2021 Statutes of Nevada, Pages 795-928

[Rev. 9/10/2021 11:30:38 AM]

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 795ê

CHAPTER 174, SB 379

Senate Bill No. 379–Committee on Health and Human Services

CHAPTER 174

[Approved: May 27, 2021]

AN ACT relating to health care; requiring the Director of the Department of Health and Human Services to establish and maintain a database comprising information concerning providers of health care who are licensed, certified or registered in this State and develop an electronic data request to collect data for inclusion in the database; requiring or authorizing certain professional licensing boards and agencies that license, certify or register providers of health care to make the data request available to applicants to renew such licensure, certification or registration; establishing the Health Care Workforce Working Group within the Department to analyze the information in the database and perform certain related duties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that the Department of Health and Human Services is the agency of the State of Nevada for health planning and development. (NRS 439A.081) Section 5 of this bill requires the Director of the Department to establish and maintain a database comprising information collected from certain applicants for the renewal of a license, certificate or registration as a provider of health care. Section 5 requires that information to include certain demographic information and certain information about the applicant’s practice. Section 5 also requires the Director of the Department to develop and make available to licensing boards that license, certify or register providers of health care an electronic data request to obtain information for inclusion in the database. Sections 12, 14-16, 24, 30, 32 and 33 of this bill require licensing boards that license, certify or register certain providers of health care to make the data request available to each applicant for the renewal of a license, certification or registration through a link on the electronic application form and request those applicants to submit the data request to the Director of the Department. Sections 9, 13, 17-20, 22, 23, 25-29, 35 and 36 of this bill authorize other licensing boards and governmental agencies that license or certify providers of health care to make the data request available to certain applicants and request those applicants to submit the data request to the Director of the Department upon the renewal of a license or certificate. Sections 9, 12-20, 22-30, 32, 33, 35 and 36 of this bill provide that an applicant from whom data is requested is not required to complete the request. Sections 11, 21, 31 and 34 of this bill make conforming changes.

Section 6 of this bill requires the Director to establish the Health Care Workforce Working Group. Section 7 of this bill prescribes the duties of the Working Group, which include: (1) analyzing the information contained in the database; and (2) making recommendations to professional licensing boards, the Legislature and certain state agencies concerning ways in which to attract more providers of health care to this State and improve health outcomes and public health.

Section 5 of this bill requires the Director to annually publish data from the database that does not contain information that could be used to identify a provider of health care. Section 5 also: (1) requires the Director to provide such data to the Working Group; and (2) authorizes the Working Group to disclose or publish that data under certain circumstances. Sections 5, 9, 10, 12-20, 22-30, 32, 33, 35 and 36 of this bill provide that information collected for submission to the database from providers of health care is otherwise confidential. Section 8 of this bill authorizes the Director to enter into contracts, apply for and accept gifts, grants and donations and adopt regulations to carry out the duties prescribed by this bill.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 796 (CHAPTER 174, SB 379)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

Sec. 3. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

Sec. 4. “Working Group” means the Healthcare Workforce Working Group established pursuant to section 6 of this act.

Sec. 5. 1. The Director shall establish and maintain a database of information collected from applicants for the renewal of a license, certificate or registration as a provider of health care. The information in the database must include, for each applicant from whom such information is collected:

(a) The type of license, certificate or registration held by the applicant;

(b) The race and ethnicity of the applicant;

(d) The specialty area in which the applicant practices;

(e) The county of this State in which the applicant spends the majority of his or her working hours;

(f) The address of each location at which the applicant practices or intends to practice and the percentage of working hours spent by the applicant at each location;

(g) The type of practice in which the applicant engages, including, without limitation, individual private practice, group private practice, multispecialty group private practice, government or nonprofit;

(h) The settings in which the applicant practices, including, without limitation, hospitals, clinics and academic settings;

(i) The education and primary and secondary specialties of the applicant;

(j) The average number of hours worked per week by the applicant and the total number of weeks worked by the applicant during the immediately preceding calendar year;

(k) The percentages of working hours during which the applicant engages in patient care and other activities, including, without limitation, teaching, research and administration;

(l) Any planned major changes to the practice of the applicant within the immediately following 5 years, including, without limitation, retirement, relocation or significant changes in working hours; and

(m) Any other information prescribed by regulation of the Director.

2. The Director shall develop and make available to each professional licensing board that licenses, certifies or registers providers of health care an electronic data request that solicits the information described in subsection 1 from an applicant for the renewal of such a license, certificate or registration.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 797 (CHAPTER 174, SB 379)ê

3. Except as otherwise provided in this subsection, information included in the database is confidential and not a public record. The Director shall:

(a) Take all necessary measures to ensure the confidentiality of the identity of providers of health care to whom information in the database pertains, including, without limitation, measures to ensure that the identity of a provider of health care is not ascertainable due to his or her reported profession or the reported location at which he or she practices.

(b) Make data from the database that does not contain any information that could be used to identify an applicant for or the holder of a license, certificate or registration as a provider of health care available to the Working Group. The Working Group may use such data to support the recommendations made pursuant to section 7 of this act or include such data in any report published pursuant to that section.

(c) Publish an annual report of data from the database that does not contain any information that could be used to identify an applicant for or holder of a license, certificate or registration as a provider of health care.

(d) Analyze the data in the database and make periodic reports to the Legislature, the Department and other agencies of the Executive Branch of the State Government concerning ways in which to:

(1) Attract more persons, including, without limitation, members of underrepresented groups, to pursue the education necessary to practice as a provider of health care and practice as a provider of health care in this State; and

(2) Improve health outcomes and public health in this State.

Sec. 6. 1. The Director shall establish the Health Care Workforce Working Group within the Department. The Director shall appoint to the Working Group providers of health care and representatives of:

(a) Groups that represent providers of health care and consumers of health care;

(b) The Nevada System of Higher Education, universities, state colleges, community colleges and other institutions in this State that train providers of health care;

(d) Professional licensing boards that license, certify or register providers of health care.

2. The Director shall appoint a Chair of the Working Group. The Working Group shall meet at the call of the Chair. A majority of the members of the Working Group constitutes a quorum and is required to transact any business of the Working Group.

3. The members of the Working Group serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

4. A member of the Working Group who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Working Group and perform any work necessary to carry out the duties of the Working Group in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Working Group to:

(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Working Group; or

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 798 (CHAPTER 174, SB 379)ê

(b) Take annual leave or compensatory time for the absence.

5. The Department shall provide such administrative support to the Working Group as is necessary to carry out the duties of the Working Group.

Sec. 7. 1. The Working Group shall:

(a) Make recommendations to the Director concerning the information included in the database pursuant to section 5 of this act;

(b) Analyze the information contained in the database; and

(c) Make recommendations to the Department of Health and Human Services, the Department of Education, the Board of Regents of the University of Nevada, the Legislature, professional licensing boards that license, certify or register providers of health care and other relevant persons and entities concerning ways in which to:

(2) Improve health outcomes and public health in this State.

2. The working group may publish reports of any of its findings or recommendations.

Sec. 8. 1. The Director may:

(a) Adopt any regulations necessary to carry out the provisions of sections 2 to 8, inclusive, of this act;

(b) Enter into any contracts or agreements necessary to carry out the provisions of sections 2 to 8, inclusive, of this act; and

(c) Apply for and accept any gifts, grants and donations to carry out the provisions of sections 2 to 8, inclusive, of this act.

2. If the Director enters into a contract or agreement pursuant to this section for the establishment or maintenance of the database, the analysis of data or the issuance of reports pursuant to section 5 of this act, the contract must provide the Director with unrestricted access to any data maintained by the contracting entity and any analysis or reporting performed by the contracting entity.

Sec. 9. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The health authority may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license as an attendant or a certificate as an emergency medical technician, advanced emergency medical technician or paramedic through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for a renewal of a license or certificate pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or certificate is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certificate, for failure to do so.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 799 (CHAPTER 174, SB 379)ê

Sec. 10. NRS 239.010 is hereby amended to read as follows:

239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238,

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 800 (CHAPTER 174, SB 379)ê

622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600 [,] and sections 5, 9, 12 to 20, inclusive, 22 to 30, inclusive, 32, 33, 35 and 36 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

(a) The public record:

(1) Was not created or prepared in an electronic format; and

(2) Is not available in an electronic format; or

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 801 (CHAPTER 174, SB 379)ê

(b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software; or

(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

Sec. 11. NRS 437.060 is hereby amended to read as follows:

437.060 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A person who is licensed to practice dentistry in this State;

3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

7. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive [;] , and section 26 of this act;

8. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

9. Any member of the clergy;

10. A family member of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or

11. A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,

Ê if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

Sec. 12. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for a biennial registration pursuant to NRS 630.267 or the renewal of a license pursuant to this chapter through a link on the electronic application for a biennial registration or the renewal of a license; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 802 (CHAPTER 174, SB 379)ê

renewal of a license pursuant to this chapter through a link on the electronic application for a biennial registration or the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for a biennial registration or the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for a biennial registration or the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to issue the biennial registration or renew the license, for failure to do so.

Sec. 13. Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or certificate pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

Sec. 14. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license, for failure to do so.

Sec. 15. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 803 (CHAPTER 174, SB 379)ê

applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 16. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 17. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 18. Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 804 (CHAPTER 174, SB 379)ê

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 19. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 20. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 21. NRS 636.250 is hereby amended to read as follows:

636.250 A license issued under this chapter or any former law must be renewed pursuant to the provisions of NRS 636.250 to 636.285, inclusive, and section 20 of this act before March 1 of each even-numbered year.

Sec. 22. Chapter 637 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 805 (CHAPTER 174, SB 379)ê

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 23. Chapter 637B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 24. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training through a link on the electronic application for the renewal of a registration; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a registration pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a registration is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the registration, for failure to do so.

Sec. 25. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 806 (CHAPTER 174, SB 379)ê

Sec. 26. Chapter 640A of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 27. Chapter 640B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 28. Chapter 640D of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 807 (CHAPTER 174, SB 379)ê

Sec. 29. Chapter 640E of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 30. Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or registration pursuant to this chapter through a link on the electronic application for the renewal of a license or registration; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or registration pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or registration is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or registration, for failure to do so.

Sec. 31. NRS 641.029 is hereby amended to read as follows:

641.029 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A person who is licensed to practice dentistry in this State;

3. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

4. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

5. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive [;] , and section 26 of this act;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 808 (CHAPTER 174, SB 379)ê

7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

8. A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 437 of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 437.040; or

9. Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

Sec. 32. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 33. Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board shall:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license pursuant to this chapter through a link on the electronic application for the renewal of a license; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 34. NRS 641B.040 is hereby amended to read as follows:

641B.040 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A nurse who is licensed to practice in this State;

3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 809 (CHAPTER 174, SB 379)ê

4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive [;] , and section 26 of this act;

7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor, or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

8. Any member of the clergy;

9. A county welfare director;

10. Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker; or

11. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.

Sec. 35. Chapter 641C of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Board may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or certificate pursuant to this chapter through a link on the electronic application for the renewal of a license or certificate; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

Sec. 36. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Division may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to section 5 of this act available to applicants for the renewal of a license or certification pursuant to this chapter through a link on the electronic application for the renewal of a license or certification; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 810 (CHAPTER 174, SB 379)ê

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or certification pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or certification is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certification, for failure to do so.

Sec. 37. 1. The Health Care Workforce Working Group established pursuant to section 6 of this act must hold its first meeting not later than October 1, 2021.

2. The Board of Medical Examiners, the Board of Dental Examiners of Nevada, the State Board of Nursing, the State Board of Osteopathic Medicine, the State Board of Pharmacy, the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors and the Board of Examiners for Social Workers shall make the data request developed by the Director of the Department of Health and Human Services available as required by section 12, 14, 15, 16, 24, 30, 32 or 33 of this act, as applicable, not later than July 1, 2022, or the date on which the Director of the Department of Health and Human Services notifies those boards that the data request has been developed.

Sec. 38. The provisions of section 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec. 39. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

Sec. 40. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 39, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On July 1, 2021, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 811ê

CHAPTER 175, SB 247

Senate Bill No. 247–Senator Dondero Loop

CHAPTER 175

[Approved: May 28, 2021]

AN ACT relating to apprenticeships; revising the mandatory criteria for approval and registration under certain circumstances; revising requirements for the approval and registration of a proposed program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

The federal National Apprenticeship Act of 1937 authorizes and directs the United States Secretary of Labor to: (1) formulate and promote the furtherance of labor standards to safeguard the welfare of apprentices; (2) encourage the inclusion of such standards in contracts of apprenticeship; (3) bring together employers and labor for the creation of programs of apprenticeship; and (4) cooperate with state agencies in the establishment and promotion of standards of apprenticeship. (29 U.S.C. § 50) The Secretary of Labor has adopted regulations implementing the National Apprenticeship Act which places the responsibility for accomplishing those goals in the United States Department of Labor, but authorizes the Department to delegate authority to administer certain portions of the regulations to states under certain circumstances where the apprenticeship laws of a state conform to the federal regulations and the entities of the state satisfy the requirements for recognition by the Department. (29 C.F.R. Part 29)

In 2008, the Secretary of Labor updated the federal regulations concerning apprenticeship and required participating states to conform their apprenticeship laws, regulations and policies to those federal regulations in order to continue or obtain federal recognition. (29 C.F.R. Part 29)

Under existing law, the apprenticeship program in Nevada is administered by the State Apprenticeship Director under the direction of the Executive Director of the Office of Workforce Innovation in the Office of the Governor and with the advice and guidance of the State Apprenticeship Council, which has the authority to approve and register or reject proposed programs of apprenticeship. (NRS 223.820, 610.110, 610.120)

Section 1 of this bill revises the definition of “program” to more closely conform to federal regulations. Section 2 of this bill revises existing statutory requirements for the approval and registration of such programs in conformity with federal regulations to enable them, with one exception, to be structured as: (1) a time-based program, which preserves the existing requirement that an apprentice acquire at least 2,000 hours of on-the-job learning; (2) a competency-based program that measures skill acquisition through an apprentice’s successful demonstration of acquired skills and knowledge; or (3) a hybrid approach that combines elements of both. An apprentice program in the construction trades is required to be structured as a time-based program. Section 2 also: (1) prohibits the Council from approving a program that is proposed in a skilled trade for which there is already a program that has been approved and registered by the Council unless the program requires the completion of at least as many hours of on-the-job learning or at least the same number and quality of skills as all existing programs; and (2) prescribes the elements that the Council is required to consider to determine whether to approve or reject such a program.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 812 (CHAPTER 175, SB 247)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 610.010 is hereby amended to read as follows:

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

1. “Agreement” means a written and signed agreement of indenture as an apprentice.

2. “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

3. “Council” means the State Apprenticeship Council created by NRS 610.030.

4. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

(b) A record of such an impairment; or

5. “Executive Director” means the Executive Director of the Office of Workforce Innovation.

6. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

7. “Office of Workforce Innovation” means the Office of Workforce Innovation in the Office of the Governor created by NRS 223.800.

8. “Program” means a program of training and instruction as an apprentice in an apprenticeable occupation [in which a person may be apprenticed.] , as defined in 29 C.F.R. § 29.4.

9. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

10. “State Apprenticeship Director” means the person appointed pursuant to NRS 610.110.

Sec. 2. NRS 610.144 is hereby amended to read as follows:

610.144 1. To be eligible for registration and approval by the Council, a proposed program must:

[1.] (a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation [in which a person may be apprenticed] , as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.

[2.] (b) Except as otherwise provided in this paragraph, use a:

(1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i);

(2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii); or

(3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii).

Ê A program for a construction trade must use a time-based approach.

[(a)] (1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;

[(b)] (2) A method of selection authorized in 29 C.F.R. § 30.10;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 813 (CHAPTER 175, SB 247)ê

[(c)] (3) A nondiscriminatory pool for application as an apprentice; or

[(d)] (4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.

[3.] (d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.

(e) Contain:

[(a)] (1) Provisions concerning the employment and training of the apprentice in a skilled trade;

[(b)] (2) A term of apprenticeship that:

(I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of [work experience,] on-the-job learning, consistent with training requirements as established by practice in the trade;

[(c)] (II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by an apprentice and addresses how on-the-job learning will be integrated into the program; or

(III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;

(3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

[(d)] (4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

[(e)] (5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations , [or] by a collective bargaining agreement [;] or by the minimum apprentice wage established by the Council;

[(f)] (6) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;

[(g)] (7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application ; [in terms of job sites, workforces, departments or plants;

(h)] (8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

[(i)] (9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

[(j)] (10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 814 (CHAPTER 175, SB 247)ê

[(k)] (11) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;

[(l)] (12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

[(m)] (13) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

[(n)] (14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

[(o)] (15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

[(p)] (16) An identification of the Office of Workforce Innovation as the agency for registration of the program;

[(q)] (17) Provisions for the registration of agreements and of modifications and amendments thereto;

[(r)] (18) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

[(s)] (19) Provisions for the termination of an agreement during the probationary period by either party without cause;

[(t)] (20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;

[(u)] (21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and

[(v)] (22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.

2. If a program of apprenticeship in a skilled trade is proposed by an employer or association of employers for approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.

3. To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:

(a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 815 (CHAPTER 175, SB 247)ê

(b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;

(d) Dictionaries of occupational titles;

(e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;

(f) Recognized labor and management practices in the relevant industry;

(g) Scope of work descriptions issued by the Office of Workforce Innovation and the United States Department of Labor; and

(h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.

Ê The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.

________

CHAPTER 176, AB 227

Assembly Bill No. 227–Assemblywoman Carlton

CHAPTER 176

[Approved: May 28, 2021]

AN ACT relating to contractors; setting forth the persons who may perform certain types of work for a contractor; revising the grounds for disciplinary action against a licensee by the State Contractors’ Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law generally requires a person to be licensed as a contractor to engage in the business of constructing, altering or repairing any structure or other improvement. (NRS 624.020, 624.700) Sections 1 and 2 of this bill set forth: (1) the persons who may perform work that requires a contractor’s license; and (2) the persons who may perform for a contractor work that does not require a contractor’s license.

Existing law sets forth certain acts which constitute cause for disciplinary action against a licensed contractor by the State Contractors’ Board. (NRS 624.3015) Section 3 of this bill: (1) revises the list of acts to include entering into an agreement with a natural person who is not an employee of the licensed contractor and not licensed as a contractor to perform for the licensed contractor any work which requires a contractor’s license; and (2) provides that in addition to any disciplinary or other action that may be taken against the licensed contractor, such an agreement is void and unenforceable.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 816 (CHAPTER 176, AB 227)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A contractor may perform work that requires a contractor’s license:

(a) Himself, herself or itself; or

(b) By or through an employee or employees of the contractor or of another contractor.

2. Work that does not require a contractor’s license may be performed for and under the direction and control of a contractor by a person who is:

(a) Described in subsection 1; or

(b) Employed by a private employment agency that is licensed by the Labor Commissioner pursuant to NRS 611.040.

3. As used in subsection 1, “employee” has the meaning ascribed to it in subsection 6 of NRS 624.020.

Sec. 2. NRS 624.020 is hereby amended to read as follows:

624.020 1. “Contractor” is synonymous with “builder.”

2. A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in a professional capacity, who [in any capacity other than as the employee of another with wages as the sole compensation,] undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself , [or] herself or itself or by or through [others,] an employee or employees of the contractor or of another contractor, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this State as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.

3. A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

4. A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.

5. A contractor does not include an owner of a planned unit development who enters into one or more oral or written agreements with one or more general building contractors or general engineering contractors to construct a work of improvement in the planned unit development if the general building contractors or general engineering contractors are licensed pursuant to this chapter and contract with the owner of the planned unit development to construct the entire work of improvement.

6. As used in subsection 2, “employee” means a natural person who:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 817 (CHAPTER 176, AB 227)ê

(a) Works under the direction and control of a contractor; and

(b) For federal income tax purposes:

(1) Is required by the contractor to complete a Form W-4 for the withholding of federal income taxes from wages paid to the person by the contractor; and

(2) Is provided at the end of each year a Form W-2 for the reporting of wages paid to the person by the contractor.

Sec. 3. NRS 624.3015 is hereby amended to read as follows:

624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

1. Acting in the capacity of a contractor beyond the scope of the license.

2. Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the Board.

3. Knowingly bidding to contract or entering into a contract with a contractor for work in excess of his or her limit or beyond the scope of his or her license.

4. Knowingly entering into a contract with a contractor while that contractor is not licensed.

5. Constructing or repairing a mobile home, manufactured home, manufactured building or commercial coach or factory-built housing unless the contractor:

(a) Is licensed pursuant to NRS 489.311;

(b) Owns, leases or rents the mobile home, manufactured home, manufactured building, commercial coach or factory-built housing; or

6. Engaging in any work or activities that require a contractor’s license while the license is placed on inactive status pursuant to NRS 624.282.

7. Entering into any agreement, oral or written, express or implied, with a natural person who is not an employee of the licensee and not licensed as a contractor by which that person, either directly or through any person employed by that person, agrees to perform for the licensee any work which requires a contractor’s license. In addition to any disciplinary or other action that may be taken against a licensee pursuant to this subsection, any agreement described by this subsection is void and unenforceable.

