2023 Statutes of Nevada, Pages 807-932

[Rev. 3/13/2024 9:50:18 AM]

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ê2023 Statutes of Nevada, Page 807ê

CHAPTER 151, SB 194

Senate Bill No. 194–Senators Ohrenschall, Flores, Krasner; Lange, Pazina and Stone

CHAPTER 151

[Approved: June 1, 2023]

AN ACT relating to insurance; requiring certain insurers to use evidence-based guidelines when developing a step therapy protocol; requiring such insurers to create a process by which an attending practitioner and an insured are authorized to apply for an exemption from a step therapy protocol; requiring such insurers to grant such an exemption in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes a process by which a person may request an exemption from a step therapy protocol established by his or her insurer for a prescription drug used to treat late stage cancer or an associated symptom. If such a request is granted, existing law requires the insurer to cover the prescription drug. (NRS 689A.04041, 689B.0305, 689C.1684, 695A.259, 695B.19085, 695C.17333, 695G.1675) Sections 1, 3-8 and 11 of this bill require certain private-sector insurers to establish a process by which an insured and his or her attending practitioner may: (1) request an exemption from a step therapy protocol that applies to prescription drugs; and (2) appeal a decision concerning such a request. Sections 1, 3-8 and 11 require an insurer to: (1) grant such a request if the attending practitioner submits certain information providing adequate justification for the exemption; and (2) make the process to request an exemption and submit an appeal accessible on an Internet website maintained by the insurer. Sections 1, 3-8 and 11 additionally require certain private-sector insurers to use guidelines based on medical or scientific evidence, if available, when developing a step therapy protocol. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Section 10 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of section 8. The Commissioner is also authorized to take such action against other health insurers who fail to comply with the requirements of sections 1, 3-7 and 11. (NRS 680A.200)

Sections 9 and 12 of this bill provide that the provisions of sections 8 and 11 do not apply to Medicaid managed care organizations. Sections 9 and 12 of this bill additionally provide that the provisions of sections 8 and 11, respectively, do not apply to a health maintenance organization or managed care organization that provides services to members of the Public Employees’ Benefits Program.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1. When developing a step therapy protocol, an insurer shall use guidelines based on medical or scientific evidence, if such guidelines are available.

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ê2023 Statutes of Nevada, Page 808 (CHAPTER 151, SB 194)ê

2. An insurer that offers or issues a policy of health insurance which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the insurer concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the insurer; and

(c) Except as otherwise provided in this paragraph, respond to a request made or an appeal submitted pursuant to paragraph (a) not later than 2 business days after the request is made or the appeal is submitted, as applicable. If the attending practitioner indicates that exigent circumstances exist, the insurer shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. An insurer shall grant a request to exempt an insured from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the insured submits to the insurer a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The insurer shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

(3) Has been tried by the insured, regardless of whether the insured was covered by the current policy of health insurance at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the insured, based on medical necessity; or

(b) The insured is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the insured was covered by his or her current policy of health insurance at the time the attending practitioner selected the drug.

4. If an insurer does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the insurer shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the insured.

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ê2023 Statutes of Nevada, Page 809 (CHAPTER 151, SB 194)ê

6. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage by this section, and any provisions of the policy that conflict with the provisions of this section is void.

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 689A.04041 apply.

8. As used in this section:

(a) “Attending practitioner” means the practitioner, as defined in NRS 639.0125, who has primary responsibility for the treatment of the medical condition of an insured for which a prescription drug is prescribed.

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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. When developing a step therapy protocol, an insurer shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. An insurer that offers or issues a policy of group health insurance which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the insurer concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the insurer; and

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ê2023 Statutes of Nevada, Page 810 (CHAPTER 151, SB 194)ê

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

(3) Has been tried by the insured, regardless of whether the insured was covered by the current policy of group health insurance at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the insured, based on medical necessity; or

(b) The insured is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the insured was covered by his or her current policy of group health insurance at the time the attending practitioner selected the drug.

6. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage required by this section, and any provisions of the policy that conflict with the provisions of this section is void.

7. The provisions of this section do not apply to:

(a) Any prescription drug to which the provisions of NRS 689B.0305 apply.

(b) Any policy of group health insurance purchased or provided pursuant to NRS 287.010.

8. As used in this section:

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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

1. When developing a step therapy protocol, a carrier shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. A carrier that offers or issues a health benefit plan which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

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ê2023 Statutes of Nevada, Page 811 (CHAPTER 151, SB 194)ê

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the carrier concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the carrier; and

(c) Except as otherwise provided in this paragraph, respond to a request made or an appeal submitted pursuant to paragraph (a) not later than 2 business days after the request is made or the appeal is submitted, as applicable. If the attending practitioner indicates that exigent circumstances exist, the carrier shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. A carrier shall grant a request to exempt an insured from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the insured submits to the carrier a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The carrier shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

(3) Has been tried by the insured, regardless of whether the insured was covered by the current health benefit plan at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the insured, based on medical necessity; or

(b) The insured is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the insured was covered by his or her current health benefit plan at the time the attending practitioner selected the drug.

4. If a carrier does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the carrier shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the insured.

6. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage required by this section, and any provisions of the policy that conflict with the provisions of this section is void.

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ê2023 Statutes of Nevada, Page 812 (CHAPTER 151, SB 194)ê

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 689C.1684 apply.

8. As used in this section:

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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. When developing a step therapy protocol, a society shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. A society that offers or issues a benefit contract which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the society concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the society; and

(c) Except as otherwise provided in this paragraph, respond to a request made or an appeal submitted pursuant to paragraph (a) not later than 2 business days after the request is made or the appeal is submitted, as applicable. If the attending practitioner indicates that exigent circumstances exist, the society shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. A society shall grant a request to exempt an insured from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the insured submits to the society a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The society shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

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(3) Has been tried by the insured, regardless of whether the insured was covered by the current benefit contract at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the insured, based on medical necessity; or

(b) The insured is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the insured was covered by his or her current benefit contract at the time the attending practitioner selected the drug.

4. If a society does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the society shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the insured.

6. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage required by this section, and any provisions of the policy that conflict with the provisions of this section is void.

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 695A.259 apply.

8. As used in this section:

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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

1. When developing a step therapy protocol, a hospital or medical services corporation shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. A hospital or medical services corporation that offers or issues a policy of health insurance which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the hospital or medical services corporation concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the hospital or medical services corporation; and

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ê2023 Statutes of Nevada, Page 814 (CHAPTER 151, SB 194)ê

(c) Except as otherwise provided in this paragraph, respond to a request made or an appeal submitted pursuant to paragraph (a) not later than 2 business days after the request is made or the appeal is submitted, as applicable. If the attending practitioner indicates that exigent circumstances exist, the hospital or medical services corporation shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. A hospital or medical services corporation shall grant a request to exempt an insured from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the insured submits to the hospital or medical services corporation a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The hospital or medical services corporation shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

(4) Is not in the best interest of the insured, based on medical necessity; or

4. If a hospital or medical services corporation does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the hospital or medical services corporation shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the insured.

6. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage required by this section, and any provisions of the policy that conflict with the provisions of this section is void.

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ê2023 Statutes of Nevada, Page 815 (CHAPTER 151, SB 194)ê

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 695B.19085 apply.

8. As used in this section:

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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

1. When developing a step therapy protocol, a health maintenance organization shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. A health maintenance organization that offers or issues a health care plan which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an enrollee and his or her attending practitioner may:

(1) Request an exemption for the enrollee from the step therapy protocol; and

(2) Appeal a decision made by the health maintenance organization concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the health maintenance organization; and

(c) Except as otherwise provided in this paragraph, respond to a request made or an appeal submitted pursuant to paragraph (a) not later than 2 business days after the request is made or the appeal is submitted, as applicable. If the attending practitioner indicates that exigent circumstances exist, the health maintenance organization shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. A health maintenance organization shall grant a request to exempt an enrollee from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the enrollee submits to the health maintenance organization a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The health maintenance organization shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the enrollee;

(2) Is expected to be ineffective based on the known clinical characteristics of the enrollee and the known characteristics of the required prescription drug;

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ê2023 Statutes of Nevada, Page 816 (CHAPTER 151, SB 194)ê

(3) Has been tried by the enrollee, regardless of whether the enrollee was covered by the current health care plan at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the enrollee, based on medical necessity; or

(b) The enrollee is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the enrollee was covered by his or her current health care plan at the time the attending practitioner selected the drug.

