator , [or] an administrator of a residential facility
30-19 for groups or an administrator of a facility for assisted living
30-20 without a license issued pursuant to the provisions of this chapter is
30-21 guilty of a misdemeanor.
30-22 Sec. 50. Section 35 of this act is hereby amended to read as
30-23 follows:
30-24 Sec. 35. Each applicant for licensure as an administrator
30-25 of a facility for assisted living pursuant to this chapter must:
30-26 1. Be at least 21 years of age;
30-27 2. Be a citizen of the United States or lawfully entitled to
30-28 remain and work in the United States;
30-29 3. Be of good moral character and physically and
30-30 emotionally capable of administering a facility for assisted
30-31 living;
30-32 4. Have satisfactorily completed a course of instruction
30-33 and training prescribed or approved by the Board or be
30-34 qualified by reason of his education, training or experience to
30-35 administer, supervise and manage a facility for assisted
30-36 living;
30-37 5. Pass an examination conducted and prescribed by the
30-38 Board;
30-39 6. Submit with his application:
30-40 (a) A complete set of his fingerprints and written
30-41 permission authorizing the Board to forward the fingerprints
30-42 to the Federal Bureau of Investigation for its report; and
31-1 (b) A fee to cover the actual cost of obtaining the report
31-2 from the Federal Bureau of Investigation; and
31-3 [(c) The statement required pursuant to NRS 654.145;
31-4 and]
31-5 7. Comply with such other standards and qualifications
31-6 as the Board prescribes.
31-7 Sec. 51. Section 36 of this act is hereby amended to read as
31-8 follows:
31-9 1. [Except as otherwise provided in subsection 2, the]
31-10 The Board may reinstate the license of an administrator of a
31-11 facility for assisted living that has been suspended by the
31-12 Board if a majority of the members of the Board vote in favor
31-13 of the reinstatement.
31-14 2. [The Board may reinstate a license of an administrator
31-15 of a facility for assisted living that has been suspended
31-16 pursuant to NRS 425.540 only if the holder of the license
31-17 complies with the requirements for reinstatement set forth in
31-18 NRS 654.193.
31-19 3.] The Board may reinstate the license of an
31-20 administrator of a facility for assisted living that has been
31-21 revoked by the Board if all of the members of the Board vote
31-22 in favor of reinstatement.
31-23 Sec. 52. 1. Sections 1 and 2 of chapter 81, Statutes of
31-24 Nevada 2001, at page 546, are hereby repealed.
31-25 2. Section 12.5 of chapter 517, Statutes of Nevada 2001, at
31-26 page 2522, is hereby repealed.
31-27 Sec. 53. The Governor shall make the appointment required by
31-28 the amendatory provisions of section 38 of this act as soon as
31-29 practicable after July 1, 2003. The term of that member expires on
31-30 October 30, 2005.
31-31 Sec. 54. 1. This section and sections 52 and 53 of this act
31-32 become effective upon passage and approval.
31-33 2. Sections 1 to 41, inclusive, 43, 44 and 46 to 49, inclusive, of
31-34 this act become effective:
31-35 (a) Upon passage and approval for the purposes of adopting
31-36 regulations; and
31-37 (b) On January 1, 2004, for all other purposes.
31-38 3. Sections 35, 36, 41, 43, 44 and 48 of this act expire by
31-39 limitation on the date on which the provisions of 42 U.S.C. § 666
31-40 requiring each state to establish procedures under which the state
31-41 has authority to withhold or suspend, or to restrict the use of
31-42 professional, occupational and recreational licenses of persons who:
32-1 (a) Have failed to comply with a subpoena or warrant relating to
32-2 a proceeding to determine the paternity of a child or to establish or
32-3 enforce an obligation for the support of a child; or
32-4 (b) Are in arrears in the payment for the support of one or more
32-5 children,
32-6 are repealed by the Congress of the United States.
32-7 4. Sections 42, 45, 50 and 51 of this act become effective on
32-8 the date on which the provisions of 42 U.S.C. § 666 requiring each
32-9 state to establish procedures under which the state has authority to
32-10 withhold or suspend, or to restrict the use of professional,
32-11 occupational and recreational licenses of persons who:
32-12 (a) Have failed to comply with a subpoena or warrant relating to
32-13 a proceeding to determine the paternity of a child or to establish or
32-14 enforce an obligation for the support of a child; or
32-15 (b) Are in arrears in the payment for the support of one or more
32-16 children,
32-17 are repealed by the Congress of the United States.
32-18 TEXT OF REPEALED SECTIONS
32-19 Section 1 of chapter 81, Statutes of Nevada 2001:
32-20 Section 1. NRS 449.017 is hereby amended to read as
32-21 follows:
32-22 449.017 1. Except as otherwise provided in subsection
32-23 2, “residential facility for groups” means an establishment
32-24 that furnishes food, shelter, assistance and limited
32-25 supervision to an aged, infirm, mentally retarded or
32-26 handicapped person. The term includes, without limitation,
32-27 an assisted living facility.
32-28 2. The term does not include:
32-29 (a) An establishment which provides care only during the
32-30 day;
32-31 (b) A natural person who provides care for no more than
32-32 two persons in his own home;
32-33 (c) A natural person who provides care for one or more
32-34 persons related to him within the third degree of
32-35 consanguinity or affinity; or
32-36 (d) A facility funded by a division or program of the
32-37 department of human resources.
32-38 Section 2 of chapter 81, Statutes of Nevada 2001:
32-39 Sec. 2. This act becomes effective on July 1, 2003.
33-1 Section 12.5 of chapter 517, Statutes of Nevada 2001:
33-2 Sec. 12.5. Section 1 of Senate Bill No. 74 of this session
33-3 is hereby amended to read as follows:
33-4 Section 1. NRS 449.017 is hereby amended to read
33-5 as follows:
33-6 449.017 1. Except as otherwise provided in
33-7 subsection 2, “residential facility for groups” means an
33-8 establishment that furnishes food, shelter, assistance and
33-9 limited supervision to an aged, infirm, mentally retarded
33-10 or handicapped person. The term includes, without
33-11 limitation, an assisted living facility.
33-12 2. The term does not include:
33-13 (a) An establishment which provides care only during
33-14 the day;
33-15 (b) A natural person who provides care for no more
33-16 than two persons in his own home;
33-17 (c) A natural person who provides care for one or
33-18 more persons related to him within the third degree of
33-19 consanguinity or affinity;
33-20 (d) A halfway house for alcohol and drug abusers; or
33-21 (e) A facility funded by a division or program of the
33-22 department of human resources.
33-23 H