8. As used in subsection 7, “employee” has the meaning ascribed to it in subsection 6 of NRS 624.020.

Sec. 4. 1. This section becomes effective upon passage and approval.

2. Sections 1, 2 and 3 of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On October 1, 2021, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 818ê

CHAPTER 177, AB 166

Assembly Bill No. 166–Assemblyman Hafen

CHAPTER 177

[Approved: May 28, 2021]

AN ACT relating to campaign practices; requiring, under certain circumstances, a person, committee for political action, political party or committee sponsored by a political party to disclose certain information when advocating expressly for or against a candidate or group of candidates or soliciting a contribution by text message; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through any type of general public political advertising that advocates expressly the election or defeat of a clearly identified candidate or group of candidates, or solicits a contribution, to disclose on the communication the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication. (NRS 294A.348) This bill requires a person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through text message that advocates expressly the election or defeat of a clearly identified candidate or group of candidates, or solicits a contribution, to disclose in the text message the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 294A.348 is hereby amended to read as follows:

294A.348 1. Except as otherwise provided in NRS 294A.349, a person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising that:

(a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

(b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising,

Ê shall disclose on the communication the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

2. Except as otherwise provided in NRS 294A.349, if a communication described in subsection 1 is approved by a candidate, in addition to the requirements of subsection 1, the communication must state that the candidate approved the communication and disclose the street address, telephone number and Internet address, if any, of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 819 (CHAPTER 177, AB 166)ê

candidate approved the communication and disclose the street address, telephone number and Internet address, if any, of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

3. A person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through text message that:

(a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

(b) Solicits a contribution,

Ê shall disclose in the text message the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

4. A person, committee for political action, political party or committee sponsored by a political party that has an Internet website available for viewing by the general public or that sends out an electronic mailing to more than 500 people that:

(a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

(b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising,

Ê shall disclose on the Internet website or electronic mailing, as applicable, the name of the person, committee for political action, political party or committee sponsored by a political party.

[4.] 5. The disclosures and statements required pursuant to this section must be clear and conspicuous, and easy to read or hear, as applicable.

Sec. 2. 1. This section is effective upon passage and approval.

2. Section 1 of this act becomes effective:

(a) Upon passage and approval for the purposes of adopting regulations and any other preparatory measures; and

(b) On January 1, 2022, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 820ê

CHAPTER 178, AB 360

Assembly Bill No. 360–Assemblymen Hafen; and Hardy

CHAPTER 178

[Approved: May 28, 2021]

AN ACT relating to tobacco products; requiring a person to conduct age verification through enhanced controls before selling cigarettes, cigarette paper or other tobacco products to a person under 40 years of age; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a child under the age of 18 years. (NRS 202.24935, 370.521) Section 5 of this bill prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a person under 40 years of age without first conducting age verification through enhanced controls to verify that the person is at least 18 years of age and imposes a civil penalty of $100 on a person who fails to do so.

Section 6 of this bill makes a conforming change.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-4. (Deleted by amendment.)

Sec. 5. NRS 370.521 is hereby amended to read as follows:

370.521 1. Except as otherwise provided in subsections 2 and [3,] 4, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any child under the age of 18 years.

2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper or other tobacco products, the person:

(a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;

(b) Is presented a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older; and

(c) Reasonably relies upon the driver’s license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.

3. A person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 18 years of age or older. A person who violates this subsection is liable for a civil penalty of $100 for each offense.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 821 (CHAPTER 178, AB 360)ê

4. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport cigarettes, cigarette paper or other tobacco products, in the course of the child’s lawful employment, provide cigarettes, cigarette paper or other tobacco products to the child.

[4.] 5. A person who violates [this section] subsection 1 is liable for a civil penalty of:

(a) For the first violation within a 24-month period, $100.

(b) For the second violation within a 24-month period, $250.

[5.] 6. If an employee or agent of a licensee has violated [this section:] subsection 1:

(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.

(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.

(c) For the fourth violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $1,250.

(d) For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500.

[6.] 7. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:

(a) The location at which the violation occurred;

(b) The date and time of the violation;

(d) The signature of the person who issued the notice of infraction;

(e) A copy of the section which allegedly is being violated;

(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and

(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.

[7.] 8. A notice of infraction issued pursuant to subsection [6] 7 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.

[8.] 9. A person to whom a notice of infraction is issued pursuant to subsection [6] 7 shall respond to the notice by:

(a) Admitting the violation stated in the notice and paying to the Department the applicable civil penalty set forth in subsection [4 or] 3, 5 [.] or 6.

(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 822 (CHAPTER 178, AB 360)ê

[9.] 10. Any money collected by the Department from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.

[10.] 11. As used in this section, “licensee” means a person who holds a license issued by the Department pursuant to this chapter.

Sec. 6. NRS 202.24935 is hereby amended to read as follows:

202.24935 1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a child under the age of 18 years through the use of a computer network, telephonic network or other electronic network.

2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection [9] 10 of NRS 370.521.

3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products through the use of a computer network, telephonic network or electronic network shall:

(a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or, if the items being shipped are not cigarettes, the words “tobacco products.”

(b) Perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:

(1) Requires the customer to:

(I) Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records; or

(II) Upload a copy of a government-issued identification card that includes a photograph of the customer; and

(2) Sends the package containing the items to the name and address of the customer who ordered the items.

Sec. 7. This act becomes effective on January 1, 2023.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 823ê

CHAPTER 179, AB 178

Assembly Bill No. 178–Assemblywomen Hardy, Titus; and Tolles

Joint Sponsors: Senators Hardy; Buck and Hammond

CHAPTER 179

[Approved: May 28, 2021]

AN ACT relating to prescription drugs; requiring an insurer to take certain actions relating to the acquisition of prescription drugs for an insured who resides in an area for which a declared disaster or state of emergency is in effect; authorizing a pharmacist to dispense a prescription drug to a patient who resides in such an area in an amount greater than is authorized by the prescribing practitioner under certain conditions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the Governor or the Legislature to declare a state of emergency or issue a declaration of disaster upon a finding that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State. (NRS 414.070) Sections 1, 3, 4, 6-9, 11, 12 and 14-16 of this bill require insurers, including Medicaid, the Public Employees’ Benefits Program and local governments that provide coverage for their employees, to: (1) waive any restrictions on the time period within which a prescription may be refilled for an insured who resides in the area to which a state of emergency or declaration of disaster applies if the insured requests the refill within a certain time; and (2) authorize payment for a supply of a covered prescription drug for up to 30 days for any insured who requests a refill under those conditions. Sections 1, 3, 4, 6-8, 11, 12 and 16 of this bill additionally authorize the Commissioner of Insurance to extend those time periods as he or she determines necessary. Sections 2, 5, 10, 13, 17 and 18 of this bill make conforming changes to indicate the placement of sections 1, 4, 8 and 16 in the Nevada Revised Statutes.

Existing law generally authorizes a pharmacist to refill a prescription only for the number of times authorized or for the period authorized by the prescribing practitioner. (NRS 639.2396) Sections 19 and 20 of this bill create an exception to this rule to allow a pharmacist to fill or refill a prescription in an amount that is greater than the amount authorized by the prescribing practitioner but does not exceed a 30-day supply of the drug if: (1) the drug is not a controlled substance listed in schedule II; (2) the patient resides in an area to which a state of emergency or declaration of disaster applies; and (3) certain other requirements are met. Section 19 requires a pharmacist who dispenses a drug under those conditions to issue and maintain a written order for the dispensing of the drug and to notify the prescribing practitioner.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, an insurer who has issued a policy of health insurance which provides coverage for prescription drugs shall, notwithstanding any provision of the policy to the contrary:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 824 (CHAPTER 179, AB 178)ê

which provides coverage for prescription drugs shall, notwithstanding any provision of the policy to the contrary:

(a) Waive any provision of the policy restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

(b) Authorize payment for, and may apply a copayment, coinsurance or deductible to, a supply of a covered prescription drug for up to 30 days for an insured who resides in the area for which the emergency or disaster has been declared.

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 2. NRS 689A.330 is hereby amended to read as follows:

689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, an insurer who has issued a policy of group health insurance which provides coverage for prescription drugs shall, notwithstanding any provision of the policy to the contrary:

(a) Waive any provision of the policy restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

(b) Authorize payment for, and may apply a copayment, coinsurance or deductible to, a supply of a covered prescription drug for up to 30 days for an insured who requests a refill pursuant to paragraph (a).

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 825 (CHAPTER 179, AB 178)ê

Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a carrier who has issued a health benefit plan which provides coverage for prescription drugs shall, notwithstanding any provision of the plan to the contrary:

(a) Waive any provision of the health benefit plan restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 5. NRS 689C.425 is hereby amended to read as follows:

689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a society who has issued a benefit contract which provides coverage for prescription drugs shall, notwithstanding any provision of the benefit contract to the contrary:

(a) Waive any provision of the benefit contract restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 826 (CHAPTER 179, AB 178)ê

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a hospital or medical services corporation who has issued a policy of health insurance which provides coverage for prescription drugs shall, notwithstanding any provision of the policy to the contrary:

(a) Waive any provision of the policy restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a health maintenance organization who has issued a health care plan which provides coverage for prescription drugs shall, notwithstanding any provision of the health care plan to the contrary:

(a) Waive any provision of the health care plan restricting the time within which an enrollee may refill a covered prescription if the enrollee:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

(b) Authorize payment for, and may apply a copayment, coinsurance or deductible to, a supply of a covered prescription drug for up to 30 days for an enrollee who requests a refill pursuant to paragraph (a).

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 9. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 827 (CHAPTER 179, AB 178)ê

to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

5. The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 and section 8 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

Sec. 10. NRS 695C.330 is hereby amended to read as follows:

695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act or 695C.207;

(d) The Commissioner certifies that the health maintenance organization:

(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 828 (CHAPTER 179, AB 178)ê

(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;

(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

Sec. 11. Chapter 695F of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a prepaid limited health service organization who has issued evidence of coverage which provides coverage for prescription drugs shall, notwithstanding any provision of the evidence of coverage to the contrary:

(a) Waive any provision of the evidence of coverage restricting the time within which an enrollee may refill a covered prescription if the enrollee:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 829 (CHAPTER 179, AB 178)ê

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 12. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a managed care organization who has issued a health care plan which provides coverage for prescription drugs shall, notwithstanding any provision of the health care plan to the contrary:

(a) Waive any provision of the health care plan restricting the time within which an insured may refill a covered prescription if the insured:

(1) Has not exceeded the number of refills authorized by the prescribing practitioner;

(2) Resides in the area for which the emergency or disaster has been declared; and

(3) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later; and

2. The Commissioner may extend the time periods prescribed by subsection 1 in increments of 15 or 30 days as he or she determines to be necessary.

3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 13. NRS 232.320 is hereby amended to read as follows:

232.320 1. The Director:

(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

(1) The Administrator of the Aging and Disability Services Division;

(2) The Administrator of the Division of Welfare and Supportive Services;

(3) The Administrator of the Division of Child and Family Services;

(4) The Administrator of the Division of Health Care Financing and Policy; and

(5) The Administrator of the Division of Public and Behavioral Health.

(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 16 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 830 (CHAPTER 179, AB 178)ê

(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

(2) Set forth priorities for the provision of those services;

(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

(f) Has such other powers and duties as are provided by law.

2. Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

Sec. 14. NRS 287.010 is hereby amended to read as follows:

287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 831 (CHAPTER 179, AB 178)ê

defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 3 of this act, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

5. A contract that is entered into pursuant to subsection 3:

(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

(b) Does not become effective unless approved by the Commissioner.

6. As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 832 (CHAPTER 179, AB 178)ê

Sec. 15. NRS 287.04335 is hereby amended to read as follows:

287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405 [,] and section 12 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

Sec. 16. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Department shall ensure that, if the Governor or the Legislature proclaims the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070, a recipient of Medicaid may refill a covered prescription regardless of how many days are remaining on the prescription if the recipient:

(a) Has not exceeded the number of refills authorized by the prescribing practitioner;

(b) Resides in the area for which the emergency or disaster has been declared; and

(c) Requests the refill not later than the end of the state of emergency or disaster or 30 days after the issuance of the proclamation or declaration, whichever is later.

2. The State shall, subject to any applicable copayments, coinsurance or deductibles, pay the nonfederal share of the cost for a supply of a covered prescription drug for up to 30 days for any recipient of Medicaid who requests a refill pursuant to subsection 1.

3. If the Commissioner of Insurance extends the time periods prescribed by sections 8 and 12 of this act, the Department must extend the time periods prescribed by this section for the same amount of time.

4. As used in this section, “practitioner” has the meaning ascribed to it in NRS 639.0125.

Sec. 17. NRS 422.401 is hereby amended to read as follows:

422.401 As used in NRS 422.401 to 422.406, inclusive, and section 16 of this act, unless the context otherwise requires, the words and terms defined in NRS 422.4015 to 422.4024, inclusive, have the meanings ascribed to them in those sections.

Sec. 18. NRS 422.406 is hereby amended to read as follows:

422.406 1. The Department may, to carry out its duties set forth in NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and section 16 of this act and to administer the provisions of those sections:

(a) Adopt regulations; and

(b) Enter into contracts for any services.

2. Any regulations adopted by the Department pursuant to NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and section 16 of this act must be adopted in accordance with the provisions of chapter 241 of NRS.

Sec. 19. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A pharmacist may, pursuant to a valid prescription that specifies an initial amount of less than a 30-day supply of a drug that is not a controlled substance listed in schedule II or periodic refills of an amount less than a 30-day supply of such a drug, dispense an amount of the drug that exceeds the amount authorized by the prescribing practitioner but does not exceed a 30-day supply of the drug if:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 833 (CHAPTER 179, AB 178)ê

that exceeds the amount authorized by the prescribing practitioner but does not exceed a 30-day supply of the drug if:

(a) The Governor or the Legislature has proclaimed the existence of a state of emergency or issues a declaration of disaster pursuant to NRS 414.070;

(b) The patient resides in the area to which the state of emergency or declaration of disaster applies;

(1) The drug is necessary for the maintenance of life or the continuation of therapy for a chronic condition; and

(2) Interruption of therapy using the drug may be detrimental to the health of the patient or produce physical or mental discomfort.

2. A pharmacist who dispenses a drug pursuant to subsection 1 shall:

(a) Issue and sign a written order for the dispensing of the drug that contains the information described in subsection 2 of NRS 639.2353. The order must be maintained in the same manner as a prescription and shall be deemed to be equivalent to a prescription.

(b) Notify the prescribing practitioner not later than 48 hours after issuing the prescription.

Sec. 20. NRS 639.2396 is hereby amended to read as follows:

639.2396 1. Except as otherwise provided by subsection 2 [,] and section 19 of this act, a prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he or she issued the original prescription, or a prescription which bears authorization permitting the pharmacist to refill the prescription as needed by the patient, may be refilled for the number of times authorized or for the period authorized if it was refilled in accordance with the number of doses ordered and the directions for use.

2. Except as otherwise provided in NRS 639.28075, a pharmacist may, in his or her professional judgment and pursuant to a valid prescription that specifies an initial amount of less than a 90-day supply of a drug other than a controlled substance followed by periodic refills of the initial amount of the drug, dispense not more than a 90-day supply of the drug if:

(a) The patient has used an initial 30-day supply of the drug or the drug has previously been prescribed to the patient in a 90-day supply;

(b) The total number of dosage units that are dispensed pursuant to the prescription does not exceed the total number of dosage units, including refills, that are authorized on the prescription by the prescribing practitioner; and

(c) The prescribing practitioner has not specified on the prescription that dispensing the prescription in an initial amount of less than a 90-day supply followed by periodic refills of the initial amount of the drug is medically necessary.

3. Nothing in this section shall be construed to alter the coverage provided under any contract or policy of health insurance, health plan or program or other agreement arrangement that provides health coverage.

Sec. 21. The provisions of sections 1, 3, 4, 6, 7, 8, 11 and 12 of this act apply to any coverage of prescription drugs issued before, on or after July 1, 2021.

Sec. 22. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 23. This act becomes effective on July 1, 2021.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 834ê

CHAPTER 180, AB 113

Assembly Bill No. 113–Assemblymen Hardy, Wheeler, Kasama, Hafen, Krasner; Bilbray-Axelrod, Cohen, Dickman, Duran, Ellison, Flores, González, Gorelow, Hansen, Leavitt, Marzola, Matthews, C.H. Miller, Nguyen, O’Neill, Orentlicher, Roberts, Summers-Armstrong, Titus, Tolles, Torres and Yeager

Joint Sponsors: Senators Buck, Hammond, Hardy, Pickard; Kieckhefer and Seevers Gansert

CHAPTER 180

[Approved: May 28, 2021]

AN ACT relating to criminal procedure; increasing the limitation of time within which a criminal prosecution for sex trafficking must be commenced; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that a criminal proceeding for sex trafficking must be commenced within 4 years after the commission of the offense. (NRS 171.085) Section 3 of this bill increases the limitation of time within which a criminal prosecution for sex trafficking must begin to 6 years after the commission of the offense.

Section 5 of this bill clarifies that the amendatory provisions of this bill apply to a person who: (1) committed sex trafficking before July 1, 2021, if the applicable statute of limitations has commenced but has not yet expired on July 1, 2021; or (2) commits sex trafficking on or after July 1, 2021.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1 and 2. (Deleted by amendment.)

Sec. 3. NRS 171.085 is hereby amended to read as follows:

171.085 Except as otherwise provided in NRS 171.080 to 171.084, inclusive, and 171.095, an indictment for:

1. Theft, robbery, burglary, forgery, arson, [sex trafficking,] a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

2. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.

3. Sex trafficking must be found, or an information or complaint filed, within 6 years after the commission of the offense.

4. Any felony other than the felonies listed in subsections 1 , [and] 2 and 3 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

Sec. 4. (Deleted by amendment.)

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 835 (CHAPTER 180, AB 113)ê

Sec. 5. The amendatory provisions of this act apply to a person who:

1. Committed sex trafficking before July 1, 2021, if the applicable statute of limitations has commenced but has not yet expired on July 1, 2021; or

2. Commits sex trafficking on or after July 1, 2021.

Sec. 6. This act becomes effective on July 1, 2021.

________

CHAPTER 181, AB 143

Assembly Bill No. 143–Assemblywomen Krasner; Bilbray-Axelrod, Hardy, Kasama, Martinez and Thomas

Joint Sponsors: Senators Spearman and Settelmeyer

CHAPTER 181

[Approved: May 28, 2021]

AN ACT relating to human trafficking; requiring the Administrator of the Division of Child and Family Services of the Department of Health and Human Services to perform certain duties relating to victims of human trafficking; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits involuntary servitude, assuming ownership over a person, the purchase or sale of a person, trafficking in persons, pandering, sex trafficking and living from the earnings of a prostitute. (NRS 200.463-200.465, 200.467, 200.468, 201.300, 201.320) Section 1 of this bill defines victims of those crimes as “victims of human trafficking” and requires the Administrator of the Division of Child and Family Services of the Department of Health and Human Services to: (1) designate a human trafficking specialist within the program for compensation for victims of crime; (2) ensure that a directory of services for victims of human trafficking is publicly accessible on the Internet; (3) develop a statewide plan for the delivery of services to victims of human trafficking; and (4) form the State of Nevada Human Trafficking Coalition to assist the designated human trafficking specialist in carrying out his or her duties and in maximizing resources for local human trafficking task forces. Section 1 also requires the Administrator to periodically review the statewide plan and its implementation for compliance with the established requirements.

Section 3 of this bill makes a conforming change to indicate the placement of section 1 within the Nevada Revised Statutes.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Administrator of the Division of Child and Family Services of the Department shall:

(a) Designate a human trafficking specialist who works for the program for compensation for victims of crime established pursuant to NRS 217.020 to 217.270, inclusive;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 836 (CHAPTER 181, AB 143)ê

(b) Ensure that a directory of services for victims of human trafficking is publicly accessible on the Internet; and

(c) In cooperation with the Attorney General and any other state agency, federal agency, public or private entity or other stakeholder the Administrator deems appropriate:

(1) Develop a statewide plan for the delivery of services to victims of human trafficking; and

(2) Form the State of Nevada Human Trafficking Coalition, a statewide coalition consisting of interested parties and stakeholders to assist the human trafficking specialist designated pursuant to paragraph (a) in:

(I) Carrying out his or her duties pursuant to this section; and

(II) Maximizing resources for local human trafficking task forces.

2. The plan developed pursuant to subparagraph (1) of paragraph (c) of subsection 1 may provide for:

(a) The identification of victims of human trafficking;

(b) Assistance to victims of human trafficking with applying for governmental benefits and services to which they may be entitled;

(c) Resources for victims of human trafficking, including, without limitation, medical, psychological, housing, education, job training, child care, victims’ compensation, legal and other services;

(d) Developing strategies to increase awareness about human trafficking and the services available to victims of human trafficking among state and local agencies that provide social services, public and private agencies that may provide services to victims of human trafficking and the public;

(e) The establishment and maintenance of community-based services for victims of human trafficking; and

(f) Assistance to victims of human trafficking with family reunification or to return to their place of origin, if the victim so desires.