4. If a health maintenance organization does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the health maintenance organization shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the enrollee.

6. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of including the coverage required by this section, and any provisions of the policy that conflict with the provisions of this section is void.

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 695C.17333 apply.

8. As used in this section:

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

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

695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

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, and section 8 of this act, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 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.

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ê2023 Statutes of Nevada, Page 817 (CHAPTER 151, SB 194)ê

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.17333, 695C.17345, 695C.17347, 695C.1735, 695C.1737, 695C.1743, 695C.1745 and 695C.1757 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

6. The provisions of section 8 of this act do not apply to a health maintenance organization that provides health care services to members of the Public Employees’ Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

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;

(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:

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ê2023 Statutes of Nevada, Page 818 (CHAPTER 151, SB 194)ê

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

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

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

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

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

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

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

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

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

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

1. When developing a step therapy protocol, a managed care organization shall use guidelines based on medical or scientific evidence, if such guidelines are available.

2. A managed care organization that offers or issues a health care plan which includes coverage for a prescription drug for the treatment of any medical condition that is part of a step therapy protocol shall:

(a) Establish a clear, convenient and readily accessible process by which an insured and his or her attending practitioner may:

(1) Request an exemption for the insured from the step therapy protocol; and

(2) Appeal a decision made by the managed care organization concerning a request for an exemption from the step therapy protocol pursuant to subparagraph (1);

(b) Make the process described in paragraph (a) accessible through an Internet website maintained by the managed care organization; and

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ê2023 Statutes of Nevada, Page 819 (CHAPTER 151, SB 194)ê

applicable. If the attending practitioner indicates that exigent circumstances exist, the managed care organization shall respond to the request or appeal within 24 hours after the request is made or the appeal is submitted, as applicable.

3. A managed care organization shall grant a request to exempt an insured from a step therapy protocol made in accordance with the process established pursuant to subsection 2 if the attending practitioner for the insured submits to the managed care organization a statement which provides an adequate justification for the exemption and any documentation necessary to support the statement. The managed care organization shall determine whether such justification exists if the statement and documentation demonstrate that:

(a) Each prescription drug that is required to be used earlier in the step therapy protocol:

(1) Is contraindicated or will likely cause an adverse reaction or physical or mental harm to the insured;

(2) Is expected to be ineffective based on the known clinical characteristics of the insured and the known characteristics of the required prescription drug;

(3) Has been tried by the insured, regardless of whether the insured was covered by the current health care plan at the time, and was discontinued due to lack of efficacy or effectiveness, diminished effect or an adverse event relating to the prescription drug; or

(4) Is not in the best interest of the insured, based on medical necessity; or

(b) The insured is stable on a prescription drug selected by his or her attending practitioner for the medical condition under consideration, regardless of whether the insured was covered by his or her current health care plan at the time the attending practitioner selected the drug.

4. If a managed care organization does not respond to a request for an exemption from a step therapy protocol or an appeal concerning a decision relating to such a request within the time frame prescribed by paragraph (c) of subsection 2, the request shall be deemed to have been granted.

5. If a request for an exemption from a step therapy protocol is granted pursuant to subsection 3 or deemed granted pursuant to subsection 4, the managed care organization shall immediately authorize coverage for and dispensing of the drug chosen by the attending practitioner for the insured.

7. The provisions of this section do not apply to any prescription drug to which the provisions of NRS 695G.1675 apply.

8. As used in this section:

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ê2023 Statutes of Nevada, Page 820 (CHAPTER 151, SB 194)ê

(b) “Medical or scientific evidence” has the meaning ascribed to it in NRS 695G.053.

Sec. 12. NRS 695G.090 is hereby amended to read as follows:

695G.090 1. Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

2. In addition to the provisions of this chapter, each managed care organization shall comply with:

(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

(b) Any other applicable provision of this title.

3. The provisions of NRS 695G.127, 695G.164, 695G.1645, 695G.167 , section 11 of this act and 695G.200 to 695G.230, inclusive, do not apply to a managed care organization that provides health care services 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]

4. The provisions of section 11 of this act do not apply to a managed care organization that provides health care services to members of the Public Employees’ Benefits Program.

5. Subsections 3 and 4 do not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.

Sec. 13. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 12, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 821ê

CHAPTER 152, AB 177

Assembly Bill No. 177–Assemblymen Gurr; DeLong, Dickman, Gallant, Gray, Hibbetts, Kasama, McArthur and O’Neill

CHAPTER 152

[Approved: June 1, 2023]

AN ACT relating to county assessors; revising provisions relating to the sharing of parcel datasets by the State Demographer to include an association for operators; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a county assessor to annually provide the State Demographer with the fiscal year-end parcel dataset of the county, which the State Demographer must in turn provide, upon written request, to a state agency engaged in activities related to economic development or population estimate research. The parcel dataset must include information on each parcel in the county, including, without limitation, information concerning ownership, parcel number, address, land designations and zoning, improvements and, if applicable, the date and price of sale. (NRS 250.087) Existing law prohibits a person from conducting an excavation or demolition in an area that is known to contain subsurface installations, including a pipeline, force main, supply line, conductor, conduit, cable, duct, wire, communications line, sewer line, storm drain or other structure that is located underground, without first notifying the appropriate association for operators. (NRS 455.084, 455.101, 455.110, 455.120) This bill requires the State Demographer to also provide the fiscal year-end parcel dataset of a county to an association for operators upon written request.

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 250.087 is hereby amended to read as follows:

250.087 1. Notwithstanding any other provision of law, not later than September 1 of each year, a county assessor shall provide to the State Demographer at no charge the parcel dataset of the county assessor as of June 30 of that year. The State Demographer may not require a county assessor to provide information pursuant to this subsection in a particular digital or electronic format or to use any specific software to provide the information. The State Demographer shall keep confidential the information provided to him or her pursuant to this subsection, except that the State Demographer shall provide such information at no charge to a state agency and to an association for operators which [satisfies] satisfy the requirements of this section.

2. A state agency engaged in activities related to economic development or population estimate research or an association for operators acting in accordance with NRS 455.080 to 455.180 inclusive, may request the parcel datasets provided to the State Demographer pursuant to subsection 1 by submitting a written request to the State Demographer. The written request must include, without limitation:

(a) The name and address of the state agency [;] or the association for operators;

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ê2023 Statutes of Nevada, Page 822 (CHAPTER 152, AB 177)ê

(b) A statement of the purpose for which the state agency or the association for operators is seeking the parcel datasets; and

(c) A summary of the research or statistical reports which will be produced from the parcel datasets [.] , as applicable.

3. Except as otherwise provided in subsection 4, if the State Demographer finds that a written request complies with subsection 2, the State Demographer shall provide to the state agency or the association for operators, as applicable, at no charge the parcel datasets provided to the State Demographer pursuant to subsection 1.

4. The State Demographer may refuse a request submitted by a state agency or an association for operators pursuant to subsection 2 if the State Demographer has provided the requested information to the state agency or the association for operators during the calendar year in which the request is made.

5. A state agency receiving parcel datasets pursuant to this section shall provide to the county that provided the parcel datasets and the Office of Economic Development, at no charge, a summary of the research produced from that information.

6. The State Demographer or any employee or other agent of a state agency or an association for operators receiving parcel datasets pursuant to this section shall not knowingly:

(a) Publish or otherwise disclose any information made confidential pursuant to NRS 250.100 to 250.230, inclusive; or

(b) Use any information made confidential pursuant to NRS 250.100 to 250.230, inclusive, to contact any person.

7. A person who violates subsection 6 is guilty of a misdemeanor and, in addition, the court may order a person who violates subsection 6 to pay a civil penalty in an amount not to exceed $2,500 for each act.

8. A state agency or an association for operators receiving a parcel dataset pursuant to this section shall keep the parcel dataset confidential, and, except as otherwise provided in subsection 5, the State Demographer, or any employee or other agent of a state agency or an association for operators receiving a parcel dataset pursuant to this section, shall not provide the parcel dataset to any person or governmental agency.

9. As used in this section:

(a) “Association for operators” has the meaning ascribed to it in NRS 455.084 and includes, without limitation, Underground Service Alert of Northern California and Nevada, or its successor organization.