3. The Administrator shall periodically review the statewide plan developed pursuant to subparagraph (1) of paragraph (c) of subsection 1 and its implementation to determine whether the plan and its implementation comply with the provisions of this section.

4. As used in this section, “victim of human trafficking” means a person against whom a violation of any provision of NRS 200.463 to 200.465, inclusive, 200.467, 200.468, 201.300 or 201.320, or 18 U.S.C. §§ 1589, 1590 or 1591 has been committed.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS 217.020 is hereby amended to read as follows:

217.020 As used in NRS 217.010 to 217.270, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, have the meanings ascribed to them in those sections.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 837ê

CHAPTER 182, SB 61

Senate Bill No. 61–Committee on Health and Human Services

CHAPTER 182

[Approved: May 28, 2021]

AN ACT relating to persons with disabilities; providing for the training of licensees under the program for the operation of vending facilities by licensees who are blind; establishing procedures for the resolution of certain disputes related to the program; revising certain terminology related to the program; revising provisions establishing a priority of right for the operation by licensees of vending facilities in or on certain public buildings and properties; authorizing the operation of vending facilities by licensees in or on the buildings and properties of certain agencies; providing for the election of the Nevada Committee of Vendors Who Are Blind and prescribing certain duties of the Committee; authorizing contracts under which a licensee operates a vending facility on certain private property to provide for the payment of an incentive to the owner of the property; making certain other revisions relating to the operation of the program; adding exceptions to criminal provisions governing certain unauthorized sales, solicitations of orders and deliveries in or on public buildings or property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates a program to establish vending stands on public property to be operated by persons who are blind. (NRS 426.630-426.720) Sections 5-19 of this bill revise certain terminology, including: (1) substituting the term “vending facility” for “vending stand”; (2) using the term “licensee” to describe a person who is blind and who is licensed by the Bureau of Services to Persons Who Are Blind or Visually Impaired in the Department of Employment, Training and Rehabilitation to operate a vending facility; and (3) using the standard term “public entity that has care, custody and control of a public building or property” to refer to the governmental agency in charge of a public building or property. Section 2 of this bill requires the Bureau to provide certain training and assistance for licensees and persons who wish to become licensees.

Existing law: (1) defines the term “public building” or “property” to mean any building, land or real property owned, leased or occupied by a department or agency of the State or its political subdivisions, except for public elementary and secondary schools, the Nevada System of Higher Education, the Nevada State Park System and the Department of Corrections; and (2) provides that licensees have priority of right to operate vending stands in or on any such public buildings or properties with suitable locations for a vending stand. (NRS 426.630, 426.640) Section 6 of this bill expands the definition to include an airport authority operating in this State and a department of aviation which is operated by a political subdivision of this State, excluding certain building, land or other real property that is leased or operated for the purposes of live entertainment. Section 7 of this bill grants the Bureau the right of first refusal, on behalf of licensees, with regard to the operation of a vending facility in or on a public building or property. Section 11 of this bill: (1) removes authorization for the Bureau to establish a vending facility in or on a public building or property with the consent of the head of a department or agency responsible for the maintenance of a public building or property; and (2) if the Bureau has determined that the public building or property is a suitable site for a vending facility, instead requires the public entity having care, custody and control of a public building or property to cooperate with the Bureau to discuss options for a vending facility and, upon reaching agreement, cooperate to establish a vending facility.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 838 (CHAPTER 182, SB 61)ê

upon reaching agreement, cooperate to establish a vending facility. Section 3 of this bill provides for the resolution of a dispute between the Bureau and a public entity that has care, custody and control of a public building or property by the Hearings Division of the Department of Administration. Section 24 of this bill makes a conforming change to remove a provision establishing procedures for resolving a dispute when a department or agency rejects establishment of a vending facility.

Section 7 authorizes the operation of vending facilities by licensees in or on buildings or properties of an airport authority or department of aviation, under certain conditions, the Nevada System of Higher Education, the Nevada State Park System and the Department of Corrections with the approval of the Bureau and the applicable state agency.

Existing law requires a state or local department or agency to notify the Bureau at least 30 days before reactivation, leasing, releasing, licensing or issuing a permit for the operation of a vending facility in or on a public building or property. (NRS 426.650) Section 8 of this bill: (1) moves back the deadline for such notification to at least 60 days before the planned action; and (2) additionally requires a state or public entity to notify the Bureau at least 60 days before requesting proposals for, or occupying, a vending facility in or on a public building or property. Section 9 of this bill removes a requirement for annual notification of the Bureau concerning new construction, remodeling, leasing, acquisition or improvement of public buildings or properties at certain airports and instead requires notice to be provided within 30 days after the commencement of planning and design of the project, as is required by existing law for such a project on any other public building or property. (NRS 426.660)

Existing federal regulations: (1) require the state agency in charge of licensing blind vendors to provide for the biennial election of a State Committee of Blind Vendors; and (2) prescribe the duties of the Committee. (34 C.F.R. § 395.14) Existing regulations create the Nevada Committee of Vendors Who Are Blind. (NAC 426.080) Section 11 requires the Bureau to provide for the election of the Nevada Committee of Vendors Who Are Blind and provides for the active participation of the Committee in administrative decisions concerning the Vending Facility Program.

Section 11 also authorizes the Bureau to: (1) adopt certain regulations relating to the operation of the Vending Facility Program; and (2) enter into certain contracts relating to the operation of vending facilities. Section 12 of this bill authorizes the Bureau to use certain money it receives pursuant to the Vending Facility Program for services related to the management of the Program.

Existing law: (1) authorizes the Bureau to establish a checking account for the interim operation of a vending facility if the licensee who operates the facility is unavailable; and (2) requires the Bureau to close such an account and make a check payable to the licensee for the remaining balance of the account if the licensee returns after a temporary disability. (NRS 426.677) Section 13 of this bill requires the Bureau to make a check payable to the licensee for the remaining balance of the account if the licensee is unable to return to operating the vending facility within 6 months after becoming unable to work.

Existing law authorizes the Bureau to establish a vending facility on private property if the property owner consents and enters into a contract with the Bureau. (NRS 428.685) Section 14 of this bill authorizes the Bureau to enter into such a contract pursuant to which the licensee may pay an incentive to the property owner for certain locations. Section 18 of this bill: (1) authorizes the Bureau, after actively consulting with the Committee of Vendors Who Are Blind, to utilize a nonprofit organization to manage any portion of the operations of the Vending Facility Program; and (2) requires any such arrangement to comply with certain federal regulations. Section 19 of this bill adds further exceptions from the existing criminal penalties for certain sales, solicitations of orders for or deliveries of commodities authorized for sale in or on any public building or property.

Sections 8 and 24 of this bill eliminate certain obsolete provisions.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 839 (CHAPTER 182, SB 61)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. The Bureau shall establish a training program for persons who wish to become licensees. The training must include, without limitation, a standard curriculum and on-the-job training while working for a vending facility.

2. The Bureau may designate not more than two vending facilities as training sites to be operated by the Bureau or a third-party vendor.

3. The Bureau may waive any training required pursuant to this section for a person who is blind and is otherwise qualified to operate a vending facility.

4. The Bureau shall:

(a) Provide licensees with upward mobility training; and

(b) Assist the Nevada Committee of Vendors Who Are Blind in sponsoring meetings and training conferences for licensees.

Sec. 3. 1. Except as otherwise provided in subsection 2, if a dispute arises between a public entity that has care, custody and control of a public building or property and the Bureau concerning any matter related to the Vending Facility Program, either party may file a complaint describing the dispute with the Hearings Division of the Department of Administration.

2. The Hearings Division may not:

(a) Hear a complaint concerning the status of a licensee or third-party vendor operating a vending facility under an agreement with the Bureau; or

(b) Award damages as a result of a hearing on a complaint filed pursuant to this section.

3. Not later than 30 days after a complaint is filed pursuant to subsection 1:

(a) The Hearings Division shall appoint a hearing officer; and

(b) The hearing officer shall set a date for a hearing.

4. Except as otherwise provided in this section, a hearing must be conducted in accordance with NRS 233B.121 to 233B.150, inclusive. The hearing officer may issue a ruling based on the briefs submitted by the parties without hearing additional evidence.

5. A decision of the hearing officer made pursuant to this section is a final decision for purposes of judicial review and may be appealed to the district court pursuant to the provisions of chapter 233B of NRS. Any such appeal must be filed not later than 30 days after the date of service of the final decision of the hearing officer.

Sec. 4. NRS 426.563 is hereby amended to read as follows:

426.563 Costs of administration of NRS 426.517 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act shall be paid out on claims presented by the Bureau in the same manner as other claims against the State are paid.

Sec. 5. NRS 426.590 is hereby amended to read as follows:

426.590 The Bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C. §§ 107a to 107f, inclusive, and acts amendatory thereto, and the Bureau is authorized to comply with such requirements as may be necessary to qualify for federal approval and achieve maximum federal participation in the Vending [Stand] Facility Program established by NRS 426.630 to 426.715, inclusive, and sections 2 and 3 of this act under such federal statutes.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 840 (CHAPTER 182, SB 61)ê

federal participation in the Vending [Stand] Facility Program established by NRS 426.630 to 426.715, inclusive, and sections 2 and 3 of this act under such federal statutes.

Sec. 6. NRS 426.630 is hereby amended to read as follows:

426.630 As used in NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

1. [“Operator”] “Licensee” means [the individual] a person who is blind and who is licensed by the Bureau to operate a vending facility in or on a public building or property or on federal property.

2. “Nevada Committee of Vendors Who Are Blind” means the Committee of Vendors Who Are Blind elected pursuant to NRS 426.670 and 34 C.F.R. § 395.14.

3. “Operate” means to be responsible for the day-to-day operation of [the] a vending [stand.] facility, including, without limitation, purchasing products for resale, hiring employees and performing other duties associated with managing a vending facility.

[2.] 4. “Public [building” or “property”] building or property”:

(a) Except as otherwise provided in paragraph (b), means any portion of any building, land or other real property, owned, leased or occupied by any [department or agency of the State or any of its political subdivisions] public entity except public elementary and secondary schools, the Nevada System of Higher Education, the Nevada State Park System , [and] the Department of Corrections [.

3.] , an airport authority operating in this State and a department of aviation which is operated by a political subdivision of this State.

(b) Does not include any building, land or other real property that is:

(1) Leased to a private entity; or

(2) Operated pursuant to an operating agreement,

Ê for the purposes of live entertainment, as defined in NRS 368A.090.

5. “Public entity” means any department, agency or political subdivision of the State, any department or agency of a political subdivision of the State or any public or quasi-public corporation that is supported in whole or in part by public money. The term includes, without limitation, a regional transportation commission, an irrigation district or water district created under the laws of the State of Nevada, and all boards, commissions and committees created by a public entity or the Legislature.

6. “Vending [stand”] facility” means [:

(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the Bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;

(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.] an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter and other appropriate auxiliary equipment that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed or provided automatically or manually.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 841 (CHAPTER 182, SB 61)ê

periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed or provided automatically or manually. The term includes, without limitation, the vending or exchange of tickets or similar items for participation in any lottery that is authorized under the laws of this State and is conducted by an agency of this State within this State.

7. “Vending Facility Program” means the program established by NRS 426.630 to 426.715, inclusive, and sections 2 and 3 of this act to provide for the operation of vending facilities by licensees.

Sec. 7. NRS 426.640 is hereby amended to read as follows:

426.640 1. For the purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, such persons licensed under the provisions of NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act by the Bureau:

[1. Have]

(a) Except as otherwise provided in subsection 2, have priority of right to operate vending [stands] facilities in or on any public buildings or properties where the locations are determined by the Bureau to be suitable, pursuant to the procedure provided in NRS 426.630 to [426.720,] 426.715, inclusive [.] , and sections 2 and 3 of this act. The Bureau, on behalf of licensees, has the right of first refusal with regard to the operation of any vending facility in or on any public building or property. Any agreement to operate a vending facility entered into on or after July 1, 2021, by a public entity that has care, custody and control of a public building or property with an entity other than the Bureau is void if the Bureau notifies the public entity that it intends to exercise the priority established by this paragraph.

[2.] (b) May operate vending [stands] facilities in or on buildings or properties of the Nevada State Park System, with the approval of the Bureau and the Administrator of the Division of State Parks . [, on a parity with any other vendor.]

(1) If the Director of the Department of Corrections voluntarily chooses to have the Department of Corrections participate in the Vending Facility Program; and

(2) With the approval of the Bureau and the Department of Corrections.

(d) May operate vending facilities in or on buildings or properties of the Nevada System of Higher Education, including, without limitation, in or on buildings or properties of a university, state college or community college within the System, with the approval of the Bureau and the System or the university, state college or community college having care, custody and control of the building or property.

(e) May operate vending facilities in or on a public building or property of an airport authority operating in this State or a department of aviation operated by a political subdivision of this State if:

(1) The airport authority or department of aviation, as applicable, chooses to participate in the Vending Facility Program; and

(2) That participation complies with all local, state and federal statutes and regulations that govern the operations of the public building or property of the airport authority or department of aviation, as applicable.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 842 (CHAPTER 182, SB 61)ê

2. Upon determining that a location is not suitable for a vending facility to be operated by a licensee, the Bureau may waive the priority established by paragraph (a) of subsection 1. The waiver must:

(a) Be in writing;

(b) Set forth the conditions under which the waiver may be revoked or modified; and

Sec. 8. NRS 426.650 is hereby amended to read as follows:

426.650 Each head of the [department or agency in charge of the maintenance] public entity that has care, custody and control of public buildings or properties shall:

1. [Not later than July 1, 1959, notify the Bureau in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.

2.] Not less than [30] 60 days prior to the request for proposals concerning, occupation of, reactivation [,] of, leasing [,] of, re-leasing [,] of, licensing of or issuance of a permit for operation of any vending [stand,] facility in or on a public building or property, inform the Bureau of such contemplated action.

[3.] 2. Inform the Bureau of any locations where such vending [stands] facilities are planned [or might properly and satisfactorily be operated] in or about other public buildings or properties as may now or thereafter come under the jurisdiction of [the department or agency for maintenance,] a public entity, such information to be given not less than [30] 60 days prior to the request for proposals concerning, occupation of, reactivation of, leasing [,] of, re-leasing [,] of, licensing of or issuance of permit for operation of any vending [stand] facility in or on such public building or [on such] property.

Sec. 9. NRS 426.660 is hereby amended to read as follows:

426.660 To effectuate further the purposes of NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration must be given to planning and making available suitable space and facilities for the establishment of at least one vending [stands] facility to be operated by [persons who are blind.] a licensee. Written notice must be given to the Bureau by the person or agency having charge of the planning and design of any such project [:

1. At least once each year in the case of projects proposed for a municipal airport or air navigation facilities owned or operated under the provisions of chapter 496 of NRS or an airport owned or operated by the Reno-Tahoe Airport Authority.

2. Within] within 30 days after the commencement of the planning and design of the project . [for all other projects.]

Sec. 10. NRS 426.665 is hereby amended to read as follows:

426.665 If a suitable location is available for a vending [stand] facility which requires the construction of a permanent building, the Bureau may construct such building, but only after obtaining approval of the Legislature.

Sec. 11. NRS 426.670 is hereby amended to read as follows:

426.670 1. The Bureau shall:

(a) Make surveys of public buildings [or] and properties to determine their suitability as locations for vending [stands] facilities to be operated by [persons who are blind] licensees and advise the heads of [departments or agencies charged with the maintenance] the public entities that have care, custody and control of the public buildings or properties of its findings.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 843 (CHAPTER 182, SB 61)ê

agencies charged with the maintenance] the public entities that have care, custody and control of the public buildings or properties of its findings.

(b) [With the consent of the respective heads of departments or agencies charged with the maintenance of the buildings or properties, establish vending stands in those locations which the Bureau has determined to be suitable. Except as otherwise provided in subsection 4, the Bureau may enter into leases, licensing agreements or other contracts or agreements therefor.

(c)] Select, train, license and assign qualified persons who are blind to [manage or] operate vending [stands or do both.] facilities.

[(d)] (c) Except as otherwise provided in this paragraph, execute [contracts or] agreements with [persons who are blind] licensees to [manage or] operate vending [stands or do both.] facilities. The agreements [may concern finances, management, operation and other matters concerning the stands.] must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility. The Bureau shall not execute [a contract or] an agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a [person who is blind.

(e) When the Bureau deems such action appropriate, impose and collect license fees for the privilege of operating vending stands.] licensee.

[(f)] (d) Provide for the election of the Nevada Committee of Vendors Who Are Blind by licensees in this State in accordance with 34 C.F.R. § 395.14.

(e) Establish and effectuate such regulations as it may deem necessary to carry out the purposes of NRS 426.630 to 426.715, inclusive, and sections 2 and 3 of this act and ensure the proper and satisfactory operation of vending [stands.] facilities. The regulations must provide a method for setting aside money from the [revenues] net proceeds of vending [stands] facilities and provide for the payment and collection thereof.

2. If a survey conducted pursuant to paragraph (a) of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility. If the public entity reaches agreement with the Bureau regarding the operation of a vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property. The Bureau may enter into a contract with such a public entity concerning the operation of the vending facilities.

3. The Bureau may enter into contracts with third-party vendors [for the establishment and operation of] to establish and operate vending [stands.] facilities when a licensee is not available, the projected sales are insufficient to support a licensee or other extenuating circumstances exist. These contracts must include provisions for the payment of [commissions] money to the Bureau based on [revenues] net proceeds from the vending [stands.] facilities. The Bureau may [assign] :

(a) Assign the [commissions] money to [licensed operators] licensees for the maintenance of their incomes [.] ; or

(b) Use the money for any purpose authorized by NRS 426.675.

[3.] 4. The Bureau may, by regulation, provide:

(a) Methods for recovering the cost of establishing vending [stands.] facilities.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 844 (CHAPTER 182, SB 61)ê

(b) Penalties for failing to file reports or make payments required by NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act or a regulation adopted pursuant to those sections when they are due.

(d) Procedures to terminate the license of a licensee who is improperly operating a vending facility.

(e) A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

(f) A process for active participation by the Nevada Committee of Vendors Who Are Blind in major administrative decisions concerning the Vending Facility Program.

[4.] 5. A [department or agency] public entity that has care, custody and control of a public building or property in or on which a vending [stand] facility is established:

(a) [Shall] Except as otherwise authorized by a contract entered into pursuant to subsection 6, shall not require the Bureau [or the operator of the vending stand] , a licensee or a third-party vendor to pay any rent, fee , utility charge, commission, incentive or assessment [that is based on the square footage of the portion of the building or property where the vending stand is located.] related to the vending facility. Such a prohibited [fee or assessment] payment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b) May enter into an agreement with the Bureau to recover the increases in utility costs [or other expenses] where there is a direct, measurable and proportional increase in such costs [or expenses] as a result of the operation of the vending [stand.

Ê] facility.

6. The Bureau may, at its discretion, enter into a contract with a public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions. The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a public entity. The Bureau shall not agree to any payment that reduces the profits of the vending facility to the extent that the vending facility is not viable.

7. Any provision in a lease, licensing agreement, contract or other agreement relating to a vending [stand] facility established pursuant to this section that conflicts with this [subsection] section is void.

Sec. 12. NRS 426.675 is hereby amended to read as follows:

426.675 1. The Business Enterprise Account for Persons Who Are Blind is hereby created within the State General Fund and must be managed by the Administrator of the Division.

2. Money received by the Bureau under the provisions of NRS 426.670, except commissions assigned to [licensed vending stand operators,] licensees, must:

(a) Be deposited in the Business Enterprise Account for Persons Who Are Blind.

(b) Except as otherwise provided in subsection [4,] 5, remain in the Account and not revert to the State General Fund.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 845 (CHAPTER 182, SB 61)ê

(1) Purchasing, maintaining or replacing vending [stands] facilities or the equipment therein;

(2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the Vending [Stand] Facility Program; [and]

(3) Management services, including, without limitation, supervision, inspection, quality control, consultation, accounting, regulating, in-service training and other related services provided on a systematic basis to support and improve vending facilities; and

(4) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

3. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or his or her designated representative . [, but the]

4. The Bureau shall:

(a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the Business Enterprise Account for Persons Who Are Blind;

(b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

[4.] 5. If the Business Enterprise Account for Persons Who Are Blind is dissolved or the Vending [Stand] Facility Program is terminated, the Administrator of the Division shall, within 60 days after the dissolution or termination:

(a) Provide an accounting of the money remaining in the Account to all [licensed vending stand operators;] licensees; and

(b) Distribute any money remaining in the Account to each [such operator] licensee in [the same] proportion [as the money deposited in the Account and attributable to that operator bears to all the money remaining in the Account.] to the amount of time that the licensee has held his or her license.

Ê The Division shall, in consultation with the Nevada Committee of [Blind] Vendors Who Are Blind or its successor organization, adopt regulations to carry out the provisions of this subsection.