(b) “Parcel dataset” means data or files maintained in digital or electronic format by a county assessor in the course of his or her duties that contain information on each parcel in the county, including, without limitation, information concerning ownership, parcel number, address, land designations and zoning, improvements and, if applicable, the date and price of sale.

[(b)] (c) “State agency” means:

(1) The State of Nevada, or any agency, instrumentality or corporation thereof; and

(2) Faculty of the Nevada System of Higher Education or any branch or facility thereof.

[(c)] (d) “State Demographer” means the demographer employed pursuant to NRS 360.283.

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ê2023 Statutes of Nevada, Page 823ê

CHAPTER 153, AB 183

Assembly Bill No. 183–Committee on Judiciary

CHAPTER 153

[Approved: June 1, 2023]

AN ACT relating to child welfare; requiring certain entities in the juvenile justice system and the child welfare system to screen certain children for commercial sexual exploitation; requiring such entities to take certain actions if the results of a screening indicate that a child is a victim of commercial sexual exploitation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires certain persons or entities to report the commercial sexual exploitation of a child to an agency which provides child welfare services. (NRS 62C.015, 432B.220, 432C.110) Upon receiving such a report, existing law requires an agency which provides child welfare services to: (1) conduct an assessment to determine whether the child is a victim of commercial sexual exploitation; and (2) take certain actions to protect the safety of the child and meet the other needs of the child. (NRS 432C.130)

Existing law requires a local facility for the detention of children, a regional facility for the treatment and rehabilitation of children and a state facility for the detention of children to screen each child who is committed to, or placed under the custody of, the facility to determine whether the child is in need of mental health services or has a substance use disorder. (NRS 62C.035, 62E.513) With certain exceptions, sections 2 and 3 of this bill additionally require such facilities to screen each child to determine whether the child is a victim of commercial sexual exploitation. Sections 2 and 3 also: (1) require such facilities to report the commercial sexual exploitation of the child to an agency which provides child welfare services if the results of the screening indicate that the child is a victim of commercial sexual exploitation; and (2) deem such a report to be a report of commercial sexual exploitation for purposes of certain mandatory requirements and procedures for reporting abuse, neglect or exploitation of a child. Section 1 of this bill makes a conforming change by removing certain requirements relating to the reporting of commercial sexual exploitation of a child that are now addressed by section 2. Section 6 of this bill requires an agency which provides child welfare services to take certain actions to protect the safety of the child and meet the other needs of the child upon receipt of a report submitted pursuant to sections 2 and 3.

Existing law prescribes certain requirements relating to the method of screening used by a local facility for the detention of children to comply with certain statutory requirements relating to the screening of a child in its custody. (NRS 62E.516) Section 4 of this bill additionally requires the method of screening to be reliable and valid for identifying a child who is a victim of commercial sexual exploitation.

With certain exceptions, section 5 of this bill requires an agency which provides child welfare services to screen each child in its custody to determine whether the child is a victim of commercial sexual exploitation. Section 5 also: (1) prescribes requirements relating to the method used by an agency which provides child welfare services to conduct the screening; and (2) requires the agency to take the actions required by section 6 if the results of the screening indicate that the child is a victim of commercial sexual exploitation.

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ê2023 Statutes of Nevada, Page 824 (CHAPTER 153, AB 183)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 62C.015 is hereby amended to read as follows:

62C.015 1. A child must not be adjudicated as delinquent or in need of supervision for engaging in prostitution or solicitation for prostitution pursuant to NRS 201.353 or 201.354 or paragraph (b) of subsection 1 of NRS 207.030.

2. A child must not be placed in a state or local facility for the detention of children if:

(a) The child is alleged to have violated:

(1) The provisions of NRS 197.190, 207.200 or 463.350; or

(2) A county or municipal ordinance imposing a curfew on a child or prohibiting jaywalking or loitering for the purpose of solicitation for prostitution; and

(b) There is reasonable cause to believe that the child is a commercially sexually exploited child.

3. If a court finds that a child committed an act described in subsection 2 and that clear and convincing evidence exists that the child committed the act in connection with commercial sexual exploitation, the court shall not adjudicate the child as a delinquent child or a child in need of supervision based on that act. Upon such a finding, the court shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

4. [A juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been a commercially sexually exploited child shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

5.] As used in this section:

(a) “Commercial sexual exploitation” means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

(b) “Commercially sexually exploited child” has the meaning ascribed to it in NRS 424.0115.

[(c) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.]

Sec. 2. NRS 62C.035 is hereby amended to read as follows:

62C.035 1. [Each] Except as otherwise provided in subsection 4, each child who is taken into custody by a peace officer or probation officer and detained in a local facility for the detention of children while awaiting a detention hearing pursuant to NRS 62C.040 or 62C.050 must be screened to determine whether the child:

(a) Is in need of mental health services; [or]

(b) Has an alcohol or other substance use disorder [.] ; or

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ê2023 Statutes of Nevada, Page 825 (CHAPTER 153, AB 183)ê

2. The facility in which the child is detained shall [cause] :

(a) Cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been detained in the facility [.] ; and

(b) Report the commercial sexual exploitation of the child to an agency which provides child welfare services as soon as practicable after conducting the screening if the results of the screening indicate that the child is a victim of commercial sexual exploitation.

3. The method for conducting the screening required pursuant to :

(a) Paragraph (a) or (b) of subsection 1 must satisfy the requirements of NRS 62E.516.

(b) Paragraph (c) of subsection 1 must:

(1) Satisfy the requirements of NRS 62E.516; and

(2) Be reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

4. The requirement prescribed by paragraph (c) of subsection 1 does not apply if the method for conducting the screening is not reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

5. If a local facility for the detention of children reports the commercial sexual exploitation of a child pursuant to subsection 2, the report made pursuant to subsection 2 shall be deemed to be a report of the commercial sexual exploitation of the child that has been made pursuant to NRS 432C.110 and:

(a) The child welfare agency shall act upon the report pursuant to chapter 432C of NRS; and

(b) The report may be used in the same manner as other reports that are made pursuant to NRS 432C.110.

6. As used in this section, “commercial sexual exploitation” has the meaning ascribed to it in NRS 432C.050.

Sec. 3. NRS 62E.513 is hereby amended to read as follows:

62E.513 1. [Each] Except as otherwise provided in subsection 5, each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child:

(a) Is in need of mental health services; [or]

(b) Has an alcohol or other substance use disorder [,

Ê] ; or

2. The facility to which the child is committed or in which the child is placed shall:

(a) Cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been committed or placed in the facility; and

(b) Additionally screen each child committed to, or placed under the custody of, the facility to determine whether the child is in need of mental health services or has an alcohol or other substance use disorder once every 6 months or when significant changes to the child’s case plan developed pursuant to NRS 62E.507 or 62E.525, as applicable, are made.

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ê2023 Statutes of Nevada, Page 826 (CHAPTER 153, AB 183)ê

every 6 months or when significant changes to the child’s case plan developed pursuant to NRS 62E.507 or 62E.525, as applicable, are made.

[2.] 3. The facility to which the child is committed or in which the child is placed shall [cause the screening required pursuant to subsection 1 to be conducted] report the commercial sexual exploitation of the child to an agency which provides child welfare services as soon as practicable after conducting the screening required by subsection 1 if the results of the screening indicate that the child [has been committed to or placed in the facility.

3.] is a victim of commercial sexual exploitation.

4. The method for conducting the screening required pursuant to :

(a) Paragraph (a) or (b) of subsection 1 must satisfy the requirements of NRS 62E.516.

(b) Paragraph (c) of subsection 1 must:

(1) Satisfy the requirements of NRS 62E.516; and

(2) Be reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

5. The requirement prescribed by paragraph (c) of subsection 1 does not apply if the method for conducting the screening is not reliable and valid for identifying whether a child who is the same age as the child to whom the requirement applies is a victim of commercial sexual exploitation.

6. If a facility reports the commercial sexual exploitation of a child pursuant to subsection 3, the report made pursuant to subsection 3 shall be deemed to be a report of the commercial sexual exploitation of the child that has been made pursuant to NRS 432C.110 and:

(a) The child welfare agency shall act upon the report pursuant to chapter 432C of NRS; and

(b) The report may be used in the same manner as other reports that are made pursuant to NRS 432C.110.