[5.] 6. Money from any source which may lawfully be used for the Vending [Stand] Facility Program may be transferred or deposited by the Bureau to the Business Enterprise Account for Persons Who Are Blind.

[6.] 7. The interest and income earned on the money in the Business Enterprise Account for Persons Who Are Blind, after deducting any applicable charges, must be credited to the Account.

Sec. 13. NRS 426.677 is hereby amended to read as follows:

426.677 1. The Bureau may, in interim periods when a licensee [who is blind] is not available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank or credit union qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the vending facility during the interim period must be deposited to the account, and all expenses necessary to maintain the interim operation of the facility must be paid from the account.

2. If the licensee [who is blind] who operated the vending facility returns after a temporary disability [,] less than 6 months after becoming unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 846 (CHAPTER 182, SB 61)ê

unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.

3. If the licensee who operated the vending facility experiences a disability and is unable to return within 6 months after becoming unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and make a check in the amount of the balance of the account at the time at which the check is made but such amount must not exceed the amount of the balance of the account on the date 6 months after the date on which the licensee became unavailable to operate the vending facility payable to the licensee.

4. If a licensee , [who is blind,] other than the one who previously operated the vending facility, is permanently assigned to [it,] the vending facility, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the Business Enterprise Account for Persons Who Are Blind.

Sec. 14. NRS 426.685 is hereby amended to read as follows:

426.685 1. The Bureau may establish a vending [stands in privately owned buildings,] facility in or on a building or property that is not a public building or property if the [building] owner [in each instance] of the building or property consents and enters into a contract [or other agreement approved by] with the Bureau.

2. [The] Except as otherwise provided in this subsection, the owner of a building [in] or property in or on which a vending [stand] facility is established pursuant to subsection 1 [:

(a) Shall not require the Bureau or the operator of the vending stand to pay any rent, fee or assessment that is based on the square footage of the portion of the building or property where the vending stand is located. Such a prohibited fee or assessment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b) May] may enter into [an agreement] a contract with the Bureau [to recover the increases in utility costs or other expenses where there is a direct, measurable and proportional increase in such costs or expenses as a result of the operation of the vending stand.

Ê Any provision in a contract or other agreement relating to a vending stand established pursuant to subsection 1 that conflicts with this subsection is void.] that requires the licensee to pay an incentive to the owner of the building or property. An incentive may not be paid to the owner of a building or property with respect to a vending facility located in a portion of the building or property leased or rented to a public entity.

Sec. 15. NRS 426.690 is hereby amended to read as follows:

426.690 [Vending stands] A vending facility operated under the provisions of NRS 426.630 to [426.720,] 426.715, inclusive, [shall] and sections 2 and 3 of this act must be used solely for the vending of such commodities , [and] articles and services as may be approved by the Bureau and [by the head of] the [department or agency in charge of the maintenance] public entity that has care, custody and control of the public building or property in or on which [such stand] the vending facility is operated.

Sec. 16. NRS 426.695 is hereby amended to read as follows:

426.695 [Persons who are blind] A licensee who [operate] operates a vending [stand] facility pursuant to the provisions of NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act may keep a service animal with [them] him or her at all times on the premises where that vending [stand] facility is located.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 847 (CHAPTER 182, SB 61)ê

[426.720,] 426.715, inclusive, and sections 2 and 3 of this act may keep a service animal with [them] him or her at all times on the premises where that vending [stand] facility is located.

Sec. 17. NRS 426.700 is hereby amended to read as follows:

426.700 [The operator of each vending stand operated] A licensee operating a vending facility under the provisions of NRS 426.630 to [426.720,] 426.715, inclusive, [shall be] and sections 2 and 3 of this act is subject to:

1. The provisions of any and all laws and ordinances applying within the territory within which [such stand] the vending facility is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.

2. The provisions of chapter 446 of NRS.

Sec. 18. NRS 426.710 is hereby amended to read as follows:

426.710 The Bureau may, [in its discretion,] after actively consulting with the Nevada Committee of Vendors Who Are Blind, utilize an appropriate nonprofit [corporations] organization organized under the laws of this State [, or other agencies, as trustees to provide day-to-day management and operation services for the Vending Stand Program for Persons Who Are Blind. Such corporations or agencies must be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the Vending Stand Program in accordance with such rules and regulations as may be adopted by the Bureau and approved by the Department.] to manage any portion of the operations of the Vending Facility Program, including, without limitation, supervising or managing a licensee. Any such arrangement must comply with 34 C.F.R. § 395.15.

Sec. 19. NRS 426.715 is hereby amended to read as follows:

426.715 Any person who sells, solicits orders for or delivers, in or on any public building or [on any public land,] property, any commodity which a [vendor who is blind] licensee is authorized by the Bureau to sell is guilty of a misdemeanor except:

1. A person licensed by or under contract to the Bureau;

2. A person who delivers a commodity to a [vendor who is blind] licensee or for the account of a [vendor who is blind;] licensee;

3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the public building or [land;] property;

5. A public employee who is located in or on the public building or property and initiates an order or purchase of food or beverages for his or her own use from a restaurant which is not located in or on the public building or property;

6. A person who is delivering food or beverages from a restaurant to a public employee who is located in or on the public building or property pursuant to an order or purchase as described in subsection 5;

7. A person who is catering an event inside or otherwise delivering food or beverages to the Legislative Building; or

[6.] 8. A person who is authorized to conduct such an activity under the terms of a contract, lease or other arrangement with a municipality pursuant to NRS 496.090.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 848 (CHAPTER 182, SB 61)ê

pursuant to NRS 496.090. This subsection must not be construed to limit the priority of right established in NRS 426.640.

Sec. 20. NRS 211.360 is hereby amended to read as follows:

211.360 1. The sheriff or chief of police of a city may establish and operate in each jail in his or her jurisdiction a commissary to sell to prisoners committed to the jail food, beverages, toiletries and such other items as may be approved by the sheriff or chief of police. The sheriff or chief of police may require prisoners committed to the jail to work in the commissary.

2. The sheriff or chief of police, or a person designated by the sheriff or chief of police, shall:

(a) Keep accurate books and records of all transactions which take place at the commissary; and

(b) Submit reports of these books and records to the board of county commissioners or governing body of the city, as appropriate, at such times as may be required by the board or governing body.

3. Proceeds from the operation of the commissary must be maintained in a separate account and any profits therefrom must be expended only for the welfare and benefit of the prisoners in the jail.

4. The provisions of NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act do not apply to any commissary established and operated pursuant to this section.

Sec. 21. NRS 232.920 is hereby amended to read as follows:

232.920 The Director:

1. Shall:

(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;

(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities;

(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law;

(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531; and

(e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender. The Director of the Department shall:

(1) Post on the Internet website of the Department the report required by this paragraph;

(2) Provide the report to the Governor’s Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935; and

(3) Post on the Internet website of the Department the written report provided by the Governor’s Workforce Investment Board pursuant to subsection 5 of NRS 232.935.

2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 394.383 to 394.560, inclusive, 426.010 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 849 (CHAPTER 182, SB 61)ê

to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.

3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.

Sec. 22. NRS 277A.320 is hereby amended to read as follows:

277A.320 1. In a county whose population is 700,000 or more, the commission may provide for the construction, installation and maintenance of vending [stands] facilities for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

2. The provisions of NRS 426.630 to [426.720,] 426.715, inclusive, and sections 2 and 3 of this act apply to a vending [stand] facility constructed, installed or maintained pursuant to this section.

Sec. 23. NRS 615.255 is hereby amended to read as follows:

615.255 1. There is hereby created the Rehabilitation Division Revolving Account in an amount not to exceed $90,000. The money in the Revolving Account may be used for the payment of claims of:

(a) Applicants for or recipients of services from:

(1) The Bureau of Vocational Rehabilitation; and

(2) The Bureau of Services to Persons Who Are Blind or Visually Impaired, including, without limitation, the Vending [Stand] Facility Program [for Persons Who Are Blind authorized] established by NRS 426.630 to [426.720,] 426.715, inclusive [.] , and sections 2 and 3 of this act.

(b) Vendors providing services to those applicants or recipients under procedures established by the Division.

2. The money in the Revolving Account must be deposited in a bank or credit union qualified to receive deposits of public money. The bank or credit union shall secure the deposit with a depository bond satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 672.755.

3. After expenditure of money from the Revolving Account, the Administrator shall present a claim to the State Board of Examiners. When approved by the State Board of Examiners, the State Controller shall draw his or her warrant in the amount of the claim in favor of the Rehabilitation Division Revolving Account, to be paid to the order of the Administrator, and the State Treasurer shall pay it.

4. Money in the Rehabilitation Division Revolving Account does not revert to the State General Fund at the end of the fiscal year, but remains in the Revolving Account.

5. Purchases paid for from the Rehabilitation Division Revolving Account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or the designated representative of the Administrator.

Sec. 24. NRS 426.680 and 426.720 are hereby repealed.

Sec. 25. This act becomes effective on July 1, 2021.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 850ê

CHAPTER 183, AB 158

Assembly Bill No. 158–Assemblymen Monroe-Moreno; Anderson, Bilbray-Axelrod, Brown-May, Cohen, Considine, Duran, Flores, González, Gorelow, Marzola, Brittney Miller, Orentlicher, Peters, Roberts, Summers-Armstrong, Thomas, Watts and Yeager

Joint Sponsors: Senators D. Harris and Brooks

CHAPTER 183

[Approved: May 28, 2021]

AN ACT relating to crimes; establishing and revising the penalties for certain offenses involving alcohol, marijuana and cannabis; requiring the automatic sealing of records relating to certain offenses involving alcohol, marijuana and cannabis; providing juvenile courts with exclusive jurisdiction over offenses relating to alcohol or marijuana committed by children; establishing provisions relating to the issuance of citations for offenses relating to alcohol or marijuana committed by children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law makes it a misdemeanor for a person who is under 21 years of age to: (1) purchase, consume or possess alcohol; (2) falsely represent himself or herself to be 21 years of age to obtain alcohol; or (3) falsely represent himself or herself to be 21 years of age or older to obtain cannabis. (NRS 202.020, 202.040, 678D.310) Additionally, existing law makes it a misdemeanor to possess 1 ounce or less of marijuana without being authorized to possess cannabis. (NRS 453.336) Existing law provides that unless the statute in force at the time of commission of a misdemeanor prescribes a different penalty, a misdemeanor is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. (NRS 193.150)

Sections 1, 2, 3 and 4 of this bill revise the penalties for a violation of each such offense. Sections 1, 2, 3 and 4, respectively, provide that a person: (1) is not subject to imprisonment in the county jail or a fine; and (2) must perform not more than 24 hours of community service, attend a meeting of a panel of victims of persons injured or killed by a person who was driving under the influence of alcohol or a controlled substance or undergo an evaluation to determine whether the person has an alcohol or other substance use disorder, or any combination thereof.

Sections 1, 2, 3 and 4, respectively, also require the court to automatically seal records relating to such convictions if the offender completes the terms and conditions imposed by the court.

Existing law defines “child,” for the purposes of juvenile justice, as a person who is: (1) less than 18 years of age; (2) less than 21 years of age and is subject to the jurisdiction of the juvenile court for an unlawful act committed before the person reached 18 years of age; or (3) subject to the jurisdiction of the juvenile court as a juvenile sex offender. (NRS 62A.030) Section 2.8 of this bill: (1) establishes penalties for certain unlawful acts relating to the possession or consumption of alcohol or the possession of less than 1 ounce of marijuana committed by children; and (2) requires a child who commits such unlawful acts to be punished in accordance with the penalties for children instead of those penalties set forth in section 1 or 3. Section 2.8 provides that a child who commits such unlawful acts is, for a first or second offense, a child in need of supervision and is not a delinquent child.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 851 (CHAPTER 183, AB 158)ê

Existing law establishes the jurisdiction of juvenile courts. (NRS 62B.320) Section 2.2 of this bill expands the jurisdiction of juvenile courts to include offenses committed by children relating to the possession or consumption of alcohol or offenses relating to possessing 1 ounce or less of marijuana. Section 2.4 of this bill makes a conforming change relating to the jurisdiction of juvenile courts.

Existing law authorizes a peace officer to issue a child a citation for certain traffic offenses and tobacco related offenses. (NRS 62C.070, 62C.072) Section 2.6 of this bill establishes provisions authorizing a peace officer to issue a child a citation for certain offenses relating to the possession or consumption of alcohol or the possession of 1 ounce or less of marijuana.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 202.020 is hereby amended to read as follows:

202.020 1. Except as otherwise provided in this section, a person under 21 years of age who purchases any alcoholic beverage or [any such person who] consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor [.] and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

Ê or any combination thereof.

2. Except as otherwise provided in this section, a person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor [.] and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

Ê or any combination thereof.

3. If a person under 21 years of age fulfills the terms and conditions imposed for a violation of subsection 1 or 2, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

4. A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person requests emergency medical assistance for another person whom he or she reasonably believes is under 21 years of age if the person making the request:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 852 (CHAPTER 183, AB 158)ê

(a) Reasonably believes that the person who consumed the alcohol is in need of such assistance because of the alcohol consumption;

(b) Is the first person to request emergency medical assistance for the person;

(c) Remains with the person until informed that his or her presence is no longer necessary by the emergency medical personnel who respond to the request for assistance for the person; and

(d) Cooperates with any provider of emergency medical assistance, any other health care provider who assists the person who may be in need of emergency medical assistance because of alcohol consumption and any law enforcement officer.

[4.] 5. A person under 21 years of age for whom another person requests emergency medical assistance pursuant to subsection [3] 4 is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2.

[5.] 6. A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person:

(a) Requests emergency medical assistance because he or she reasonably believes that he or she is in need of medical assistance because of alcohol consumption; and

(b) Cooperates with any provider of emergency medical assistance, any other health care provider who provides assistance to him or her and any law enforcement officer.

[6.] 7. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction, except that any such ordinance must not conflict with the provisions of subsection [3, 4 or] 4, 5 or 6 or create criminal liability for a person to whom an exemption set forth in subsection [3, 4 or] 4, 5 or 6 applies.

[7.] 8. For the purposes of this section, possession “in public” includes possession:

(a) On any street or highway;

(b) In any place open to the public; and

[8.] 9. The term does not include:

(a) Possession for an established religious purpose;

(b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;

(d) Possession in private clubs or private establishments; or

(e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.

Sec. 2. NRS 202.040 is hereby amended to read as follows:

202.040 [Every minor]

1. A person who is under 21 years of age and who [shall] falsely [represent] represents himself or herself to be 21 years of age or older in order to obtain any intoxicating liquor [shall be] is guilty of a misdemeanor [.] and shall be punished by:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 853 (CHAPTER 183, AB 158)ê

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

Ê or any combination thereof.

2. If a person under 21 years of age fulfills the terms and conditions imposed for a violation of this section, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

Sec. 2.2. NRS 62B.320 is hereby amended to read as follows:

62B.320 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

(a) Is subject to compulsory school attendance and is a habitual truant from school;

(b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;

(c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation;

(d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737;

(e) Transmits or distributes an image of bullying committed against a minor in violation of NRS 200.900;

(f) Violates a county or municipal ordinance imposing a curfew on a child;

(g) Violates a county or municipal ordinance restricting loitering by a child; [or]

(h) Commits an offense related to tobacco [.] ; or

(i) Commits an alcohol or marijuana offense that is punishable pursuant to paragraph (a) of subsection 1 of section 2.8 of this act.

2. A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

3. The provisions of subsection 1 do not prohibit the imposition of administrative sanctions pursuant to NRS 392.148 against a child who is subject to compulsory school attendance and is a habitual truant from school.

4. As used in this section:

(a) “Alcohol or marijuana offense” has the meaning ascribed to it in section 2.8 of this act.

(b) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

(1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 854 (CHAPTER 183, AB 158)ê

(2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

(3) Places the person in reasonable fear of harm or serious emotional distress; or

(4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

[(b)] (c) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

[(c)] (d) “Sexual image” has the meaning ascribed to it in NRS 200.737.

Sec. 2.4. NRS 62B.330 is hereby amended to read as follows:

62B.330 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

2. For the purposes of this section, a child commits a delinquent act if the child:

(a) Violates a county or municipal ordinance other than those [specified] :

(1) Specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320 [or] ;

(2) Concerning an offense related to tobacco; or

(3) Relating to the consumption or possession of alcohol or the possession of 1 ounce or less of marijuana that are punishable pursuant to paragraph (a) of subsection 1 of section 2.8 of this act;

(b) Violates any rule or regulation having the force of law; or

3. For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.

(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 855 (CHAPTER 183, AB 158)ê

(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

(e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

(1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

(2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

(f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

Sec. 2.6. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:

1. A peace officer may prepare and issue a citation in the same manner in which a traffic citation is prepared and issued pursuant to NRS 62C.070 if the child is stopped or otherwise detained by the peace officer for:

(a) A violation of NRS 202.020;

(b) A violation of a city or county ordinance relating to the consumption or possession of alcohol;

(d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

2. If a child who is issued a citation pursuant to subsection 1 executes a written promise to appear in court by signing the citation, the peace officer:

(a) Shall deliver a copy of the citation to the child; and

(b) Shall not take the child into physical custody for the violation unless:

(1) The peace officer believes that there is an imminent risk to the safety of the child or an imminent risk of harm to the child; and

(2) The safety of the child will not be ensured by placing the child with:

(I) An adult relative of the child;

(II) A treatment facility; or

(III) A shelter designed to assist children who run away from their parent or guardian or are victims of sex trafficking, other than a shelter used for the protection of children pursuant to the provisions of chapter 432B of NRS.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 856 (CHAPTER 183, AB 158)ê

3. If a child who is issued a citation refuses to execute a written promise to appear in court but physically receives a copy of the citation delivered by the peace officer:

(a) The receipt shall be deemed personal service of the notice to appear in court;

(b) A copy of the citation signed by the peace officer suffices as proof of service; and

4. At the time that a child is issued a citation pursuant to subsection 1, the peace officer shall make reasonable attempts to notify a parent or guardian of the child, and a peace officer shall not take the child into custody by reason alone of being unable to contact the parent or child of the guardian.

Sec. 2.8. Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a child commits an alcohol or marijuana offense:

(a) For a first or second offense:

(1) The child is a child in need of supervision and is not a delinquent child, and the child must be placed under informal supervision pursuant to NRS 62C.200; and

(2) The child shall perform not more than 24 hours of community service.

(b) For a third or subsequent offense, a district attorney may file a petition alleging delinquency.

2. As used in this section, “alcohol or marijuana offense” means:

(a) A violation of NRS 202.020;

(b) A violation of a city or county ordinance relating to the consumption or possession of alcohol;

(d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

Sec. 3. NRS 453.336 is hereby amended to read as follows:

453.336 1. Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, a person who violates this section:

(a) For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130. In accordance with NRS 176.211, the court shall defer judgment upon the consent of the person.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 857 (CHAPTER 183, AB 158)ê

(b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.

(d) If the controlled substance is listed in schedule I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $50,000.

(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.

3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana [:

(a) For the first offense, is guilty of a misdemeanor and shall be:

(1) Punished by a fine of not more than $600; or

(2) Assigned to a program of treatment and rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible to participate in such a program.

(b) For the second offense, is guilty of a misdemeanor and shall be:

(1) Punished by a fine of not more than $1,000; or

(2) Assigned to a program of treatment and rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible to participate in such a program.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 858 (CHAPTER 183, AB 158)ê

(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.] is guilty of a misdemeanor and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

Ê or any combination thereof.

5. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

6. The court may grant probation to or suspend the sentence of a person convicted of violating this section.

7. If a person fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

8. As used in this section:

(a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

(b) “Marijuana” does not include concentrated cannabis.

Sec. 3.5. NRS 484C.350 is hereby amended to read as follows:

484C.350 1. If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, [or] if an offender is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 [,] or if the offender is found guilty of a violation of subsection 4 of NRS 453.336, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

2. If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation [,] or if the offender is convicted of a violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 202.040 or subsection 4 of NRS 678D.310, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 859 (CHAPTER 183, AB 158)ê

3. Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

(a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation;

(b) A physician who is certified to make that evaluation by the Board of Medical Examiners; or

Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

6. The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician, advanced practice registered nurse or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

7. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

Sec. 4. NRS 678D.310 is hereby amended to read as follows:

678D.310 1. Except as otherwise provided in chapter 678C of NRS, [any] a person shall not:

(a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;

(b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision; or

(c) Cultivate cannabis on property not in the cultivator’s lawful possession or without the consent of the person in lawful physical possession of the property.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 860 (CHAPTER 183, AB 158)ê

2. A person who violates the provisions of subsection 1 is guilty of:

(a) For a first violation, a misdemeanor punished by a fine of not more than $600.

(b) For a second violation, a misdemeanor punished by a fine of not more than $1,000.

(d) For a fourth or subsequent violation, a category E felony.

3. A person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

4. A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor [.] and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

Ê or any combination thereof.

5. If a person under 21 years of age fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

6. A person under 21 years of age who knowingly enters, loiters or remains on the premises of an adult-use cannabis establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess cannabis pursuant to chapter 678C of NRS and the adult-use cannabis establishment is a dual licensee.

[6.] 7. A person who manufactures cannabis by chemical extraction or chemical synthesis, unless done pursuant to an adult-use cannabis establishment license for an adult-use cannabis production facility issued by the Board or authorized by this title, is guilty of a category E felony.

[7.] 8. A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

[8.] 9. A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.

Sec. 5. The amendatory provisions of sections 1, 2, 3 and 3.5 of this act apply to an offense committed:

1. Before October 1, 2021, if the person is sentenced on or after October 1, 2021.

2. On or after October 1, 2021.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 861ê

CHAPTER 184, AB 177

Assembly Bill No. 177–Assemblywomen Benitez-Thompson, Torres; González, Martinez, Marzola and Brittney Miller

Joint Sponsors: Senators Donate and Denis

CHAPTER 184

[Approved: May 28, 2021]

AN ACT relating to pharmacy; requiring certain pharmacies to provide certain information regarding a prescription in a language other than English under certain circumstances; requiring such pharmacies to post notice of the rights of a patient to request information in language other than English; providing immunity from civil liability to a pharmacy or employee for injuries resulting from the translation of such information by a third party under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the State Board of Pharmacy to regulate the practice of pharmacy and the sale and dispensing of poisons, drugs, chemicals and medicines. (NRS 639.070) Existing law prescribes requirements for labeling containers for prescription drugs. (NRS 639.2801) This bill requires each pharmacy, except for an institutional pharmacy, to provide the specific directions for use required to be included on the label of a prescription drug in English and, upon request of a prescribing practitioner, patient or an authorized representative of a patient, any language prescribed by regulations adopted by the Board. This bill provides that if a pharmacy enters into a contract with a third party for the translation of the information required to be provided by the pharmacy, the pharmacy and any employee of the pharmacy are not liable in any civil action for any injury resulting from the translation by the third party which is not the result of negligence, recklessness or deliberate misconduct of the pharmacy or employee. Finally, this bill requires a pharmacy subject to this requirement to post in a conspicuous place: (1) notice of the rights of a patient to request information in a language other than English; and (2) a list of every language in which such information may be made available.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each pharmacy, except for an institutional pharmacy, shall, upon the request of a prescribing practitioner, a patient or an authorized representative of a patient, provide the information required by subsection 6 of NRS 639.2801 in English and any language in which the information is required to be provided pursuant to subsection 3.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 862 (CHAPTER 184, AB 177)ê

2. Each pharmacy subject to the requirements of subsection 1 shall post in a conspicuous place:

(a) Notice of the rights of a patient to request information in a language other than English pursuant to subsection 1; and

(b) A list of every language in which such information is available.

3. The Board shall adopt regulations prescribing every language in which a pharmacy is required to provide information required by NRS 639.2801. The languages in which a pharmacy is required to provide such information must be specified by the regulations adopted by the Board pursuant to this section based on demographic trends and projections.

4. The Board may adopt such other regulations as are necessary to carry out the provisions of this section.

5. If a pharmacy enters into a contract with a third party for the translation of the information that the pharmacy is required to provide pursuant to this section, the pharmacy and any employee of the pharmacy are not liable in any civil action for any injury resulting from the translation by the third party which is not the result of negligence, recklessness or deliberate misconduct of the pharmacy or employee.

Sec. 2. 1. This section becomes effective upon passage and approval.

2. Section 1 of this act becomes effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On July 1, 2022, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 863ê

CHAPTER 185, AB 181

Assembly Bill No. 181–Assemblywoman Peters

CHAPTER 185

[Approved: May 28, 2021]

AN ACT relating to mental health; providing for the reporting of certain information by certain providers of health care relating to attempted suicide; requiring certain insurers and other organizations providing health coverage to adhere to certain provisions of federal law; requiring certain insurers and other organizations providing health coverage to submit information demonstrating mental health parity and addiction equity compliance; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose to report that fact and certain additional information to the Chief Medical Officer pursuant to procedures adopted by regulation by the State Board of Health. (NRS 441A.120, 441A.150) Existing law: (1) makes it a misdemeanor for a provider of health care to willfully fail to make such a report; and (2) additionally subjects a provider of health care who willfully fails to make such a report to an administrative fine. (NRS 441A.920) Sections 6.2 and 6.4 of this bill additionally require certain providers of health care designated by the State Board of Health who know of, or provide services to, a person who has attempted suicide or is suspected of having attempted suicide to report that fact to the Chief Medical Officer pursuant to procedures adopted by regulation by the State Board of Health. If such a provider of health care provides services in a medical facility, section 6.4 authorizes the medical facility to submit the report on behalf of the provider. Section 6.6 of this bill provides for the confidentiality of personal information concerning an attempted suicide reported to the Chief Medical Officer. Section 6.8 of this bill subjects a provider of health care who willfully fails to make such a report to the same misdemeanor penalty and administrative fine as a provider of health care who willfully fails to report a drug overdose. Section 6.4 requires the Chief Medical Officer to annually compile and submit to the Patient Protection Commission a report summarizing the information he or she receives from providers of health care concerning attempted suicide.

The federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 prohibits group health plans and health insurance issuers that provide benefits for mental health or substance use disorders from imposing less favorable benefit limitations on those benefits than on medical and surgical benefits. (Pub. L. No. 100-343, 122 Stat. 3765) Existing state law requires certain insurers or other organizations providing health coverage to comply with the Act. (NRS 687B.404) Section 9 of this bill additionally requires health insurers regulated under state law, other than state and local governmental entities that provide health coverage for their employees, to comply with the Act. Section 9 requires the Commissioner to annually prescribe and provide to insurers a data request that solicits information necessary to evaluate the compliance of the insurer with those federal requirements. Section 8.3 of this bill exempts the adoption and amendment of the data request from requirements concerning the procedures set forth in existing law for adopting regulations. Section 9 requires an insurer to either complete the data request or submit to the Commissioner a copy of a report submitted to the Federal Government demonstrating compliance with those federal requirements. Sections 8.6 and 9 of this bill provide that such information reported by insurers is confidential. Section 9 requires the Commissioner to annually submit a report summarizing the information that he or she receives from insurers to the Patient Protection Commission, the Governor and the Legislature.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 864 (CHAPTER 185, AB 181)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-6. (Deleted by amendment.)

Sec. 6.2. NRS 441A.120 is hereby amended to read as follows:

441A.120 1. The Board shall adopt regulations governing the control of communicable diseases in this State, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:

(a) The diseases which are known to be communicable.

(b) The communicable diseases which are known to be sexually transmitted.

(c) The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.

(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.

(e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.

2. The Board shall adopt regulations governing the procedures for reporting cases or suspected cases of drug overdose and attempted suicide to the Chief Medical Officer or his or her designee, including [the] , without limitation:

(a) The time within which such reports must be made and the information that such reports must include.

(b) The providers of health care who are required to report a case or suspected case of attempted suicide.

3. The duties set forth in the regulations adopted by the Board pursuant to subsection 1 must be performed by:

(a) In a district in which there is a district health officer, the district health officer or the district health officer’s designee; or

(b) In any other area of the State, the Chief Medical Officer or the Chief Medical Officer’s designee.

Sec. 6.4. NRS 441A.150 is hereby amended to read as follows:

441A.150 1. A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board.

2. A provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board. The Chief Medical Officer or his or her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 865 (CHAPTER 185, AB 181)ê

database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.

3. Except as otherwise provided in this subsection, a provider of health care who is required by the regulations adopted pursuant to NRS 441A.120 to report a case or suspected case of attempted suicide and knows of, or provides services to, a person who has attempted suicide or is suspected of having attempted suicide shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board. If such a provider of health care provides services at a medical facility, the medical facility may submit the report on behalf of the provider. The Chief Medical Officer shall annually compile and submit to the Patient Protection Commission created by NRS 439.908 a report summarizing the information reported pursuant to this subsection.

4. A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease , [or] who has suffered or is suspected of having suffered a drug overdose or who has attempted suicide or is suspected of having attempted suicide shall establish administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.

[4.] 5. A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.

[5.] 6. If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.

Sec. 6.6. NRS 441A.220 is hereby amended to read as follows:

441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease , [or] drug overdose [,] or attempted suicide, or by any person who has a communicable disease , [or] has suffered a drug overdose [,] or has attempted suicide, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except:

1. As otherwise provided in NRS 439.538.

2. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

3. In a prosecution for a violation of this chapter.

4. In a proceeding for an injunction brought pursuant to this chapter.

5. In reporting the actual or suspected abuse or neglect of a child or elderly person.

6. To any person who has a medical need to know the information for his or her own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the Board.

7. If the person who is the subject of the information consents in writing to the disclosure.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 866 (CHAPTER 185, AB 181)ê

8. Pursuant to subsection 4 of NRS 441A.320 or NRS 629.069.

9. If the disclosure is made to the Department of Health and Human Services and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.

10. To a firefighter, police officer or person providing emergency medical services if the Board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the Board.

11. If the disclosure is authorized or required by NRS 239.0115 or another specific statute.

Sec. 6.8. NRS 441A.920 is hereby amended to read as follows:

441A.920 Every provider of health care, medical facility or medical laboratory that willfully fails, neglects or refuses to comply with any regulation of the Board relating to the reporting of a communicable disease [or] , a drug overdose or an attempted suicide or any requirement of this chapter is guilty of a misdemeanor and, in addition, may be subject to an administrative fine of $1,000 for each violation, as determined by the Board.

Secs. 7 and 8. (Deleted by amendment.)

Sec. 8.3. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The Governor.

(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

(d) The Office of the Military.

(e) The Nevada Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

(m) The Silver State Health Insurance Exchange.

(n) The Cannabis Compliance Board.

2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 867 (CHAPTER 185, AB 181)ê

(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

(d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

(d) The judicial review of decisions of the Public Utilities Commission of Nevada;

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;

(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075; [or]

(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive [.] ; or

(i) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404.

6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

Sec. 8.6. NRS 239.010 is hereby amended to read as follows:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 868 (CHAPTER 185, AB 181)ê

119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 869 (CHAPTER 185, AB 181)ê

648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

(a) The public record:

(1) Was not created or prepared in an electronic format; and

(2) Is not available in an electronic format; or

(b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software; or

(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 870 (CHAPTER 185, AB 181)ê

Sec. 9. NRS 687B.404 is hereby amended to read as follows:

687B.404 1. An insurer or other organization providing health coverage pursuant to chapter 689A, 689B, 689C, 695A, 695B, 695C , [or] 695F or 695G of NRS , including, without limitation, a health maintenance organization or managed care organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid, shall [comply with] adhere to the applicable provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, and any federal regulations issued pursuant thereto.

2. On or before July 1 of each year, the Commissioner shall prescribe and provide to each insurer or other organization providing health coverage subject to the provisions of subsection 1 a data request that solicits information necessary to evaluate the compliance of an insurer or other organization with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a)(8).

3. On or before October 1 of each year, each insurer or other organization providing health coverage subject to the provisions of subsection 1 shall:

(a) Complete and submit to the Commissioner the data request prescribed pursuant to subsection 2; or

(b) Submit to the Commissioner a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a)(8). The Commissioner may request from an insurer or other organization who submits a copy of such a report any supplemental information necessary to determine whether the insurer or other organization is in compliance with that federal law.

4. Any information provided by an insurer or other organization to the Commissioner pursuant to subsection 3 is confidential.

5. On or before December 31 of each year, the Commissioner shall compile a report summarizing the information submitted to the Commissioner pursuant to this section and submit the report to:

(a) The Patient Protection Commission created by NRS 439.908;

(b) The Governor; and

(1) In even-numbered years, the next regular session of the Legislature; and

(2) In odd-numbered years, the Legislative Committee on Health Care.

6. The Commissioner may adopt any regulations necessary to carry out the provisions of this section.

Sec. 10. (Deleted by amendment.)

Sec. 10.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec. 11. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 10.5, inclusive, of this act become effective:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 871 (CHAPTER 185, AB 181)ê

(a) Upon passage and approval for the purposes of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On January 1, 2022, for all other purposes.

________

CHAPTER 186, AB 200

Assembly Bill No. 200–Assemblywoman Bilbray-Axelrod

Joint Sponsor: Senator Scheible

CHAPTER 186

[Approved: May 28, 2021]

AN ACT relating to veterinary medicine; prohibiting the practice of veterinary medicine except within the context of a veterinarian-client-patient relationship except in certain circumstances; authorizing a veterinarian to supervise a veterinary technician via veterinary telemedicine under certain circumstances; revising which acts constitute the practice of veterinary medicine; revising provisions governing service of process; eliminating the requirement for notarization of applications for certain licenses; revising provisions governing the renewal of certain licenses; authorizing veterinary technicians to administer certain vaccinations under certain circumstances; revising certain procedures required in response to complaints against a licensee; authorizing the Nevada State Board of Veterinary Medical Examiners to issue nondisciplinary letters of correction under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law governs the practice of veterinary medicine. (Chapter 638 of NRS) Section 3 of this bill prohibits, with certain exceptions, the practice of veterinary medicine in this State except within the context of a veterinarian-client-patient relationship. Section 3 also sets forth: (1) the requirements to establish a veterinarian-client-patient relationship; and (2) certain activities that may be conducted in the absence of such a relationship. Section 6 of this bill revises the definition of the “practice of veterinary medicine” to include the rendering of advice or recommendation by any means, including, without limitation, veterinary telemedicine. Section 6 also excludes certain activities conducted by certain persons from that definition.

Section 2 of this bill defines the term “veterinary telemedicine.” Section 4 of this bill authorizes a veterinarian to supervise a veterinary technician via veterinary telemedicine under certain circumstances. Section 5 of this bill makes a conforming change to indicate the placement of section 2 within the Nevada Revised Statutes.

Existing law requires that service of process be made by personal service or by registered or certified mail or, if personal service cannot be made, by publication in certain newspapers. (NRS 638.017) Section 9 of this bill revises the methods of service of process that the Nevada State Board of Veterinary Medical Examiners may use if personal service cannot be made to include any method set forth in the Nevada Rules of Civil Procedure for the service of process in a civil action.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 872 (CHAPTER 186, AB 200)ê

Existing law requires applicants for a license to practice veterinary medicine, surgery, obstetrics or dentistry in this State to submit a written application that is signed by the applicant and notarized. (NRS 638.100) Section 11 of this bill eliminates the requirement that such an application be notarized. Section 10 of this bill eliminates a provision of existing law that authorizes the Board to impose an administrative fine on an applicant for a license who knowingly fails to submit a notarized application. (NRS 638.070)

Existing law requires each person licensed under the chapter to submit to the Board annually an application for renewal of the license. Existing law also establishes the dates for the submission and expiration of such a license and other requirements for renewal of the license. (NRS 638.127) Section 12 of this bill requires instead that a license be renewed biennially and also revises the dates for submission, expiration and other requirements applicable to the renewal of such licenses.

Existing law requires the vaccination of an animal for a zoonotic disease to be administered by a licensed veterinarian or under the direct supervision of a licensed veterinarian. (NRS 638.134) Section 13 of this bill limits this provision by authorizing only a veterinary technician to administer such a vaccination under the direct supervision of a licensed veterinarian. Section 8 of this bill makes a conforming change by similarly revising certain exemptions to the provisions of chapter 638 of NRS.

Existing law establishes the procedures that the Board is required to use in response to a complaint concerning a person licensed by the Board. These procedures include the determination of whether there is sufficient evidence to believe that the licensee has committed an act which constitutes a ground for disciplinary action. If the Board determines that there is such evidence, existing law authorizes the Board to enter into a settlement agreement with the licensee. (NRS 638.1429) Section 14 of this bill authorizes a committee designated by the Board and consisting of members on the Board to take certain actions of the Board’s behalf. Section 14 also authorizes the Board or committee to commence a disciplinary action against a licensee as an alternative to entering into a settlement agreement.

Existing law establishes the actions that the Board is authorized to take if it determines that a person licensed by the Board or an applicant for a license has committed an act which is grounds for disciplinary action. (NRS 638.147) Section 15 of this bill requires the Board to adopt regulations for the optional issuance of a nondisciplinary letter of correction, in lieu of other authorized discipline, to a licensee or applicant for a license who violates a statute or regulation concerning: (1) recordkeeping; (2) inspection of a veterinary facility; or (3) continuing education.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. “Veterinary telemedicine” means the use of medical information exchanged from one site to another via electronic communications regarding the health status of an animal or a group of animals and includes, without limitation, communication via telephone, video, a mobile application or an online platform on an Internet website.

Sec. 3. 1. Except as otherwise provided in subsection 2, a person may not practice veterinary medicine in this State except within the context of a veterinarian-client-patient relationship.

2. A licensed veterinarian may, in good faith and without the establishment of a veterinarian-client-patient relationship, provide emergency or urgent care to an animal when a client cannot be identified.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 873 (CHAPTER 186, AB 200)ê

3. A veterinarian has a veterinarian-client-patient relationship concerning an animal if the veterinarian:

(a) Assumes responsibility for making medical judgments concerning the health of the animal and the need for medical treatment of the animal;

(b) Has knowledge of the present care and health of the animal sufficient to provide at least a general or preliminary diagnosis of the medical condition of the animal, which knowledge must have been acquired by:

(1) Conducting a physical examination of the animal; or

(2) Visiting, within a period of time that is appropriate for the medical issue in question, the premises where the animal is kept;

(c) Obtains an agreement with the client to follow the instructions provided by the veterinarian for the care and medical treatment of the animal;

(d) Is readily available for follow-up evaluation or has arranged for:

(1) Emergency or urgent care coverage; or

(2) Continuing medical care and treatment which has been designated by the veterinarian to be provided by another licensed veterinarian who:

(I) Has access to the medical records of the animal; or

(II) Can provide reasonable and appropriate medical care; and

(e) Provides oversight of treatment.

4. A veterinarian-client-patient relationship is not established solely through veterinary telemedicine. However, once established, a veterinarian-client-patient relationship may be maintained via veterinary telemedicine between:

(a) Medically necessary examinations; or

(b) Visits, within periods of time that are appropriate for the medical issue in question, to the premises where the animal is kept.

5. In the absence of a veterinarian-client-patient relationship:

(a) Except as otherwise provided in paragraph (b), any advice which is provided through electronic means must be general and not specific to a particular animal or its diagnosis or treatment.

(b) Advice and recommendations may be provided via veterinary telemedicine in an emergency, but only until the animal can be examined in person by a licensed veterinarian.

Sec. 4. A supervising veterinarian who has established a veterinarian-client-patient relationship may provide the supervision and control required by this chapter and the regulations adopted pursuant to NRS 638.124 over a veterinary technician who is not located at the same site as the supervising veterinarian via veterinary telemedicine if:

1. The supervising veterinarian and the veterinary technician are both employees of the same veterinary facility; and

2. The veterinary facility is located in Nevada.

Sec. 5. NRS 638.001 is hereby amended to read as follows:

638.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 638.0015 to 638.013, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

Sec. 6. NRS 638.008 is hereby amended to read as follows:

638.008 1. “Practice of veterinary medicine” means:

[1.] (a) To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including, but not limited to:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 874 (CHAPTER 186, AB 200)ê

[(a)] (1) The prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique;

[(b)] (2) The collection of embryos;

[(c)] (3) Testing for pregnancy or for correcting sterility or infertility;

[(d)] (4) Acupuncture;

[(e)] (5) Dentistry;

[(f)] (6) Chiropractic procedures;

[(g)] (7) Surgery, including cosmetic surgery; or

[(h)] (8) Rendering advice or recommendation with regard to any of these [.] by any means, including, without limitation, veterinary telemedicine.

[2.] (b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in [subsection 1.

3.] paragraph (a).

(c) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in [subsection 1,] paragraph (a), except if the person is a veterinarian.

2. The term does not include:

(a) The practice of a veterinarian or veterinary technician while he or she lectures, teaches, administers a practical examination or conducts a laboratory demonstration in a facility in connection with:

(1) A seminar; or

(2) A course of continuing education for veterinarians or veterinary technicians that has been approved by the Board;

(b) The practice of a person who is a graduate from a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association while he or she is preparing to take a clinical proficiency examination administered by the American Veterinary Medical Association for the purpose of acquiring an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or its successor organization as described in paragraph (b) of subsection 2 of NRS 638.100; or

(c) Emergency advice or recommendations given by a poison control center until the animal can be examined in person by a licensed veterinarian.

Sec. 7. (Deleted by amendment.)

Sec. 8. NRS 638.015 is hereby amended to read as follows:

638.015 Nothing in this chapter applies:

1. To the gratuitous castrating, dehorning or vaccinating of domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a [person] veterinary technician under the direct supervision of a licensed veterinarian.

2. To debar any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which the veterinarian is assigned.

3. To any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association who is called into the State for consultation by a person licensed to practice under this chapter for a period not to exceed 30 days in any 12-month period if the person practices under the auspices of a licensed veterinarian.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 875 (CHAPTER 186, AB 200)ê

for consultation by a person licensed to practice under this chapter for a period not to exceed 30 days in any 12-month period if the person practices under the auspices of a licensed veterinarian.