7. As used in this section, “commercial sexual exploitation” has the meaning ascribed to it in NRS 432C.050.

Sec. 4. NRS 62E.516 is hereby amended to read as follows:

62E.516 1. Each local facility for the detention of children shall conduct the screening required pursuant to NRS 62C.035 using a method that has been approved by the Division of Child and Family Services. The Division shall approve a method upon determining that the method is:

(a) Based on research; and

(b) Reliable and valid for identifying a child who:

(1) Is in need of mental health services; [or]

(2) Has an alcohol or other substance use disorder [.] ; or

(3) Is a victim of commercial sexual exploitation.

2. Each local facility for the detention of children shall submit its method for conducting the screening required pursuant to NRS 62C.035 to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division. Before a local facility for the detention of children may begin using a new method for conducting the screening required pursuant to NRS 62C.035, the facility must obtain approval of the method from the Division pursuant to subsection 1.

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ê2023 Statutes of Nevada, Page 827 (CHAPTER 153, AB 183)ê

3. If the Division of Child and Family Services does not approve a method for conducting the screening required pursuant to NRS 62C.035 that is submitted by a local facility for the detention of children, and the facility does not submit a new method for conducting the screening for approval within 90 days after the denial, the Division of Child and Family Services shall notify the appropriate board of county commissioners or other governing body which administers the facility and the chief judge of the appropriate judicial district that the facility has not received approval of its method for conducting the screening as required by this section.

4. Upon receiving the notice required by subsection 3, the appropriate board of county commissioners or governing body and the chief judge shall take appropriate action to ensure that the facility complies with the requirements of this section and NRS 62C.035.

5. Each regional facility for the treatment and rehabilitation of children shall conduct the screening required pursuant to NRS 62E.513 using the assessment tool that has been approved by the Commission pursuant to NRS 62B.610.

6. Each state facility for the detention of children shall use the assessment tool for conducting the screening required pursuant to NRS 62E.513 selected by the Commission pursuant to NRS 62B.610.

7. The Division of Child and Family Services shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 62C.035 and 62E.513, including, without limitation, regulations prescribing the requirements for:

(a) Transmitting information obtained from the screening conducted pursuant to NRS 62C.035 and 62E.513; and

(b) Protecting the confidentiality of information obtained from such screening.

8. As used in this section, “commercial sexual exploitation” has the meaning ascribed to it in NRS 432C.050.

Sec. 5. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 4, each child in the custody of an agency which provides child welfare services must be screened to determine whether the child is a victim of commercial sexual exploitation.

2. An agency which provides child welfare services shall:

(a) Cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child is placed in its custody; and

(b) If the results of the screening indicate that the child is a victim of commercial sexual exploitation, take the actions prescribed by NRS 432C.130.

3. The method for conducting the screening required pursuant to subsection 1 must be:

(a) Based on research; and

(b) Reliable and valid for identifying a child who is a victim of commercial sexual exploitation.

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ê2023 Statutes of Nevada, Page 828 (CHAPTER 153, AB 183)ê

4. The requirement prescribed by subsection 1 does not apply if the agency which provides child welfare services has determined that no method for conducting the screening satisfies the requirements prescribed by subsection 3 for a child who is the same age as the child to whom the requirement applies.

5. As used in this section, “commercial sexual exploitation” has the meaning ascribed to it in NRS 432C.050.

Sec. 6. NRS 432C.130 is hereby amended to read as follows:

432C.130 1. Upon the receipt of a report pursuant to NRS 62C.035, 62E.513 or 432C.110, an agency which provides child welfare services:

(a) Shall conduct an assessment to determine whether there is reasonable cause to believe that the child:

(1) Is a victim of commercial sexual exploitation;

(2) Is a victim of the abuse or neglect of a child;

(3) Is in immediate danger of serious bodily harm; or

(4) Suffers from any unmet basic need, including, without limitation, the need for behavioral health services, medical services, detoxification services and educational services;

(b) Upon the completion of an assessment of a child who resides within the jurisdiction of the agency which provides child welfare services pursuant to paragraph (a), shall:

(1) Engage in appropriate planning to ensure the safety of the child; and

(2) Refer the child for any services necessary to address an unmet basic need identified pursuant to subparagraph (4) of paragraph (a);

(c) Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation; and

(d) If the child resides in another jurisdiction, may initiate contact with an agency which provides child welfare services in the jurisdiction in which the child resides to provide notification of the circumstances surrounding the child’s removal from the jurisdiction or placement in another location.

2. An agency which provides child welfare services shall use the resources of a children’s advocacy center when conducting an assessment pursuant to paragraph (a) of subsection 1 when such resources are available and appropriate based on the circumstances contained in the report received pursuant to NRS 432C.110.

3. If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 and no abuse or neglect of a child is identified, the agency may:

(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment; and

(b) If appropriate, provide to the child and his or her family counseling, training or other services relating to commercial sexual exploitation or refer the child and his or her family to a person or an organization that has entered into an agreement with the agency to provide those services.

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ê2023 Statutes of Nevada, Page 829 (CHAPTER 153, AB 183)ê

4. If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 and abuse or neglect of a child is identified, the agency which provides child welfare services may take any action authorized under chapter 432B of NRS. If the agency which provides child welfare services places a child who is a victim of commercial sexual exploitation into protective custody pursuant to NRS 432B.390, the agency which provides child welfare services shall, whenever possible, place the child in a placement appropriate for the needs of the child, including, without limitation, the need for safety.

5. If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 3, the agency shall require the person or organization to notify the agency if:

(a) The child or his or her family refuses or fails to participate in such services; or

(b) The person or organization determines that there is a serious risk to the health or safety of the child.

6. As used in this section:

(a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

(b) “Children’s advocacy center” means a public or private entity that provides an environment friendly to children where multidisciplinary teams work to:

(1) Investigate and help children recover from abuse or neglect; and

(2) Hold perpetrators of abuse or neglect of children accountable.

(c) “Multidisciplinary team” means a team of different types of professionals convened by a children’s advocacy center to respond to the abuse or neglect of a child, including, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.

Sec. 7. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 6, inclusive, of this act become effective:

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

(b) On October 1, 2023, for all other purposes.

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ê2023 Statutes of Nevada, Page 830ê

CHAPTER 154, AB 275

Assembly Bill No. 275–Assemblymen Hardy, Hafen, Yurek; Considine, Hansen, Taylor and Thomas

Joint Sponsors: Senators Hammond and Spearman

CHAPTER 154

[Approved: June 1, 2023]

AN ACT relating to criminal records; requiring a convicted person who is petitioning the court to have his or her criminal record sealed to include certain information in the petition under certain circumstances; prohibiting a court or agency of criminal justice from charging fees related to the sealing of criminal records under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes certain acts that constitute the crime of sex trafficking. (NRS 201.300) Existing law authorizes a person convicted of certain offenses to petition the court to seal all records relating to the conviction. (NRS 179.245) This bill: (1) requires, in certain circumstances, such a petition to include a statement from the petitioner certifying that at the time the crime for which the records to be sealed was committed, the petitioner was being sex trafficked; and (2) prohibits a court or agency of criminal justice in this State from charging any fees related to the sealing of a criminal record if, at the time the crime for which the record to be sealed was committed, the petitioner was being sex trafficked.

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 179.245 is hereby amended to read as follows:

179.245 1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

(a) A category A felony, a crime of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;

(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;

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ê2023 Statutes of Nevada, Page 831 (CHAPTER 154, AB 275)ê

(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

(g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

2. A petition filed pursuant to subsection 1 must:

(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of Criminal History;

(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; [and]

(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

(1) Date of birth of the petitioner;

(2) Specific conviction to which the records to be sealed pertain; and

(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain [.] ; and

(e) If applicable, include a statement from the petitioner certifying that at the time the crime for which the records to be sealed was committed, the petitioner was being sex trafficked pursuant to NRS 201.300.

3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.

4. If the prosecuting agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the court does not order the sealing of the records or the prosecuting agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.

5. If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

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ê2023 Statutes of Nevada, Page 832 (CHAPTER 154, AB 275)ê

private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

6. A person may not petition the court to seal records relating to a conviction of:

(a) A crime against a child;

(b) A sexual offense;

(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

(e) A violation of NRS 484C.430;

(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or

(h) A violation of NRS 488.420 or 488.425.

7. The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:

(a) Paragraph (b) of subsection 1 of NRS 484C.400; or

(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a judgment of conviction entered against him or her for a violation of paragraph (b) of subsection 1 of NRS 484C.400 because the person participated in the statewide sobriety and drug monitoring program established pursuant to NRS 484C.392.

8. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

9. Notwithstanding any other provision of law, no fee may be charged by any court or agency of criminal justice in this State related to a petition for the sealing of records pursuant to this section if, at the time the crime for which the records to be sealed was committed, the petitioner was being sex trafficked pursuant to NRS 201.300. As used in this subsection, “fee” includes, without limitation, any fee to file a petition, obtain fingerprints if provided by a governmental agency of this State, obtain any records of criminal history, obtain records of past arrests and convictions or obtain or certify copies of documents pursuant to NRS 19.013 and any other fee related to the sealing of records pursuant to this section.

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ê2023 Statutes of Nevada, Page 833 (CHAPTER 154, AB 275)ê

10. As used in this section:

(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

(b) “Sexual offense” means:

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(2) Sexual assault pursuant to NRS 200.366.

(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this paragraph.

(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(9) Incest pursuant to NRS 201.180.

(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

(12) Lewdness with a child pursuant to NRS 201.230.

(13) Sexual penetration of a dead human body pursuant to NRS 201.450.

(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

(17) An attempt to commit an offense listed in this paragraph.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 834ê

CHAPTER 155, AB 291

Assembly Bill No. 291–Committee on Judiciary

CHAPTER 155

[Approved: June 1, 2023]

AN ACT relating to crimes; revising provisions relating to the prosecution of certain crimes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law makes it a crime for a person: (1) under false representations of his or her own wealth, or mercantile correspondence and connections, to obtain credit and defraud any person of money, goods, chattels or any valuable thing; or (2) to cause or procure another to falsely report his or her wealth or mercantile character and, thus, obtain credit and fraudulently possess goods, wares or merchandise or other valuable things. (NRS 205.370) This bill provides that in any prosecution of such a crime, the State is not required to establish that all of the acts constituting the crime occurred in this State or within a single city, county or local jurisdiction of this State. This bill further provides that it is no defense that a person did not commit all of the acts constituting the crime within this State or within a single city, county or local jurisdiction of this State.

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 205.370 is hereby amended to read as follows:

205.370 1. A person who, by false representations of his or her own wealth, or mercantile correspondence and connections, obtains a credit thereby and defrauds any person of money, goods, chattels or any valuable thing, or if a person causes or procures another to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit and thereby fraudulently gets into the possession of goods, wares or merchandise, or other valuable thing, is a swindler, and must be sentenced to return the property fraudulently obtained, if it can be done, or to pay restitution and shall be punished:

[1.] (a) Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is $1,200 or more, for a category D felony as provided in NRS 193.130.

[2.] (b) Otherwise, for a misdemeanor.

2. In any prosecution for a violation of this section, the State is not required to establish that all of the acts constituting the crime occurred in this State or within a single city, county or local jurisdiction of this State, and it is no defense that not all of the acts constituting the crime occurred in this State or within a single city, county or local jurisdiction of this State.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 835ê

CHAPTER 156, AB 342

Assembly Bill No. 342–Assemblymen Hibbetts, Yurek, Hardy; Gurr and Hafen

CHAPTER 156

[Approved: June 1, 2023]

AN ACT relating to cannabis; requiring a cannabis establishment agent to verify the age of a consumer before selling cannabis or a cannabis product to the consumer; setting forth the method by which the age verification is required to be performed; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing regulations of the Cannabis Compliance Board require a cannabis establishment agent, before selling cannabis or cannabis products to a consumer, to verify the age of the consumer by checking a government-issued identification containing a photograph of the consumer using an identification scanner approved by an appropriate agent of the Board to determine the validity of any government-issued identification. (Nevada Cannabis Compliance Regulations § 7.015) This bill codifies that requirement in statute.

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 678B of NRS is hereby amended by adding thereto a new section to read as follows:

Before a cannabis establishment agent sells cannabis or a cannabis product to a consumer, the cannabis establishment agent shall verify the age of the consumer by checking a government-issued identification that contains a photograph of the consumer using an identification scanner which has been approved by an appropriate agent of the Board to determine the validity of any government-issued identification.

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 January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 836ê

CHAPTER 157, AB 350

Assembly Bill No. 350–Committee on Judiciary

CHAPTER 157

[Approved: June 1, 2023]

AN ACT relating to property; requiring a law enforcement agency to include certain additional information relating to seizures and forfeitures in its annual report to the Office of the Attorney General; requiring the Office of the Attorney General to publish certain reports on its Internet website in a machine-readable format; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires each law enforcement agency to annually submit a report to the Office of the Attorney General containing certain information regarding the seizure and forfeiture of property. Existing law additionally requires the Office of the Attorney General to compile such reports and issue an aggregate report of all forfeitures in this State and make such a report available: (1) on its Internet website; and (2) upon request. (NRS 179.1205) This bill requires each law enforcement agency to include certain additional information relating to seizures and forfeitures in the report that the law enforcement agency submits to the Office of the Attorney General. This bill additionally requires the Office of the Attorney General to make the reports relating to seizures and forfeitures that are published on its Internet website available in a machine-readable format.

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 179.1205 is hereby amended to read as follows:

179.1205 1. On an annual basis, each law enforcement agency shall report the following information about each individual seizure and forfeiture completed by the law enforcement agency under state forfeiture law:

(a) Data on seizures and forfeitures, including, without limitation, the:

(1) Date that currency, vehicles, houses or other types of property were seized;

(2) Type of property seized, including, the year, make and model, as applicable;

(3) [Type of crime associated with the seizure of the property;

(4)] Market value of the property seized; and

[(5) Disposition]

(4) Place of seizure, including whether the property was seized at:

(I) A residence;

(II) A place of business;

(III) A traffic stop; or

(IV) Any other location.

(b) Information relating to any judicial proceedings associated with the seizure, including, without limitation:

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ê2023 Statutes of Nevada, Page 837 (CHAPTER 157, AB 350)ê

(1) The type of crime associated with the seizure of the property;

(2) The crimes, if any, for which the suspect was charged;

(3) The court in which the case was filed and the case number;

(4) The outcome of the criminal proceeding, if any, including whether:

(I) A charge was filed;

(II) The charges were dropped;

(III) The suspect was acquitted;

(IV) There was a plea agreement;

(V) The suspect was convicted by a jury;

(VI) The case is pending; or

(VII) Any other outcome not mentioned in sub-subparagraphs (I) to (VI), inclusive, occurred;

(5) Whether the forfeiture action was completed as a criminal proceeding or a civil proceeding;

(6) Whether a person claimed interest in the property during the proceedings by filing:

(I) A verified answer pursuant to subsection 6 of NRS 179.1171;

(II) An action to claim delivery pursuant to NRS 31.840 and subsection 2 of 179.1171; or

(III) Any other claim to indicate interest in the property which was seized;

(7) The outcome of any judicial forfeiture proceeding, including whether:

(I) The case was dismissed pursuant to subsection 8 of NRS 179.1173;

(II) A default judgment was entered pursuant to Rule 55 of the Nevada Rules of Civil Procedure; or

(III) A court order was entered pursuant to subsection 5 of NRS 179.1231;

(8) Whether a stipulated agreement between the parties regarding the property was reached pursuant to subsection 3 of NRS 179.1171, subsection 9 of NRS 179.1173 or any other provision of law;

(9) The disposition of the property following the [seizure;] forfeiture including whether the property is:

(I) Returned to the owner;

(II) Partially returned to the owner;

(III) Sold;

(IV) Destroyed;

(V) Retained by a law enforcement; or

(VI) Pending disposition; and

[(6) Date]

(10) The date of the disposition of the property.

[(b)] (c) Data on the use of proceeds, including, without limitation, the:

(1) Payment of all outstanding liens on the forfeited property;

(2) Payment of reasonable expenses, except personnel costs, of the seizure, storage and maintenance of custody of any forfeited property; and

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ê2023 Statutes of Nevada, Page 838 (CHAPTER 157, AB 350)ê

(3) Distribution of proceeds pursuant to NRS 179.118, 179.1187, 179.1233 and 207.500.

[(c)] (d) Any other information required by the Office of the Attorney General.

2. The Office of the Attorney General shall develop standard forms, processes and deadlines for the entry of electronic data for the annual submission of the report required by subsection 1.