4. To the giving of advice with respect to or the performance of acts which the Board by rule has prescribed as accepted livestock management practices.

5. To the owner of an animal or full-time regular employee of the owner who is caring for and treating an animal which belongs to the owner unless the ownership of the animal is transferred for the purposes of circumventing this chapter, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a person under the direct supervision of a licensed veterinarian.

6. To any person or agency that performs humane services for wildlife animals without charge.

7. To any person, other than a veterinarian, who renders aid, assistance or relief to an animal in an emergency without charge if the person does not represent himself or herself as holding a license to practice veterinary medicine or as holding a degree in veterinary medicine or other related field.

8. To any person, other than a veterinarian, who renders emergency paramedical services to an animal without charge during the transportation of the animal to a veterinary facility.

Sec. 9. NRS 638.017 is hereby amended to read as follows:

638.017 Except as otherwise provided in chapter 622A of NRS:

1. Service of process made pursuant to and all notices of hearings required by this chapter must be [either personal or by registered or certified mail with return receipt requested, addressed to] personally served upon the veterinarian, veterinary technician or applicant for a license, at his or her last known address, as indicated on the records of the Board. If personal service cannot be made [and if notice by mail is returned undelivered, the Executive Director of the Board shall cause a notice of the hearing or action to be published once a week for 4 consecutive weeks in a newspaper published in the county of that person’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.] , the Board may use any other method of service set forth in the Nevada Rules of Civil Procedure for the service of process in a civil action.

2. Proof of service of process [or publication of notice] made pursuant to this chapter must be filed with the Executive Director and recorded in the minutes of the Board.

Sec. 10. NRS 638.070 is hereby amended to read as follows:

638.070 1. The Board shall adopt regulations providing an administrative fine in an amount not to exceed $500 if an applicant for a license or the renewal of a license:

(a) Intentionally or knowingly makes a false or misleading statement on an application; or

(b) [Knowingly fails to submit a notarized application; or

(c)] Fails to inform the Board of any change of information which was contained in an application.

2. The Board may adopt regulations:

(a) Necessary to carry out the provisions of this chapter;

(b) Concerning the rights and responsibilities of veterinary interns and externs and graduates of schools of veterinary medicine located outside the United States or Canada;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 876 (CHAPTER 186, AB 200)ê

(c) Concerning the rights and responsibilities of a veterinarian’s employees who are not licensed nor working towards obtaining a license pursuant to this chapter and whose duties require them to spend a substantial portion of their time in direct contact with animals;

(d) Concerning requirements for continuing education;

(e) Establishing procedures to approve schools which confer the degree of veterinary technician or its equivalent;

(f) Concerning the disposition of animals which are abandoned or left unclaimed at the office of a veterinarian;

(g) Establishing sanitary requirements for facilities in which veterinary medicine is practiced, including, but not limited to, precautions to be taken to prevent the creation or spread of any infectious or contagious disease; and

(h) Concerning alternative veterinary medicine, including, but not limited to, acupuncture, chiropractic procedures, dentistry, cosmetic surgery, holistic medicine, and the provision of such services by a licensed provider of health care under the direction of a licensed veterinarian.

3. The Board may:

(a) Employ attorneys, investigators, hearing officers for disciplinary hearings, and other professional consultants and clerical personnel necessary to the discharge of its duties;

(b) Conduct investigations and take and record evidence as to any matter cognizable by it;

(c) Maintain offices in as many localities in the State as it considers necessary to carry out the provisions of this chapter; and

(d) Purchase or rent any office space, equipment and supplies that it considers necessary to carry out the provisions of this chapter.

Sec. 11. NRS 638.100 is hereby amended to read as follows:

638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

2. The application must include all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that the applicant has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 877 (CHAPTER 186, AB 200)ê

3. A veterinary student in his or her final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue a license until the student has complied with the requirements of subsection 2.

4. The application must be signed by the applicant [, notarized] and accompanied by a fee set by the Board, not to exceed $500.

5. The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

Sec. 12. NRS 638.127 is hereby amended to read as follows:

638.127 1. On or before [November] May 15 of each odd-numbered year, [the Executive Director shall mail to] each person licensed under the provisions of this chapter [an] must:

(a) Submit to the Board an application [form] for renewal of the license.

[2. Each applicant for renewal must complete the form and return it to the Executive Director, accompanied by all information required to complete the renewal,]

(b) Pay the renewal fee and full payment of all fines and any other money which the applicant owes to the Board . [, on or before January 1 of each year. Each application for renewal must be signed by the applicant.] The renewal fee for licensees and persons on inactive status must be in an amount determined by the Board.

[3.] (c) Submit evidence satisfactory to the Board of the applicant’s compliance with any requirements for continuing education.

(d) Submit all other information required by the Board to complete the application for renewal of the license.

2. Upon receipt of the application and all required information and payment of the renewal fee and all fines and any other money owed, the Board shall issue to that person a certificate of renewal.

[4.] 3. Any person who fails to renew a license on or before [March 1] August 31 of each odd-numbered year forfeits the license.

[5.] 4. When a person has forfeited his or her license in the manner provided in subsection [4,] 3, the Board may reinstate the license and issue a certificate of renewal upon receipt of all information required to complete the renewal and payment of:

(a) The renewal fee;

(b) All fines and any other money owed [;] to the Board; and

(c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after [January 1.] June 30.

[6.] 5. If a licensee does not practice for more than 12 consecutive months, the Board may require the licensee to take an examination to determine his or her competency before renewing the license.

[7. If a licensee does not renew his or her license and is licensed to practice in another state or territory of the United States, the Board may not issue the licensee a license to practice in the State by reciprocity. Such a licensee must reinstate the license in the manner prescribed by the Board.]

Sec. 13. NRS 638.134 is hereby amended to read as follows:

638.134 1. Each licensed veterinarian to whom an animal is brought for treatment shall recommend to the owner of the animal or to the person delivering the animal for treatment that the animal receive the vaccinations for zoonotic diseases that are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 878 (CHAPTER 186, AB 200)ê

Control and Prevention of the United States Department of Health and Human Services. The vaccinations must be administered by a licensed veterinarian or a veterinary technician under the direct supervision of a licensed veterinarian. The Board may adopt regulations to ensure compliance with the provisions of this subsection.

2. A licensed veterinarian who agrees to perform veterinary services on an animal shall provide the services at the level of quality required by this chapter regardless of the fee, if any, which the veterinarian charges for his or her services. A violation of this subsection is a ground for disciplinary action.

Sec. 14. NRS 638.1429 is hereby amended to read as follows:

638.1429 1. After the investigation of the complaint is completed, the member of the Board who conducted the investigation shall submit to the Board or appropriate committee a written report of his or her findings and recommendations concerning the disposition of the complaint.

2. If the Board or appropriate committee determines that there is not sufficient evidence to believe that a licensee has committed an act which constitutes a cause for disciplinary action, the Board or committee, as applicable, shall dismiss the complaint and send a written notice to the person who filed the complaint and the licensee who was the subject of the investigation that the complaint was dismissed.

3. If the Board or appropriate committee determines that there is sufficient evidence to believe that a licensee has committed an act which constitutes a ground for disciplinary action, the Board or committee, as applicable, may commence a disciplinary action or enter into a settlement agreement with the licensee. [The]

4. If the Board or appropriate committee enters into a settlement agreement with a licensee, the agreement must be signed by the licensee and the President of the Board. The Board shall send a written notice of the settlement to the person who filed the complaint against the licensee. The notice must include a copy of the settlement agreement. [The complaint and the]

5. A document used to commence a disciplinary action or a settlement agreement are public records.

6. As used in this section, “committee” means a committee designated by the Board and consisting of members of the Board.

Sec. 15. NRS 638.147 is hereby amended to read as follows:

638.147 1. If the Board determines that any applicant for a license or any person licensed pursuant to this chapter has committed any of the acts which are grounds for disciplinary action, the Board may:

(a) Refuse to issue a license.

(b) Refuse to renew a license.

(d) Suspend a license for a definite period or until further order of the Board.

(e) Impose a fine in an amount not to exceed $10,000 for each act which constitutes a ground for disciplinary action.

(f) Place a licensee on probation subject to any reasonable conditions imposed by the Board, including requiring courses in continuing education or a periodic or continuous review of the licensee’s practice.

(g) Administer a public reprimand.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 879 (CHAPTER 186, AB 200)ê

(h) Limit the practice of the licensee to specified branches of veterinary medicine.

(i) Require the licensee to take a competency examination or a mental or physical examination.

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

4. If the Board determines that a person licensed pursuant to this chapter has violated a provision of this chapter, or a regulation adopted by the Board, concerning recordkeeping, inspection of a veterinary facility or continuing education, the Board may, in lieu of any remedy set forth in subsection 1 or NRS 638.1471, issue a nondisciplinary letter of correction. The Board shall adopt regulations to carry out this subsection.

Sec. 16. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 15, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On October 1, 2021, for all other purposes.

________

CHAPTER 187, AB 250

Assembly Bill No. 250–Assemblywomen Jauregui; and Hardy

CHAPTER 187

[Approved: May 28, 2021]

AN ACT relating to insurance; requiring the establishment of an open enrollment period for a Medicare supplemental policy; prohibiting an insurer issuing such a policy from taking certain actions during the open enrollment period; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing federal law establishes the Medicare program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. (42 U.S.C. §§ 1395 et seq.) Existing federal regulations define the term “Medicare supplemental policy” to mean a policy offered by a private insurer that is primarily designed to pay expenses not reimbursed under Medicare because of certain limitations under Medicare. (42 C.F.R. § 403.205) Existing state law authorizes the Commissioner of Insurance to adopt regulations relating to the form, content and sale of policies of insurance which provide for the payment of expenses which are not covered by Medicare, including Medicare supplemental policies. (NRS 687B.430) Sections 1, 3 and 4 of this bill require an insurer offering a Medicare supplemental policy or the Public Employees’ Benefits Program or any local government that provides a similar policy for public employees to offer an open enrollment period for persons covered by such policies, during which the insurer or governmental entity is prohibited from placing certain restrictions on the issuance of such a policy. Section 2 of this bill makes a conforming change to apply the provisions of section 1 to nonprofit hospital and medical or dental service corporations that issue such policies.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 880 (CHAPTER 187, AB 250)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

1. An insurer that issues a Medicare supplemental policy shall offer to a person currently insured under any such policy an annual open enrollment period commencing with the first day of the birthday month of the person and remaining open for at least 60 days thereafter, during which the person may purchase any Medicare supplemental policy made available by the insurer in this State that includes the same or lesser benefits. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), must not be considered when determining whether a Medicare supplemental policy includes the same benefits as or lesser benefits than another such policy.

2. During the open enrollment period offered pursuant to subsection 1, an insurer shall not deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplemental policy based on the health status, claims experience, receipt of health care or medical condition of a person described in subsection 1.

3. At least 30 days before the beginning of the open enrollment period offered pursuant to subsection 1 but not more than 60 days before the beginning of that period, an insurer that issues a Medicare supplemental policy shall notify each person to whom the open enrollment period applies of:

(a) The dates on which the open enrollment period begins and ends and the rights of the person established by the provisions of this section; and

(b) Any modification to the benefits provided by the policy under which the person is currently insured or adjustment to the premiums charged for that policy.

4. As used in this section, “Medicare supplemental policy” has the meaning ascribed to it in 42 C.F.R. § 403.205 and additionally includes policies offered by public entities that otherwise meet the requirements of that section.

Sec. 2. NRS 695B.320 is hereby amended to read as follows:

695B.320 1. Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, NRS 686A.010 to 686A.315, inclusive, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 687B.500 and chapters 692B, 692C, 693A and 696B of NRS, and section 1 of this act, to the extent applicable and not in conflict with the express provisions of this chapter.

2. For the purposes of this section and the provisions set forth in subsection 1, a nonprofit hospital and medical or dental service corporation is included in the meaning of the term “insurer.”

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 881 (CHAPTER 187, AB 250)ê

Sec. 3. NRS 287.010 is hereby amended to read as follows:

287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, section 1 of this act, 689B.030 to 689B.050, inclusive, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 882 (CHAPTER 187, AB 250)ê

and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

5. A contract that is entered into pursuant to subsection 3:

(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

(b) Does not become effective unless approved by the Commissioner.

6. As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

Sec. 4. NRS 287.04335 is hereby amended to read as follows:

287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, section 1 of this act, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

Sec. 5. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 6. This act becomes effective on January 1, 2022.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 883ê

CHAPTER 188, AB 327

Assembly Bill No. 327–Assemblymen Torres, Nguyen, Brown-May; Anderson, Benitez-Thompson, Bilbray-Axelrod, Considine, Duran, González, Gorelow, Leavitt, Martinez, Marzola, Brittney Miller, Orentlicher, Peters, Roberts, Thomas, Tolles and Watts

Joint Sponsors: Senators Donate and Spearman

CHAPTER 188

[Approved: May 28, 2021]

AN ACT relating to mental health; requiring certain mental health professionals to complete continuing education concerning cultural competency and diversity, equity and inclusion; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires behavior analysts, physicians, physician assistants, nurses, psychologists, marriage and family therapists, clinical professional counselors, social workers, clinical alcohol and drug counselors, alcohol and drug counselors and problem gambling counselors to complete certain continuing education as a condition to the renewal of a license or certificate. (NRS 437.225, 630.253, 632.343, 633.471, 641.220, 641A.260, 641B.280, 641C.450) Existing law requires certain facilities that provide health care to conduct training relating to cultural competency for any agent or employee of such a facility who provides care to a patient or resident of the facility. (NRS 449.103) Sections 1-7.5 of this bill require a psychiatrist, physician assistant practicing under the supervision of a psychiatrist, nurse, marriage and family therapist, clinical professional counselor, social worker, clinical alcohol and drug counselor, alcohol and drug counselor, problem gambling counselor or behavior analyst to complete a certain number of hours of instruction concerning cultural competency and diversity, equity and inclusion as part of that continuing education. Sections 1-7.5 authorize such a provider who receives training relating to cultural competency as the employee of a facility that provides health care to use that training to satisfy the requirement that such a provider complete a certain number of hours of instruction concerning cultural competency and diversity, equity and inclusion. Sections 1-7.5 require such cultural competency training to address persons from different cultural backgrounds, including: (1) persons from various gender, racial and ethnic backgrounds; (2) persons from various religious backgrounds; (3) lesbian, gay, bisexual, transgender and questioning persons; (4) children and senior citizens; (5) veterans; (6) persons with mental illness; (7) persons with an intellectual disability, developmental disability or physical disability; and (8) other populations designated by the applicable licensing Board.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 630.253 is hereby amended to read as follows:

630.253 1. The Board shall, as a prerequisite for the:

(a) Renewal of a license as a physician assistant; or

(b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 884 (CHAPTER 188, AB 327)ê

2. These requirements:

(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

(c) Must provide for the completion by a holder of a license to practice medicine of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection [5.] 6.

(d) Must provide for the biennial completion by each psychiatrist and each physician assistant practicing under the supervision of a psychiatrist of one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a psychiatrist or a physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.

[Ê]

3. The Board may [thereafter] determine whether to include in a program of continuing education [additional] courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction [.] in addition to the course of instruction required by paragraph (b) of subsection 2.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 885 (CHAPTER 188, AB 327)ê

[3.] 4. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

(a) The skills and knowledge that the licensee needs to address aging issues;

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

(d) The importance of maintenance of function and independence for older persons.

[4.] 5. The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

[5.] 6. The Board shall require each holder of a license to practice medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:

(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

(b) Approaches to engaging other professionals in suicide intervention; and

[6.] 7. The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

[7.] 8. A holder of a license to practice medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

[8.] 9. A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management or care for persons with an addictive disorder for the purposes of satisfying an equivalent requirement for continuing education in ethics.

[9.] 10. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 886 (CHAPTER 188, AB 327)ê

Sec. 2. NRS 632.343 is hereby amended to read as follows:

632.343 1. The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

(a) An accredited school of professional nursing;

(b) An accredited school of practical nursing;

(d) An approved school of practical nursing in the process of obtaining accreditation.

2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

3. The program of continuing education required by subsection 1 must include:

(a) For a person licensed as an advanced practice registered nurse, a course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection [5.] 6.

(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

(c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 887 (CHAPTER 188, AB 327)ê

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board.

[Ê]

4. The Board may [thereafter] determine whether to include in a program of continuing education [additional] courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction [.] in addition to the course of instruction required by paragraph (b) of subsection 3.

[4.] 5. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

(a) The skills and knowledge that the licensee needs to address aging issues;

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

(d) The importance of maintenance of function and independence for older persons.

[5.] 6. The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

[6.] 7. The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

[7.] 8. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 888 (CHAPTER 188, AB 327)ê

Sec. 3. NRS 633.471 is hereby amended to read as follows:

633.471 1. Except as otherwise provided in subsection [10] 11 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

(a) Applying for renewal on forms provided by the Board;

(b) Paying the annual license renewal fee specified in this chapter;

(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

(d) Submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

(e) Submitting all information required to complete the renewal.

2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

4. The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 8.

5. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

6. The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

7. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management or care of persons with addictive disorders.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 889 (CHAPTER 188, AB 327)ê

a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management or care of persons with addictive disorders.

8. The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:

(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

(b) Approaches to engaging other professionals in suicide intervention; and

9. A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

10. The Board shall require each psychiatrist or a physician assistant practicing under the supervision of a psychiatrist to biennially complete one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(a) May include the training provided pursuant to NRS 449.103, where applicable.

(b) Must be based upon a range of research from diverse sources.

(1) Persons from various gender, racial and ethnic backgrounds;

(2) Persons from various religious backgrounds;

(3) Lesbian, gay, bisexual, transgender and questioning persons;

(4) Children and senior citizens;

(5) Veterans;

(6) Persons with a mental illness;

(7) Persons with an intellectual disability, developmental disability or physical disability; and

(8) Persons who are part of any other population that a psychiatrist or physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.

11. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

Sec. 4. NRS 641.220 is hereby amended to read as follows:

641.220 1. To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

(a) Apply to the Board for renewal;

(b) Pay the biennial fee for the renewal of a license;

(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

(d) Submit all information required to complete the renewal.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 890 (CHAPTER 188, AB 327)ê

2. Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

3. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

4. The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation [, a] :

(a) A requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this [subsection] paragraph must be completed within 2 years after initial licensure and at least every 4 years thereafter.

(b) A requirement that the holder of a license must biennially receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.

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

641A.260 1. To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of his or her current license:

(a) Apply to the Board for renewal;

(b) Pay the fee for the biennial renewal of a license set by the Board;

(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board, unless the Board has granted a waiver pursuant to NRS 641A.265; and

(d) Submit all information required to complete the renewal.

2. Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation [, a] :

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 891 (CHAPTER 188, AB 327)ê

(a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

(b) A requirement that the holder receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board.

Sec. 6. NRS 641B.280 is hereby amended to read as follows:

641B.280 1. Every holder of a license issued pursuant to this chapter may renew his or her license annually by:

(a) Applying to the Board for renewal;

(b) Paying the annual renewal fee set by the Board;

(c) Submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and

(d) Submitting all information required to complete the renewal.

2. The Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation [, a] :

(a) A requirement that every 2 years the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

(b) A requirement that every 2 years the holder receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 892 (CHAPTER 188, AB 327)ê

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that the holder of a license issued pursuant to this chapter may need to better understand, as determined by the Board.

Sec. 7. NRS 641C.450 is hereby amended to read as follows:

641C.450 Except as otherwise provided in NRS 641C.310, 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board:

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

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

3. Evidence of completion of the continuing education required by the Board, which must include, without limitation [, a] :

(a) A requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicant’s licensure or certification . [;]

(b) A requirement that the applicant receive at least 1 hour of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicant’s licensure or certification. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board.

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

5. All information required to complete the renewal.

Sec. 7.5. NRS 437.225 is hereby amended to read as follows:

437.225 1. To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

(a) Apply to the Division for renewal;

(b) Pay the biennial fee for the renewal of a license or registration;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 893 (CHAPTER 188, AB 327)ê

(1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and

(2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and

(d) Submit all information required to complete the renewal.

2. In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 437.200.

3. The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:

(a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable . [; and]

(b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

(c) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

(1) May include the training provided pursuant to NRS 449.103, where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual, transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.

4. The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

Sec. 8. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 7.5, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On January 1, 2022, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 894ê

CHAPTER 189, AB 345

Assembly Bill No. 345–Assemblyman Orentlicher

Joint Sponsor: Senator Donate

CHAPTER 189

[Approved: May 28, 2021]

AN ACT relating to drug paraphernalia; providing that it is not unlawful to provide, administer or use a testing product for certain purposes; exempting a person or entity acting in good faith and with reasonable care from professional discipline and civil liability for providing, administering or using a testing product for those purposes; excluding testing products from the list of drug paraphernalia that is prohibited for delivery, sale, possession, manufacture, advertising or use in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law makes it a felony to deliver, sell, possess with intent to sell or manufacture with intent to deliver or sell drug paraphernalia when the person engaging in the delivery, sale, possession or manufacture knows or reasonably should know that the drug paraphernalia will be used as such. (NRS 453.560) Existing law further makes it a felony for a person to deliver drug paraphernalia to a minor who is at least 3 years younger than the person. (NRS 453.562) Existing law additionally makes it a misdemeanor to: (1) advertise drug paraphernalia in print where one knows or should know that the advertisement is for the purpose of promoting objects designed or intended for use as drug paraphernalia; (2) use drug paraphernalia as such; or (3) possess drug paraphernalia with the intent to use it as such. (NRS 453.564, 453.566) Section 1 of this bill provides that it is not unlawful to provide, administer or use a testing product to assist a person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds. Section 1 also exempts a person or entity who acts in good faith and with reasonable care in providing, administering or using a testing product for that purpose from professional discipline and civil liability. Section 2 of this bill excludes testing products from the definition of the term “drug paraphernalia” for the purposes of those offenses. Section 3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

1. It is not unlawful to provide, administer or use a testing product to assist a person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds.

2. A person or entity who, acting in good faith and with reasonable care, provides, administers or uses a testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds is immune from sanction under any professional licensing statute and civil liability for such an act.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 895 (CHAPTER 189, AB 345)ê

3. As used in this section, “testing product” has the meaning ascribed to it in NRS 453.554.

Sec. 2. NRS 453.554 is hereby amended to read as follows:

453.554 1. Except as otherwise provided in subsection 2, as used in NRS 453.554 to 453.566, inclusive, and section 1 of this act, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:

(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;

(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(d) Testing equipment , other than testing products, used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and

(k) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Smoking masks;

(4) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(5) Cocaine spoons and cocaine vials;

(6) Carburetor pipes and carburetion tubes and devices;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 896 (CHAPTER 189, AB 345)ê

(7) Chamber pipes;

(8) Electric pipes;

(9) Air-driven pipes;

(10) Chillums;

(11) Bongs; and

(12) Ice pipes or chillers.

2. The term does not include [any] :

(a) Any type of hypodermic syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection [.] ; or

(b) Testing products.

3. As used in this section:

(a) “Fentanyl test strip” means a strip used to rapidly test for the presence of fentanyl or other synthetic opiates.

(b) “Testing product” means a product, including, without limitation, a fentanyl test strip, that analyzes a controlled substance for the presence of adulterants.

Sec. 3. NRS 453C.150 is hereby amended to read as follows:

453C.150 1. Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:

(a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:

(1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive [;] , and section 1 of this act;

(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 or 453.3405; or

(3) Use of a controlled substance, including, without limitation, NRS 453.336;

(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;

(d) A condition of the person’s parole or probation,

Ê if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.

2. A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.

3. For the purposes of this section, a person seeks medical assistance if the person:

(a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 897 (CHAPTER 189, AB 345)ê

(b) Assists another person making such a report;

(c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance; or

(d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.

4. The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.

5. As used in this section, “drug or alcohol overdose” means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

Sec. 4. This act becomes effective upon passage and approval.

________

CHAPTER 190, AB 394

Assembly Bill No. 394–Committee on Judiciary

CHAPTER 190

[Approved: May 28, 2021]

AN ACT relating to civil actions; providing that behavioral health specialists performing mobile crisis intervention services are immune from civil liability under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides certain persons with immunity from civil liability for certain acts or omissions under certain circumstances. (Chapter 41 of NRS) This bill provides that a behavioral health specialist performing mobile crisis intervention services by telephone or audio-video communication, whether for compensation or gratuitously, is immune from any civil liability in the performance of mobile crisis intervention services if: (1) the acts or omissions of the person are in good faith; and (2) the acts or omissions of the person do not constitute gross negligence or willful, wanton or intentional misconduct.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A behavioral health specialist performing mobile crisis intervention services by telephone or audio-video communication, whether for compensation or gratuitously, is immune from any civil liability in the performance of mobile crisis intervention services if:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 898 (CHAPTER 190, AB 394)ê

compensation or gratuitously, is immune from any civil liability in the performance of mobile crisis intervention services if:

(a) The acts or omissions of the person are in good faith; and

(b) The acts or omissions of the person do not constitute gross negligence or willful, wanton or intentional misconduct.

2. As used in this section:

(a) “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.

(b) “Behavioral health specialist” means a psychiatrist who is licensed pursuant to chapter 630 or 633 of NRS, a psychologist, a physician assistant or an advanced practice registered nurse who is certified to practice as a behavioral health specialist, or a person who is licensed as a clinical social worker, clinical professional counselor or marriage and family therapist.

(c) “Mobile crisis intervention services” means services provided under the direction of a peace officer while engaging in an emergency response to assist a person who is experiencing a behavioral health crisis by:

(1) Stabilizing, de-escalating or resolving the crisis;

(2) Screening or assessing the person for safety; or

(3) Creating a safety plan.

(d) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

Sec. 2. The provisions of this act apply to a cause of action that accrues on or after July 1, 2021.

Sec. 3. This act becomes effective on July 1, 2021.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 899ê

CHAPTER 191, AB 436

Assembly Bill No. 436–Committee on Commerce and Labor

CHAPTER 191

[Approved: May 28, 2021]

AN ACT relating to health care; prohibiting an insurer from entering into a contract with a provider of vision care that contains certain provisions; requiring an insurer to provide certain information to a provider of vision care before entering into a contract to include the provider in the network of the insurer; prescribing certain requirements concerning the advertising and marketing of vision coverage; authorizing the imposition of an administrative penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits certain unfair trade practices in the business of insurance. (NRS 686A.010-686A.280) Section 1 of this bill prohibits an insurer from entering into a contract with a provider of vision care that places certain limitations on coverage. Section 1 also requires an insurer to provide to a provider of vision care a list of the rates of reimbursement that the insurer provides for covered vision care before entering into a contract to include the provider of vision care in the network of the insurer. Section 1 additionally: (1) requires an insurer to disclose in any policy of vision insurance or related materials any ownership or other pecuniary interest of the insurer in a manufacturer of goods covered by the policy or in a provider of vision care; and (2) imposes certain restrictions on the manner in which an insurer may advertise a policy of insurance that covers vision care. Sections 2 and 3 of this bill authorize the Commissioner of Insurance to enforce the requirements of section 1 in the same manner as other provisions governing the trade practices of insurers. Specifically, section 2 authorizes the Commissioner to hold a hearing if he or she has cause to believe that a violation of section 1 has occurred. If the Commissioner finds after that hearing that a violation has occurred and the insurer in violation knew or should have known of the violation, section 3 authorizes the Commissioner to impose an administrative penalty or take action against the license of the insurer. Sections 4-9 of this bill provide that certain entities that provide vision coverage, including local governments and the Public Employees’ Benefits Program, are subject to the provisions of section 1.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

1. An insurer shall not enter into a contract with a provider of vision care that conditions any rate of reimbursement for vision care on the provider of vision care prescribing ophthalmic devices or materials in which the insurer has an ownership or other pecuniary interest or increases the rate of reimbursement if the provider of vision care prescribes such ophthalmic devices or materials.

2. Before entering into a contract with a provider of vision care to include the provider of vision care in the network of an insurer, the insurer must provide to the provider of vision care a list of the rates of reimbursement for each service covered by the contract.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 900 (CHAPTER 191, AB 436)ê

must provide to the provider of vision care a list of the rates of reimbursement for each service covered by the contract.

3. An insurer shall disclose in any policy of insurance that covers vision care or any description of benefits covered by such a policy, whether written or electronic, any ownership or other pecuniary interest of the insurer in a supplier of ophthalmic devices or materials or a provider of vision care. The disclosure must appear in a conspicuous and clear manner.

4. An insurer that does not provide reimbursement for specific vision care shall not claim in any advertisement or other material that the insurer covers that vision care if such vision care is available at a discount or with a copayment or coinsurance in an amount that is in addition to the copayment or coinsurance that a covered person is typically required to pay for covered services.

5. As used in this section:

(a) “Provider of vision care” means a physician who provides vision care or an optometrist.

(b) “Vision care” means:

(1) Routine ophthalmological evaluation of the eye, including refraction.

(2) Ophthalmic devices or materials, including, without limitation, lenses, frames, mountings or other specially fabricated ophthalmic devices.

Ê The term “vision care” does not include the initiation of treatment or diagnosis pursuant to a program of medical care.

Sec. 2. NRS 686A.160 is hereby amended to read as follows:

686A.160 If the Commissioner has cause to believe that any person has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by NRS 686A.010 to 686A.310, inclusive, and section 1 of this act and that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner may issue and serve upon such person a statement of the charges and a notice of the hearing to be held thereon. The statement of charges and notice of hearing shall comply with the requirements of NRS 679B.320 and shall be served upon such person directly or by certified or registered mail, return receipt requested.

Sec. 3. NRS 686A.183 is hereby amended to read as follows:

686A.183 1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue an order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:

(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.

(b) Suspension or revocation of the person’s license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive [.] , and section 1 of this act.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 901 (CHAPTER 191, AB 436)ê

2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set aside, in whole or in part, any order issued by him or her under this section.

3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him or her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.

Sec. 4. NRS 686A.520 is hereby amended to read as follows:

686A.520 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and section 1 of this act apply to companies.

2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “company.”

Sec. 5. NRS 695B.320 is hereby amended to read as follows:

695B.320 1. Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, NRS 686A.010 to 686A.315, inclusive, and section 1 of this act, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 687B.500 and chapters 692B, 692C, 693A and 696B of NRS, to the extent applicable and not in conflict with the express provisions of this chapter.

2. For the purposes of this section and the provisions set forth in subsection 1, a nonprofit hospital and medical or dental service corporation is included in the meaning of the term “insurer.”

Sec. 6. NRS 695C.300 is hereby amended to read as follows:

695C.300 1. No health maintenance organization or representative thereof may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading or any form of evidence of coverage which is deceptive. For purposes of this chapter:

(a) A statement or item of information shall be deemed to be untrue if it does not conform to fact in any respect which is or may be significant to an enrollee of, or person considering enrollment in, a health care plan.

(b) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue if, in the total context in which such statement is made or such item of information is communicated, such statement or item of information may be reasonably understood by a reasonable person not possessing special knowledge regarding health care coverage, as indicating any benefit or advantage or the absence of any exclusion, limitation or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health care plan if such benefit or advantage or absence of limitation, exclusion or disadvantage does not in fact exist.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 902 (CHAPTER 191, AB 436)ê

(c) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage taken as a whole, and with consideration given to typography and format as well as language, shall be such as to cause a reasonable person not possessing special knowledge regarding health care plans and evidences of coverage therefor to expect benefits, services, charges or other advantages which the evidence of coverage does not provide or which the health care plan issuing such evidence of coverage does not regularly make available for enrollees covered under such evidence of coverage.

2. NRS 686A.010 to 686A.310, inclusive, and section 1 of this act shall be construed to apply to health maintenance organizations, health care plans and evidences of coverage except to the extent that the nature of health maintenance organizations, health care plans and evidences of coverage render the sections therein clearly inappropriate.

3. An enrollee may not be cancelled or not renewed except for the failure to pay the charge for such coverage or for cause as determined in the master contract.

4. No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words “insurance,” “casualty,” “surety,” “mutual” or any other words descriptive of the insurance, casualty or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this State.

5. No person not certificated under this chapter shall use in its name, contracts or literature the phrase “health maintenance organization” or the initials “HMO.”

Sec. 7. NRS 695F.090 is hereby amended to read as follows:

695F.090 1. Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

(a) NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

(b) NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

(d) The fees imposed pursuant to NRS 449.465.

(e) NRS 686A.010 to 686A.310, inclusive, and section 1 of this act concerning trade practices and frauds.

(f) The assessment imposed pursuant to NRS 679B.700.

(g) Chapter 683A of NRS.

(h) To the extent applicable, the provisions of NRS 689B.340 to 689B.580, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

(i) NRS 689A.035, 689A.0463, 689A.410, 689A.413 and 689A.415.

(j) NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

(k) Chapter 692C of NRS, concerning holding companies.

(l) NRS 689A.637, concerning health centers.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 903 (CHAPTER 191, AB 436)ê

2. For the purposes of this section and the provisions set forth in subsection 1, a prepaid limited health service organization is included in the meaning of the term “insurer.”

Sec. 8. NRS 287.010 is hereby amended to read as follows:

287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, 689B.287 and 689B.500 and section 1 of this act apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 904 (CHAPTER 191, AB 436)ê

corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

5. A contract that is entered into pursuant to subsection 3:

(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

(b) Does not become effective unless approved by the Commissioner.

6. As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

Sec. 9. NRS 287.04335 is hereby amended to read as follows:

287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 1 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

Secs. 10-12. (Deleted by amendment.)

Sec. 13. The provisions of section 1 of this act do not apply to any contract existing on October 1, 2021, between an insurer and a provider of vision care until the contract is renewed.

Sec. 14. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 905ê

CHAPTER 192, AB 19

Assembly Bill No. 19–Committee on Education

CHAPTER 192

[Approved: May 28, 2021]

AN ACT relating to education; revising the academic subjects that constitute social studies; exempting standards of content and performance for courses of study in public schools from certain requirements governing the adoption of regulations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law: (1) designates certain academic subjects, including social studies, as core academic subjects that must be taught in all public schools; and (2) requires the Council to Establish Academic Standards for Public Schools to adopt standards of content and performance for certain courses of study, including courses in the core academic subjects. Additionally, existing law provides that social studies includes only the subjects of history, geography, economics and government. (NRS 389.018, 389.520) Sections 2 and 3 of this bill remove government from the list of subjects included within social studies and add civics, financial literacy and multicultural education to that list.

Existing law requires rules of general applicability to be adopted as regulations and prescribes a process for the adoption of regulations. (NRS 233B.038, 233B.040-233B.115) Section 4 of this bill exempts standards of content and performance for courses of study in public schools from the process otherwise required for the adoption of regulations, and section 5 of this bill provides for the removal of existing standards from the Nevada Administrative Code.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. NRS 389.018 is hereby amended to read as follows:

389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

(a) English language arts;

(b) Mathematics;

(d) Social studies, which includes only the subjects of history, geography, economics , civics, financial literacy and [government.] multicultural education.

2. Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

(a) Four units of credit in English language arts;

(b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 906 (CHAPTER 192, AB 19)ê

(d) Three units of credit in social studies, including, without limitation:

(1) American government;

(2) American history; and

(3) World history or geography.

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable.

3. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021 and the instruction prescribed by subsection 1 of NRS 389.064, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

4. Instruction in health and physical education provided pursuant to subsection 3 must include, without limitation, instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.

Sec. 3. NRS 389.520 is hereby amended to read as follows:

389.520 1. The Council shall:

(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 5, based upon the content of each course, that is expected of pupils for the following courses of study:

(1) English language arts;

(2) Mathematics;

(3) Science;

(4) Social studies, which includes only the subjects of history, geography, economics , civics, financial literacy and [government;] multicultural education;

(5) The arts;

(6) Computer education and technology, which includes computer science and computational thinking;

(7) Health;

(8) Physical education; and

(9) A foreign or world language.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 907 (CHAPTER 192, AB 19)ê

(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 390.115 of the results of pupils on the examinations administered pursuant to NRS 390.105.

(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

2. The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

(a) The ethical use of computers and other electronic devices, including, without limitation:

(1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

(2) Methods to ensure the prevention of:

(I) Cyber-bullying;

(II) Plagiarism; and

(III) The theft of information or data in an electronic form;

(b) The safe use of computers and other electronic devices, including, without limitation, methods to:

(1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

(2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

(3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

(1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

(2) The necessity for secure passwords or other unique identifiers;

(3) The effects of a computer contaminant;

(4) Methods to identify unsolicited commercial material; and

(5) The dangers associated with social networking Internet sites; and

(d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

3. The standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.

4. The standards for health must include mental health and the relationship between mental health and physical health.

5. The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English language arts and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 908 (CHAPTER 192, AB 19)ê

content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

6. The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

(a) Adopt the standards for each course of study, as submitted by the Council; or

(b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

7. If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

(a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

(b) Return the standards or the revised standards, as applicable, to the State Board.

Ê The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

8. The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 390.105.

9. As used in this section:

(a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

(b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

Sec. 4. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The Governor.

(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

(d) The Office of the Military.

(e) The Nevada Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 909 (CHAPTER 192, AB 19)ê

(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

(m) The Silver State Health Insurance Exchange.

(n) The Cannabis Compliance Board.

3. The special provisions of:

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

(d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

5. The provisions of this chapter do not apply to:

(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

(d) The judicial review of decisions of the Public Utilities Commission of Nevada;

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;

(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075; [or]

(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive [.] ; or

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 910 (CHAPTER 192, AB 19)ê

(i) The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520.

6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

Sec. 5. As soon as practicable after the effective date of this act, the Legislative Counsel shall remove from the Nevada Administrative Code all regulations establishing standards of content and performance for courses of study in public schools.

Sec. 6. This act becomes effective upon passage and approval.

________

CHAPTER 193, SB 66

Senate Bill No. 66–Committee on Education

CHAPTER 193

[Approved: May 28, 2021]

AN ACT relating to education; prescribing the duties of the Office of Science, Innovation and Technology relating to access to the Internet and telecommunications technology for pupils; requiring the board of trustees of each school district and the State Public Charter School Authority to report certain information to the Office; requiring the Office to prepare and submit an annual report; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Office of Science, Innovation and Technology, which is required, in general, to advise on matters relating to science, innovation, technology and broadband service. (NRS 223.600, 223.610) Section 3 of this bill sets forth additional duties of the Office, which include, without limitation, developing a statewide system of gathering data relating to the extent to which pupils have access to the Internet at their homes and access to telecommunications technology, including, without limitation, a laptop computer or tablet device. Section 3 also requires the Office to work with various entities to ensure pupils have access to the Internet and telecommunications technology. Finally, section 3 authorizes the Department of Education and the Office to adopt any regulations necessary to carry out the provisions of section 3.

Section 3.5 of this bill requires the board of trustees of each school district and the State Public Charter School Authority to submit to the Office certain information relating to the extent to which pupils have access to the Internet at their homes and access to telecommunications technology.

Section 4 of this bill requires the Office to prepare an annual report on the status of the Office in carrying out its duties prescribed by section 3 and submit the report to the Governor, the State Board of Education and: (1) in odd-numbered years, to the Senate and Assembly Standing Committees on Education; and (2) in even-numbered years, to the Legislative Committee on Education.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 911 (CHAPTER 193, SB 66)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3, 3.5 and 4 of this act.

Sec. 2. (Deleted by amendment.)

Sec. 3. 1. The Office of Science, Innovation and Technology established by NRS 223.600 shall:

(a) In consultation with the board of trustees of each school district, develop a standardized, statewide system of gathering data from pupils and their families to assess the ability of pupils to access the Internet at their homes. The statewide system must:

(1) Be able to be replicated each year;

(2) Be developed with consideration of existing processes and systems for gathering data on pupils and their families and, to the greatest extent possible, use such processes and systems;

(3) Provide data on access to the Internet at the permanent or temporary address of a pupil; and

(4) To the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, be able to disaggregate data based on the name of the pupil, the name of the family of the pupil and other appropriate personally identifiable information.

(b) Develop a method to share the data gathered pursuant to paragraph (a), to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, with providers of telecommunications networks, services or equipment interested in providing access to the Internet to pupils who lack access to the Internet at their homes.

(c) Develop recommendations for minimum standards for telecommunications technology owned by a school or school district that will best ensure the capability of the telecommunications technology to connect to the Internet. The recommendations must, without limitation:

(1) Evaluate the connectivity capabilities of the telecommunications technology and not other features, including, without limitation, processing power and memory;

(2) Require the telecommunications technology to connect to wireless fidelity, fixed wireless and mobile wireless Internet; and

(3) Include a list of recommended telecommunications technology that meets the recommended standards.

(d) Review each report submitted by the board of trustees of a school district and the State Public Charter School Authority pursuant to section 3.5 of this act and, based on the review:

(1) Conduct an analysis to identify any gaps in access to the Internet which must, without limitation:

(I) Disaggregate any data by school district, charter school, the number of pupils who lack access to the Internet and the number of pupils who lack access to telecommunications technology;

(II) Review data gathered in response to the public-health crisis caused by the COVID-19 pandemic; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 912 (CHAPTER 193, SB 66)ê

(III) To the greatest extent possible, use existing mechanisms for gathering data;

(2) Develop a fiscal plan to close gaps in access to the Internet and gaps in access to telecommunications technology which may include, without limitation, use of the Lifeline program of the Federal Communications Commission, or its successor program, the Emergency Broadband Benefit program of the Federal Communications Commission, or its successor program, or the Schools and Libraries Universal Service Support program of the Federal Communications Commission, or its successor program; and

(3) Develop a plan to assess the speed of uploads and downloads on telecommunications technology to determine the number of pupils who have access to the Internet but lack sufficient speeds to participate in remote learning.