3. Each law enforcement agency shall file with the Office of the Attorney General the report required by subsection 1. A null report must be filed by a law enforcement agency that did not engage in a seizure or forfeiture during the reporting period. The Office of the Attorney General shall compile the submissions and issue an aggregate report of all forfeitures in this State [.] , which includes a summary of the information provided by the law enforcement agencies.

4. On or before April 1 of each year, the Office of the Attorney General shall make available:

(a) On its Internet website, the reports submitted by law enforcement agencies and the aggregate report.

(b) Upon request, printed copies of the reports submitted by law enforcement agencies and the aggregate report.

5. The reports made available on the Internet website of the Office of the Attorney General pursuant to paragraph (a) of subsection 4 must be published in a format which is machine-readable. As used in this subsection, “machine-readable” means a format by which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost.

6. The Office of the Attorney General shall include in the aggregate report information on any law enforcement agencies not in compliance with this section.

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ê2023 Statutes of Nevada, Page 839ê

CHAPTER 158, SB 323

Senate Bill No. 323–Senators Seevers Gansert; and Hansen

CHAPTER 158

[Approved: June 1, 2023]

AN ACT relating to peace officers; requiring the Peace Officers’ Standards and Training Commission to adopt certain regulations concerning the recruitment and selection of category III peace officers from other states or the Federal Government; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates the Peace Officers’ Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500, 289.510) This bill requires the Commission to adopt regulations to establish standards for the reciprocity of a person from another state or the Federal Government with a certification or law enforcement training equivalent to a category III peace officer.

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 289.510 is hereby amended to read as follows:

289.510 1. The Commission:

(a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.

(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

(1) Requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression;

(2) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

(3) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:

(I) Racial profiling;

(II) Mental health, including, without limitation, crisis intervention;

(III) The well-being of officers;

(IV) Implicit bias recognition;

(V) De-escalation;

(VI) Human trafficking; and

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ê2023 Statutes of Nevada, Page 840 (CHAPTER 158, SB 323)ê

(VII) Firearms.

(4) Qualifications for instructors of peace officers;

(5) Requirements for the certification of a course of training; [and]

(6) Standards for an annual behavioral wellness visit for peace officers to aid in preserving the emotional and mental health of the peace officer and assessing conditions that may affect the performance of duties by the peace officer [.] ; and

(7) Standards for the reciprocity of a person who has been certified as a category III peace officer or its equivalent by the certifying authority of another state or who has successfully completed a federal law enforcement training program that is equivalent to a category III peace officer in this State.

(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.

(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.

2. Regulations adopted by the Commission:

(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and

(d) May require that training be carried on at institutions which it approves in those regulations.

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 January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 841ê

CHAPTER 159, SB 113

Senate Bill No. 113–Senators Goicoechea, Titus, Buck, Hansen, Stone; and Krasner (by request)

CHAPTER 159

[Approved: June 1, 2023]

AN ACT relating to water; requiring the State Engineer to affirm or modify the perennial yield of a basin in a designated critical management area; revising provisions relating to groundwater management plans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, the State Engineer: (1) may designate certain basins as critical management areas; and (2) is required to designate a basin as a critical management area upon receipt of a petition signed by a majority of the holders of certificates or permits to appropriate water in the basin. (NRS 534.110) Existing law further provides that in a basin that has been designated as a critical management area, a petition for the approval of a groundwater management plan may be submitted to the State Engineer by a majority of the holders of permits or certificates to appropriate water in the basin. (NRS 534.037) Section 1 of this bill: (1) requires the State Engineer to affirm or modify the perennial yield of a basin at the same time he or she designates a basin as a critical management area; and (2) authorizes the State Engineer to modify the perennial yield for a critical management area based on the best available science. Section 1 also requires the State Engineer to review the perennial yield before reviewing the results of a groundwater management plan and modify the perennial yield if there has been a change.

Section 1.5 of this bill provides that a petition for the approval of a groundwater management plan must instead be signed by the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer who represent a majority of the total groundwater permitted or certificated for use in the basin. Section 1.5 also provides that the holder of a permit or certificate with a date of priority before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin who does not sign the petition may not be required to comply with an approved groundwater management plan.

Section 1.5 further provides that, if the State Engineer modifies the perennial yield of the basin, the holders of permits or certificates with dates of priority before or after the date on which withdrawals of groundwater in the basin were equal to the previous perennial yield of the basin must be required to comply or allowed to opt out of complying with an approved groundwater management plan, depending on whether the perennial yield is increased or decreased.

Under existing law, the State Engineer is required to restrict withdrawals of groundwater to conform to priority rights under certain circumstances, including if a basin has been designated as a critical management area for at least 10 consecutive years. (NRS 534.110) Section 1.5 requires the State Engineer to review an approved groundwater management plan that has been in effect for 10 consecutive years to determine whether there has been significant progress towards stabilizing the water level of the basin and, if not, with certain exceptions, to restrict withdrawals of groundwater to conform to priority rights until the water level is stabilized. Section 2 of this bill makes a conforming change to create an exception for the restriction of withdrawals to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year if the owner of the domestic well installs or has installed a water meter to record the withdrawal.

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ê2023 Statutes of Nevada, Page 842 (CHAPTER 159, SB 113)ê

Section 3 of this bill requires that, beginning on October 1, 2033, 10 years after the effective date of this bill, the State Engineer must review any groundwater management plan that was approved before October 1, 2023, to determine whether there has been significant progress towards stabilizing the water level of the basin and, if not, to restrict withdrawals in accordance with the requirements of this bill until the water level is stabilized.

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 534 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the State Engineer designates a basin as a critical management area pursuant to subsection 7 of NRS 534.110, the State Engineer shall, in the order designating the critical management area, affirm or modify the perennial yield of the designated basin.

2. The State Engineer may, by order, modify the perennial yield of a basin set forth in the order designating the critical management area pursuant to subsection 1 if the State Engineer determines, after consideration of the best available science, that the perennial yield of the basin is different from the perennial yield set forth in such order.

3. The State Engineer shall, before reviewing the results of a groundwater management plan pursuant to subsection 8 of NRS 534.037, review the perennial yield of the basin set forth in the order pursuant to subsection 1 and may modify the perennial yield of the basin pursuant to subsection 2 if the State Engineer determines the perennial yield has changed.

Sec. 1.5. NRS 534.037 is hereby amended to read as follows:

534.037 1. In a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110, a petition for the approval of a groundwater management plan for the basin may be submitted to the State Engineer. The petition must [be] :

(a) Be signed by [a majority of the] the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer who represent a majority of the total groundwater permitted or certificated for use in the basin; and [must be]

(b) Be accompanied by a groundwater management plan which must set forth the necessary steps for removal of the basin’s designation as a critical management area.

2. In determining whether to approve a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall consider, without limitation:

(a) The hydrology of the basin;

(b) The physical characteristics of the basin;

(d) The quality of the water in the basin;

(e) The wells located in the basin, including, without limitation, domestic wells;

(f) Whether a groundwater management plan already exists for the basin; and

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ê2023 Statutes of Nevada, Page 843 (CHAPTER 159, SB 113)ê

(g) Any other factor deemed relevant by the State Engineer.

3. Before approving or disapproving a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall hold a public hearing to take testimony on the plan in the county where the basin lies or, if the basin lies in more than one county, within the county where the major portion of the basin lies. The State Engineer shall cause notice of the hearing to be:

(a) Given once each week for 2 consecutive weeks before the hearing in a newspaper of general circulation in the county or counties in which the basin lies.

(b) Posted on the Internet website of the State Engineer for at least 2 consecutive weeks immediately preceding the date of the hearing.

4. The decision of the State Engineer on a groundwater management plan may be reviewed by the district court of the county pursuant to NRS 533.450.

5. An amendment to a groundwater management plan must be proposed and approved in the same manner as an original groundwater management plan is proposed and approved pursuant to this section.

6. The State Engineer shall not require the holder of a permit or certificate in the basin with a date of priority that is before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin who does not sign the petition submitted pursuant to subsection 1 to comply with the provisions of a groundwater management plan that is approved pursuant to this section, but the holder of such a permit or certificate may notify the State Engineer in writing that he or she intends to comply with the approved groundwater management plan at any time after the groundwater management plan has been approved.