2. In carrying out its duties pursuant to subsection 1, the Office shall work with:

(a) Private sector providers of telecommunications networks, services or equipment to understand the data and guarantees of payment that may be required to connect to the Internet pupils who lack access to the Internet at their homes;

(b) Persons and entities who can inform the Office on current and future standards for wireless fidelity, fixed wireless and mobile wireless Internet and spectrum availability and provide recommendations on the features a telecommunications technology must have to connect with existing and future broadband networks;

(c) Persons and entities who can provide information on delivery of access to the Internet that, to the greatest extent possible, will use existing firewall and filter services provided by a school district or charter school;

(d) Persons and entities who can provide information on gathering data, data privacy and laws and regulations on data-sharing that could affect the efforts of the Office to identify and provide access to the Internet to pupils who lack access to the Internet at their homes; and

(e) Persons and entities, including, without limitation, the Department of Health and Human Services, who can provide information on programs that may be used to provide access to the Internet to pupils who lack access to the Internet at their homes.

3. The Department and the Office may adopt any regulations necessary to carry out the provisions of this section.

4. As used in this section, “telecommunications technology” includes, without limitation, a laptop computer or tablet device.

Sec. 3.5. 1. On or before November 1 of each year, the board of trustees of each school district and the State Public Charter School Authority shall submit a report to the Office of Science, Technology and Innovation in a manner prescribed by the Office. The report must include:

(a) The number of pupils who lack access to the Internet at their homes and, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the addresses of such pupils;

(b) The number of pupils who use a hotspot provided by the school district or charter school to access the Internet;

(c) The number of pupils who lack access to telecommunications technology that is capable of facilitating remote learning;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 913 (CHAPTER 193, SB 66)ê

(d) The number of pupils who lack both access to the Internet and access to telecommunications technology; and

(e) The current requirements of the board of trustees of the school district or the State Public Charter School Authority for telecommunications technology owned by the school district, a school within the school district, the State Public Charter School Authority or a charter school sponsored by the State Public Charter School Authority.

2. As used in this section, “telecommunications technology” includes, without limitation, a laptop computer or tablet device.

Sec. 4. 1. On or before February 1 of each year, the Office of Science, Innovation and Technology shall prepare an annual report concerning the status of the Office in carrying out its duties prescribed by section 3 of this act and submit the report to the Governor, the State Board and:

(a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

(b) In even-numbered years, to the Legislative Committee on Education.

2. The Office shall post a copy of the report prepared pursuant to subsection 1 on the Internet website maintained by the Office.

Sec. 5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

________

CHAPTER 194, SB 58

Senate Bill No. 58–Committee on Growth and Infrastructure

CHAPTER 194

[Approved: May 28, 2021]

AN ACT relating to public safety; revising certain functions and responsibilities of the Investigation Division of the Department of Public Safety and the Chief of the Investigation Division; granting authority to the Director of the Department to authorize the Department, the various divisions of the Department and the officers and employees of the Department to use certain designations to identify themselves; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the primary functions and responsibilities of the Investigation Division of the Department of Public Safety. (NRS 480.140) Section 1 of this bill adds to the functions and responsibilities of the Investigation Division the duty to provide investigative services to other divisions of the Department of Public Safety as determined by the Director of the Department. Section 1 also adds the duties to: (1) investigate certain technological crimes and enforce provisions of law relating to technological crime; and (2) provide investigative services upon request to certain state agencies in criminal investigations relating to cannabis.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 914 (CHAPTER 194, SB 58)ê

Existing law requires the Chief of the Investigation Division to furnish services relating to the investigation of crimes upon the request of the Attorney General or any sheriff, chief of police or district attorney. (NRS 480.460) Section 2 of this bill requires the Chief to provide investigative services to the heads of certain state agencies upon request. Section 2 also requires the Chief to: (1) investigate certain technological crimes and enforce provisions of law relating to technological crime; and (2) provide investigative services upon request to certain state agencies in criminal investigations relating to cannabis.

Existing law establishes the duties and powers of the Director of the Department. (NRS 480.150) Section 1.5 of this bill additionally grants authority to the Director to authorize the Department, the various divisions of the Department and the officers and employees of the Department to use certain designations to identify themselves.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 480.140 is hereby amended to read as follows:

480.140 The primary functions and responsibilities of the divisions of the Department are as follows:

1. The Investigation Division shall:

(a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

(b) Investigate technological crime, as defined in NRS 205A.030, and enforce the provisions of the law of this State relating to technological crime, as defined in NRS 205A.030;

(d) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; [and

(c)] (e) Upon request, assist:

(1) The Department of Taxation in carrying out a criminal investigation relating to cannabis pursuant to NRS 372A.200 to 372A.380, inclusive, and chapter 678A of NRS;

(2) The Division of Public and Behavioral Health of the Department of Health and Human Services in carrying out a criminal investigation relating to cannabis pursuant to chapter 678C of NRS; and

(3) The Cannabis Compliance Board in carrying out a criminal investigation pursuant to title 56 of NRS; and

(f) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

2. The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

3. The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 915 (CHAPTER 194, SB 58)ê

4. The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

5. The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

6. The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

7. The Nevada Office of Cyber Defense Coordination shall:

(a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State; and

(b) Execute, administer and enforce the provisions of NRS 480.900 to 480.950, inclusive, and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.900 to 480.950, inclusive, and any other specific statute.

8. The Training Division shall provide training to the employees of the Department.

9. The Records, Communications and Compliance Division shall:

(a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;

(b) Provide dispatch services for the Department and other agencies as determined by the Director;

(d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.

Sec. 1.5. NRS 480.150 is hereby amended to read as follows:

480.150 1. The Director shall:

(a) Direct and supervise all administrative and technical activities of the Department.

(b) Formulate the policies of the Department and the various divisions thereof.

(d) Furnish fiscal, accounting and other administrative services to the various divisions of the Department.

(e) Adopt such regulations as he or she deems necessary for the operation of the Department and the enforcement of all laws administered by the Department.

2. The Director may delegate to the officers and employees of the Department such authorities and responsibilities not otherwise delegated by a specific statute as the Director deems necessary for the efficient conduct of the business of the Department.

3. The Director may authorize:

(a) The Department to use certain designations to identify itself;

(b) The various divisions of the Department to use certain designations to identify themselves, including, without limitation, the designation of “State Police” if such a designation is appropriate; and

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 916 (CHAPTER 194, SB 58)ê

Sec. 2. NRS 480.460 is hereby amended to read as follows:

480.460 The Chief of the Investigation Division shall:

1. Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the following:

(a) The Attorney General ;

(b) The head of any agency, bureau, board, commission, department, division, office or other unit of the Executive Department of the State Government which is authorized or required to conduct criminal investigations; or [any]

2. Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.

3. Provide and operate a system of recording all information received by the Investigation Division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.

4. Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.

5. Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.

6. Enforce the provisions of chapter 453 of NRS.

7. Furnish information relating to any person of whom he or she maintains a record to any law enforcement agency.

8. Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124.

9. Upon request, assist:

(a) The Department of Taxation in carrying out a criminal investigation relating to cannabis pursuant to NRS 372A.200 to 372A.380, inclusive, and chapter 678A of NRS;

(b) The Division of Public and Behavioral Health of the Department of Health and Human Services in carrying out a criminal investigation relating to cannabis pursuant to chapter 678C of NRS; and

10. Investigate technological crime, as defined in NRS 205A.030, and enforce the provisions of the law of this State relating to technological crime, as defined in NRS 205A.030.

Sec. 3. This act becomes effective upon passage and approval.

________

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 917ê

CHAPTER 195, AB 101

Assembly Bill No. 101–Assemblyman Yeager

CHAPTER 195

[Approved: May 28, 2021]

AN ACT relating to veterinary medicine; authorizing a licensed veterinarian to administer to an animal a product containing hemp or CBD which contains not more than 0.3 percent THC or recommend to the owner of an animal the use of such a product to treat a condition of the animal; prohibiting the Nevada State Board of Veterinary Medical Examiners from taking disciplinary action against a licensed veterinarian or the facility in which a licensed veterinarian engages in the practice of veterinary medicine on the basis of the administration or recommendation of such a product; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a licensed veterinarian to engage in the practice of veterinary medicine by: (1) prescribing or administering any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique in order to treat an animal; and (2) rendering advice or recommendations related thereto. (NRS 638.007, 638.008) This bill additionally authorizes a licensed veterinarian to administer to an animal a product containing hemp or CBD that has a concentration of not more than 0.3 percent THC. This bill also authorizes a licensed veterinarian to recommend to the owner of an animal the use of a product containing hemp or CBD to treat a condition of the animal.

Existing law authorizes the Nevada State Board of Veterinary Medical Examiners to take disciplinary action against a licensed veterinarian for the violation of a regulation adopted by the Nevada State Board of Veterinary Medical Examiners or the State Board of Pharmacy. (NRS 638.140, 638.147) This bill prohibits the Nevada State Board of Veterinary Medical Examiners from taking disciplinary action against a licensed veterinarian or the facility in which the licensed veterinarian engages in the practice of veterinary medicine for recommending the use of or administering certain products containing hemp or CBD to treat a condition of an animal.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 638 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A licensed veterinarian may:

(a) Administer to an animal a product containing hemp or CBD if the product:

(1) Has a THC concentration of not more than 0.3 percent on a dry weight basis; and

(2) Is intended for use or consumption through means other than inhalation to treat a condition of the animal; and

(b) Recommend to the owner of an animal the use of such a product to treat a condition of the animal.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 918 (CHAPTER 195, AB 101)ê

2. The Board shall not take any disciplinary action against a licensed veterinarian or the facility in which the licensed veterinarian engages in the practice of veterinary medicine solely for administering or recommending the use of products pursuant to subsection 1.

3. As used in this section:

(a) “Administer” has the meaning ascribed to it in NRS 453.021.

(b) “CBD” has the meaning ascribed to it in NRS 453.033.

(d) “THC” has the meaning ascribed to it in NRS 453.139.

________

CHAPTER 196, AB 194

Assembly Bill No. 194–Assemblymen Torres, Flores, González; Considine, Duran, Gorelow, Krasner, Martinez, Marzola, C.H. Miller, Peters, Summers-Armstrong and Thomas

Joint Sponsor: Senator Donate

CHAPTER 196

[Approved: May 29, 2021]

AN ACT relating to education; requiring the annual report of accountability to include certain information relating to restorative justice; revising provisions relating to the suspension or expulsion of pupils; requiring the Department of Education to provide certain guidance to the board of trustees of a school district; requiring the Department to adopt regulations relating to the discipline of pupils; exempting certain hearings relating to appeals of the suspension or expulsion of pupils from the provisions governing public meetings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, certain pupils may be suspended or expelled from school for various reasons. (NRS 392.466, 392.467) Existing law requires that, with certain exceptions, a pupil may not be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. (NRS 392.467) Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils to adopt a policy that allows a pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil to appeal the suspension or expulsion of the pupil. Under section 5, the policy must provide, without limitation, that (1) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, may authorize the suspension or expulsion of a pupil within the timeline established by the Department of Education; (2) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, shall notify the pupil and the parent or legal guardian of the pupil, as applicable, of the suspension or expulsion, the right to appeal the suspension or expulsion and information on the appeal policy; (3) the pupil, parent or legal guardian of the pupil, as applicable, may appeal the suspension or expulsion within the timeline established by the Department; (4) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, shall schedule a hearing on an appeal within the timeline established by the Department; and (5) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, may not increase the initial suspension or expulsion of a pupil after conducting a hearing.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 919 (CHAPTER 196, AB 194)ê

the Department; and (5) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, may not increase the initial suspension or expulsion of a pupil after conducting a hearing. Section 5 also requires the board of trustees of a school district or the governing body of the charter school or university school, or a designee, as applicable, to post the appeal policy on the Internet website of the school district and each school within the district or the charter school or university school, as applicable.

Under existing law, certain hearings conducted by public bodies must be open to the public. (Chapter 241 of NRS) Sections 5 and 11 of this bill exempt any hearing conducted pursuant to section 5 from those requirements.

Section 6 of this bill provides that a pupil who is suspended or expelled or who is being considered for suspension or expulsion is entitled to receive an education in the least restrictive environment possible.

Sections 2 and 3 of this bill authorize a pupil of a charter school or university school or the parent or guardian of a pupil of a charter school or university school to appeal a suspension or expulsion in accordance with the policy adopted by the governing body of the charter school or university school, as applicable, pursuant to section 5. Sections 2 and 3 also require a charter school or university school to ensure a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible in accordance with section 6.

Section 7 of this bill requires the Department to provide to the board of trustees of a school district guidance regarding the appeal policy adopted pursuant to section 5 in as many languages as possible for the benefit of pupils and their families.

Existing law requires the Department to adopt regulations relating to restorative justice in disciplining pupils. Existing law also requires the Department to post on its Internet website certain guidance relating to the discipline of pupils, including, without limitation, restorative justice. (NRS 392.472) Section 8 of this bill requires the Department to adopt any necessary regulations relating to the discipline of pupils and the provisions of sections 5-8 of this bill. Section 10 of this bill makes a conforming change related to the role of the Office in providing consultation to the Department relating to restorative justice.

Existing law requires the board of trustees of each school district and the sponsor of each charter school to submit an annual report of accountability that includes, without limitation, certain information on the discipline of pupils. (NRS 385A.070, 385A.250) Section 1 of this bill requires that the report also include information on: (1) the plan for restorative justice and the process for progressive discipline used by the school; and (2) the manner in which the school trains employees on restorative justice and progressive discipline.

Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school. (NRS 385A.650) Section 1.5 of this bill requires such a plan to be developed in accordance with existing law relating to academic and nonacademic supports for pupils.

Section 9 of this bill makes a conforming change to refer to provisions that have been renumbered by this bill.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385A.250 is hereby amended to read as follows:

385A.250 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 920 (CHAPTER 196, AB 194)ê

(a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

(b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

(c) Records of the suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

(d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

(e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

(1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

(2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

(3) The number of incidents resulting in suspension or expulsion, or both, for bullying or cyber-bullying; and

(4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

(f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

(1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

(2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

(3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

(4) The process used by the high school to address violations of a code of honor which are reported to the principal.

(g) For each school in the district, including, without limitation, each charter school sponsored by the district, information on:

(1) The plan for restorative justice and the process for progressive discipline used by the school; and

(2) The manner in which the school trains employees on restorative justice and progressive discipline.

2. The information included pursuant to subsection 1 must allow such information to be disaggregated by:

(a) Pupils who are economically disadvantaged;

(b) Pupils from major racial and ethnic groups;

(d) Pupils who are English learners;

(e) Pupils who are migratory children;

(f) Gender;

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 921 (CHAPTER 196, AB 194)ê

(g) Pupils who are homeless;

(h) Pupils in foster care; and

(i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

3. As used in this section:

(a) “Bullying” has the meaning ascribed to it in NRS 388.122.

(b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

Sec. 1.5. NRS 385A.650 is hereby amended to read as follows:

385A.650 1. The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

2. The plan developed pursuant to subsection 1 must:

(a) Include any information prescribed by regulation of the State Board;

(b) Be developed in accordance with the provisions of NRS 388.885;

[(c)] (d) Comply with the provisions of 20 U.S.C. § 6311(d).

3. The principal of each school shall, in consultation with the employees of the school:

(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

4. On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

(a) Department;

(b) Committee;

(d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

5. As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

Sec. 2. NRS 388A.495 is hereby amended to read as follows:

388A.495 1. A governing body of a charter school shall adopt:

(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

(b) Appropriate punishments for violations of the rules.

2. If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of section 5 of this act.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 922 (CHAPTER 196, AB 194)ê

under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of section 5 of this act. The charter school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by section 6 of this act. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

3. A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

4. A pupil who is at least 11 years of age and who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.419 may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

(a) Suspended from the charter school pursuant to this section for not more than 5 days for each occurrence.

(b) Permanently expelled from school pursuant to this section.

5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

(b) Available for public inspection at the charter school.

6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

Sec. 3. NRS 388C.150 is hereby amended to read as follows:

388C.150 1. The governing body of a university school for profoundly gifted pupils shall adopt:

(a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

(b) Appropriate punishments for violations of the rules.

2. If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of section 5 of this act. The university school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by section 6 of this act.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 923 (CHAPTER 196, AB 194)ê

is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by section 6 of this act. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

3. A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

4. A pupil who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils and participating in a program of special education pursuant to NRS 388.419 may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

(a) Suspended from the university school pursuant to this section for not more than 5 days for each occurrence.

(b) Permanently expelled from school pursuant to this section.

5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

(b) Available for public inspection at the university school.

6. The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

Sec. 4. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.

Sec. 5. 1. The board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils, as applicable, shall adopt a policy for appealing the suspension or expulsion of a pupil enrolled in the school district, charter school or university school, as applicable. The policy must provide, without limitation, that:

(a) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may authorize the suspension or expulsion of a pupil within the timeline established by the Department pursuant to section 8 of this act;

(b) Within the timeline established by the Department pursuant to section 8 of this act, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall notify the pupil and, if the pupil is under 18 years of age, the parent or legal guardian of the pupil who is suspended or expelled of:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 924 (CHAPTER 196, AB 194)ê

or the designee of the board of trustees or governing body, as applicable, shall notify the pupil and, if the pupil is under 18 years of age, the parent or legal guardian of the pupil who is suspended or expelled of:

(1) The suspension or expulsion;

(2) The right to appeal the suspension or expulsion; and

(3) Information on the appeal policy adopted by the board of trustees of the school district or the governing body of the charter school or university school, as applicable;

(c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is suspended or expelled may file an appeal with the board of trustees of the school district, the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, within the timeline established by the Department pursuant to section 8 of this act;

(d) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall schedule a hearing on an appeal of a suspension or expulsion of a pupil within the timeline established by the Department pursuant to section 8 of this act; and

(e) After conducting a hearing pursuant to this subsection, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may not increase the initial suspension or expulsion of a pupil.

2. The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall post the appeal policy on the Internet website of the school district and each school within the district or of the charter school or university school, as applicable.

3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

Sec. 6. A pupil who is suspended or expelled or is being considered for suspension or expulsion is entitled to receive an appropriate education in the least restrictive environment possible.

Sec. 7. The Department shall, to the extent practicable, provide guidance to the board of trustees of each school district on the appeal policy adopted by the board of trustees of each school district pursuant to section 5 of this act in as many languages as possible for the benefit of pupils and parents or legal guardians of pupils.

Sec. 8. The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.461 to 392.472, inclusive, and sections 5 to 8, inclusive, of this act, including, without limitation, regulations which establish timelines for the purposes of subsection 1 of section 5 of this act.

Sec. 9. NRS 392.466 is hereby amended to read as follows:

392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 925 (CHAPTER 196, AB 194)ê

premises of any public school, at an activity sponsored by a public school or on any school bus and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil. The pupil may be expelled from the school, in which case the pupil shall:

(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

2. An employee who is a victim of a battery which results in the bodily injury of an employee of the school may appeal to the school the plan of action provided pursuant to subsection 1 if:

(a) The employee feels any actions taken pursuant to such plan are inappropriate; and

(b) For a pupil who committed the battery and is participating in a program of special education pursuant to NRS 388.419, the board of trustees of the school district has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

3. Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

4. If a school is unable to retain a pupil in the school pursuant to subsection 1 for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The school district of the current school of the pupil shall coordinate with the new school or the board of trustees of the school district of the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

5. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the pupil may be:

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 926 (CHAPTER 196, AB 194)ê

11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the pupil may be:

(a) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

(b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

6. If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

7. The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to a suspension or expulsion pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing. The superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.

8. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

9. Except as otherwise provided in this section, a pupil who is not more than 10 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

10. A pupil who is at least 11 years of age and who is participating in a program of special education pursuant to NRS 388.419 may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

(a) Suspended from school pursuant to this section for not more than 5 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

(b) Permanently expelled from school pursuant to this section.

11. As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 927 (CHAPTER 196, AB 194)ê

NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

(d) “Restorative justice” has the meaning ascribed to it in [subsection 6 of] NRS 392.472.

12. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

Sec. 10. NRS 392.472 is hereby amended to read as follows:

392.472 1. Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before expelling a pupil from school.

2. The Department shall develop one or more examples of a plan of action which may include, without limitation:

(a) Positive behavioral interventions and support;

(b) A plan for behavioral intervention;

(d) A referral to an individualized education program team;

(e) A referral to appropriate community-based services; and

(f) A conference with the principal of the school or his or her designee and any other appropriate personnel.

3. The Department may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.

4. The Department , in consultation with the Office for a Safe and Respectful Learning Environment, shall post on its Internet website a guidance document that includes, without limitation:

(a) A description of the requirements of this section and NRS 392.462;

(b) A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

(d) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice; and

(e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.

5. [The Department shall adopt regulations necessary to carry out the provisions of this section.

6.] As used in this section:

(a) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 928 (CHAPTER 196, AB 194)ê

(b) “Restorative justice” means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.

Sec. 11. NRS 241.016 is hereby amended to read as follows:

241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

2. The following are exempt from the requirements of this chapter:

(a) The Legislature of the State of Nevada.

(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725 [,] and section 5 of this act, which:

(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

Sec. 12. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 13. This act becomes effective on July 1, 2021.

________

Link to Page 929