7. If the State Engineer modifies the perennial yield of a basin pursuant to subsection 2 of section 1 of this act after a groundwater management plan is submitted pursuant to subsection 1, the State Engineer shall, as applicable:

(a) If the perennial yield is decreased, require all holders of permits or certificates in the basin with a date of priority that is after the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin to comply with the provisions of the approved groundwater management plan; and

(b) If the perennial yield is increased, provide all holders of permits or certificates in the basin with a date of priority that is before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin the opportunity to opt out of complying with the approved groundwater management plan by notifying the State Engineer in writing that he or she does not intend to comply with the approved groundwater management plan.

8. If a groundwater management plan approved pursuant to this section has been in effect for 10 consecutive years, the State Engineer shall review the results of the groundwater management plan to determine whether there has been significant progress towards stabilizing the water level of the basin, as determined by the State Engineer. If the State Engineer determines there has not been significant progress, the State Engineer shall, except as otherwise provided in subsection 9 of NRS 534.110, order:

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ê2023 Statutes of Nevada, Page 844 (CHAPTER 159, SB 113)ê

(a) The groundwater management plan dissolved; and

(b) That withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights until the water level of the basin is stabilized.

Sec. 2. NRS 534.110 is hereby amended to read as follows:

534.110 1. The State Engineer shall administer this chapter and shall prescribe all necessary regulations within the terms of this chapter for its administration.

2. The State Engineer may:

(a) Require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights.

(b) Upon his or her own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.

3. The State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits only if the determination is affirmative. The State Engineer may require each applicant to whom a permit is issued for a well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê to report periodically to the State Engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.

4. It is a condition of each appropriation of groundwater acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriator’s point of diversion. In determining a reasonable lowering of the static water level in a particular area, the State Engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

5. This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of existing appropriations can be satisfied under such express conditions. At the time a permit is granted for a well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the State Engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.

6. Except as otherwise provided in subsection 7, the State Engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees and all vested-right claimants, and if the findings of the State Engineer so indicate, except as otherwise provided in subsection 9, the State Engineer may order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted to conform to priority rights [.]

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ê2023 Statutes of Nevada, Page 845 (CHAPTER 159, SB 113)ê

adequate for the needs of all permittees and all vested-right claimants, and if the findings of the State Engineer so indicate, except as otherwise provided in subsection 9, the State Engineer may order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted to conform to priority rights [.] until the water level of the basin is stabilized.

7. The State Engineer:

(a) May designate as a critical management area any basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin.

(b) Shall designate as a critical management area any basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin upon receipt of a petition for such a designation which is signed by [a majority of] the holders of certificates or permits to appropriate water in the basin that are on file in the Office of the State Engineer [.] who represent a majority of groundwater permitted or certificated for use in the basin.

Ê The designation of a basin as a critical management area pursuant to this subsection may be appealed pursuant to NRS 533.450. If a basin has been designated as a critical management area for [at least] 10 consecutive years, except as otherwise provided in subsection 9, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights [,] until the water level of the basin is stabilized, unless a groundwater management plan has been approved for the basin pursuant to NRS 534.037.

8. In any basin or portion thereof in the State designated by the State Engineer, the State Engineer may restrict drilling of wells in any portion thereof if the State Engineer determines that additional wells would cause an undue interference with existing wells. Any order or decision of the State Engineer so restricting drilling of such wells may be reviewed by the district court of the county pursuant to NRS 533.450.

9. If a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if pursuant to subsection 6 or 7 or subsection 8 of NRS 534.037 the State Engineer orders that withdrawals be restricted to conform to priority rights, the State Engineer must limit the restriction of withdrawals from a domestic well to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year, which must be recorded by a water meter.

Sec. 3. 1. Except as otherwise provided in subsection 2, the amendatory provisions of sections 1 and 1.5 of this act do not apply to a groundwater management plan approved before October 1, 2023.

2. Beginning on October 1, 2033, the State Engineer shall review any groundwater management plan approved before October 1, 2023, to determine whether there has been significant progress towards stabilizing the water level of the basin, as determined by the State Engineer. If the State Engineer determines there has not been significant progress, the State Engineer shall, except as otherwise provided in subsection 9 of NRS 534.110, as amended by section 2 of this act, order:

(a) The groundwater management plan dissolved; and

(b) That withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights until the water level of the basin is stabilized.

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ê2023 Statutes of Nevada, Page 846ê

CHAPTER 160, SB 159

Senate Bill No. 159–Senator Hammond

CHAPTER 160

[Approved: June 1, 2023]

AN ACT relating to pest control; requiring the Director of the State Department of Agriculture to adopt regulations to authorize a person to train as an applicator to engage in pest control activities under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a natural person from engaging in, offering to engage in, advertising or soliciting to perform certain pest control activities without first obtaining a license from the Director of the State Department of Agriculture. (NRS 555.280, 555.285) Section 1 of this bill requires the Director to adopt regulations to authorize a person to train as an applicator to engage in pest control activities for a period of not less than 90 days without holding a license as an applicator. Section 1 requires such regulations to allow an applicator trainee to apply: (1) general-use pesticides under the direct supervision of a person who is licensed as an applicator; and (2) restricted-use pesticides under the immediate supervision of certain persons who are licensed as an applicator. Sections 2-4 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Sections 5 and 6 of this bill make conforming changes to provide that section 1 is an exception to the requirement to obtain a license to engage in certain pest control activities.

Existing law provides that any person violating the provisions of law relating to the application of pesticides is guilty of a misdemeanor, must pay an administrative fine of not more than $5,000 per violation and may be subject to an administrative fine for each violation, which may not exceed $5,000 per day. (NRS 555.460, 555.470) Sections 14 and 15 of this bill provide that a person violating the provisions of section 1 governing an applicator trainee is also subject to criminal penalties and administrative fines.

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 555 of NRS is hereby amended by adding thereto a new section to read as follows:

1. In accordance with the provisions of this section, the Director shall adopt regulations to authorize a natural person to train as an applicator to engage in pest control for a period of not less than 90 days without holding a license as an applicator. Such regulations must provide:

(a) That an applicator trainee may only apply:

(1) A general-use pesticide under the direct supervision of a person licensed as an applicator in this State; and

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ê2023 Statutes of Nevada, Page 847 (CHAPTER 160, SB 159)ê

(2) A restricted-use pesticide under the immediate supervision of an authorized commercial applicator, certified non-private applicator or private applicator in accordance with the provisions of NRS 555.351; and

(b) That the supervising applicator or pest control business that employs an applicator trainee is responsible and liable for all actions of the applicator trainee.

2. In adopting regulations pursuant to subsection 1, the Director shall ensure such regulations:

(a) Comply with all applicable provisions of federal law governing applicators and the application of pesticides and federal and state law relating to public safety; and

(b) Are consistent with industry best practices relating to safety and the training of employees.

3. As used in this section:

(a) “Direct supervision” means that an applicator trainee has direct access physically, telephonically or by some other means to an applicator licensed pursuant to NRS 555.2605 to 555.460, inclusive; and

(b) “Immediate supervision” means that a supervisor who is licensed pursuant to NRS 555.2605 to 555.460, inclusive, is physically present as all times while an applicator trainee is working.

Sec. 2. NRS 555.2605 is hereby amended to read as follows:

555.2605 As used in NRS 555.2605 to 555.460, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections.

Sec. 3. NRS 555.273 is hereby amended to read as follows:

555.273 All state agencies, municipal corporations and public utilities or any other governmental agency are subject to the provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act and rules adopted thereunder concerning the application of restricted-use pesticides by any person.

Sec. 4. NRS 555.277 is hereby amended to read as follows:

555.277 1. The provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act relating to licenses and requirements for their issuance, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself, herself or his or her neighbors, if:

(a) The farmer-owner operates farm property and operates and maintains equipment for applying pesticides primarily for his or her own use;

(b) The farmer-owner is not regularly engaged in the business of applying pesticides or performing pest control as an operator, primary principal or principal or as a regular occupation, and the farmer-owner does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or as an applicator; and

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ê2023 Statutes of Nevada, Page 848 (CHAPTER 160, SB 159)ê

(c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owner’s own property and for the accommodation of the farmer-owner’s neighbors for agricultural purposes only.

2. The provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to a gardener using hand-powered equipment, devices or contrivances to apply any pesticides of toxicity class III or IV, as classified by the United States Environmental Protection Agency, to any lawn or garden as an incidental part of his or her business of taking care of a lawn or garden for remuneration, if he or she does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or applying pesticides. As used in this subsection, “gardener” means a person who owns, operates or is employed by a business that provides routine care of a lawn or garden for a homeowner.

Sec. 5. NRS 555.280 is hereby amended to read as follows:

555.280 1. [A] Except as otherwise provided in the regulations adopted pursuant to section 1 of this act, a natural person, including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage, for hire or for profit, in pest control or serve as an agent, operator, pilot, primary principal, location principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director [.] pursuant to NRS 555.320.

2. A natural person or business entity shall not operate, for hire or for profit, as a pest control business within this State at any time without a business license issued by the Director [.] pursuant to NRS 555.320.

Sec. 6. NRS 555.285 is hereby amended to read as follows:

555.285 [A] Except as otherwise provided in the regulations adopted pursuant to section 1 of this act, a natural person shall not engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood-destroying pests or organisms without a license as an applicator issued pursuant to NRS 555.320 [issued] by the Director:

1. Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by those pests or organisms.

2. Making or altering inspection reports concerning the infestations or infections.

3. Making estimates or bids, whether written or oral, concerning the infestations or infections.

4. Submitting bids to perform any work involving the application of pesticides for the elimination, extermination, control or prevention of infestations or infections of those pests.

Secs. 7-13. (Deleted by amendment.)

Sec. 14. NRS 555.460 is hereby amended to read as follows:

555.460 Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and section 1 of this act or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than

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ê2023 Statutes of Nevada, Page 849 (CHAPTER 160, SB 159)ê

$5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

Sec. 15. NRS 555.470 is hereby amended to read as follows:

555.470 1. The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , and section 1 of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

2. The Director may:

(a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.] , and section 1 of this act.

Sec. 16. (Deleted by amendment.)

Sec. 17. 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, 2023, for all other purposes.

3. Section 16 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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ê2023 Statutes of Nevada, Page 850ê

CHAPTER 161, SB 393

Senate Bill No. 393–Senator Seevers Gansert

CHAPTER 161

[Approved: June 1, 2023]

AN ACT relating to insurance; revising the circumstances under which a rate paid for dental coverage is presumed to be excessive; establishing certain procedures to enforce the prohibition on imposing excessive rates for dental coverage; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits the sale or offering for sale of any contract providing coverage for dental care at a rate which is excessive, defined as a ratio of losses to premiums collected which is less than 75 percent. Existing law exempts contracts providing coverage for dental care that are sold to small employers from this prohibition. (NRS 686B.125) Section 3 of this bill requires an insurer, organization or person licensed to engage in the business of insurance in this State that provides coverage for dental care in this State to report certain information concerning the losses and premiums collected by the insurer, organization or person. Section 3 authorizes the Commissioner of Insurance to examine the records and transactions of those insurers, organizations and persons to ascertain compliance with the prohibition on selling or offering for sale any contract providing coverage for dental care at an excessive rate and the reporting requirement. Beginning in 2026, if the Commissioner determines that an insurer, organization or person has violated the prohibition on charging excessive rates, section 3.5 of this bill: (1) requires the insurer, organization or person to submit an adjusted rate filing; and (2) authorizes the Commissioner to require the insurer, organization or person to submit a plan to compensate insureds or members who were affected by excessive rates.

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 686B.125 is hereby amended to read as follows:

686B.125 1. Except as otherwise provided in this section, no insurer, organization or person licensed pursuant to this title may sell or offer to sell any contract providing coverage for dental care at a rate which is excessive for the benefits offered to the insured or member. For the purpose of this section, a ratio of losses to premiums collected which is less than 75 percent is presumed to show an excessive rate.

2. The provisions of subsection 1 do not apply to a contract providing coverage for dental care that is sold to a small employer pursuant to the provisions of chapter 689C of NRS.

[3.] As used in this [section,] subsection, “small employer” has the meaning ascribed to it in NRS 689C.095.

3. Each year, every insurer, organization or person licensed pursuant to this title who provides coverage for dental care in this State shall, in accordance with requirements established by regulation of the Commissioner, file with the Commissioner a report of the losses and premiums collected for that insurer, organization or person, as applicable, for the calendar year.

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ê2023 Statutes of Nevada, Page 851 (CHAPTER 161, SB 393)ê

Commissioner, file with the Commissioner a report of the losses and premiums collected for that insurer, organization or person, as applicable, for the calendar year.

4. For the purposes of subsection 3, the values of losses and premiums collected must be determined at the end of each calendar year for the entire calendar year.

5. The Commissioner may, pursuant to NRS 679B.240, examine the accounts, records, documents and transactions of any insurer, organization or person licensed pursuant to this title who sells or offers to sell any contract providing coverage for dental care in this State to ascertain compliance with the provisions of this section.

Sec. 3.5. NRS 686B.125 is hereby amended to read as follows:

2. [The provisions of subsection 1 do not apply to a contract providing coverage for dental care that is sold to a small employer pursuant to the provisions of chapter 689C of NRS. As used in this subsection “small employer” has the meaning ascribed to it in NRS 689C.095.

3.] Each year, every insurer, organization or person licensed pursuant to this title who provides coverage for dental care in this State shall, in accordance with requirements established by regulation of the Commissioner, file with the Commissioner a report of the losses and premiums collected for that insurer, organization or person, as applicable, for the calendar year.

[4.] 3. For the purposes of subsection [3,] 2, the values of losses and premiums collected must be determined at the end of each calendar year for the entire calendar year.

[5.] 4. The Commissioner shall, based on the reports filed pursuant to subsection 2:

(a) Calculate the aggregate average ratio of losses to premiums collected for each such insurer, organization and other person licensed pursuant to this title for the immediately preceding 3-year period or for the entire period during which the insurer, organization or other person has provided coverage for dental care in this State, whichever time period is shorter, for each market segment in which the insurer, organization or person operates; and

(b) Identify each such insurer, organization and other person licensed pursuant to this title whose aggregate average ratio of losses to premiums collected for a market segment is presumed to show an excessive rate pursuant to subsection 1.

5. On or before June 1 of each year, the Commissioner shall publish on an internet website maintained by the Division:

(a) A list of each insurer, organization or person licensed pursuant to this title who provided coverage for dental care in this State during the immediately preceding calendar year; and

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ê2023 Statutes of Nevada, Page 852 (CHAPTER 161, SB 393)ê

(b) For each such insurer, organization or person licensed pursuant to this title, the aggregate average ratio of losses to premiums collected for the immediately preceding 3-year period or for the entire period during which the insurer, organization or person has provided coverage for dental care in this State, whichever time period is shorter, for each market segment in which the insurer, organization or person operates.

6. The Commissioner may, pursuant to NRS 679B.240, examine the accounts, records, documents and transactions of any insurer, organization or person licensed pursuant to this title who sells or offers to sell any contract providing coverage for dental care in this State to ascertain compliance with the provisions of this section.

7. If the Commissioner determines, after conducting an examination pursuant to subsection 6, that an insurer, organization or person licensed pursuant to this title has failed to comply with the provisions of subsection 1:

(a) The insurer, organization or person, as applicable, must submit to the Commissioner an adjusted rate filing in accordance with NRS 686B.070 not later than 60 days after the date of the determination, regardless of whether the insurer, organization or person is requesting a change in rates. If the Commissioner determines, based on the information calculated pursuant to paragraph (a) of subsection 4, that the previously approved rates are excessive, the Commissioner may require the insurer, organization or person to file a decreased rate that would bring the insurer, organization or person into compliance with provisions of subsection 1.

(b) The Commissioner may order the insurer, organization or person to submit a plan to compensate any insureds or members who:

(1) Are residents of this State; and

(2) Were affected by the excessive rates during any year under examination pursuant to subsection 6.

8. The provisions of subsections 1 and 7 and paragraph (b) of subsection 4 do not apply to a contract providing coverage for dental care that is sold to a small employer pursuant to the provisions of chapter 689C of NRS. As used in this subsection, “small employer” has the meaning ascribed to it in NRS 689C.095.

Secs. 4-12. (Deleted by amendment.)

Sec. 13. 1. This section and sections 1 to 3, inclusive, and 4 to 12, inclusive, of this act become effective on January 1, 2024.

2. Section 3.5 of this act becomes effective on January 1, 2026.

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ê2023 Statutes of Nevada, Page 853ê

CHAPTER 162, AB 407

Assembly Bill No. 407–Assemblyman Carter

CHAPTER 162

[Approved: June 1, 2023]

AN ACT relating to the Department of Motor Vehicles; prohibiting the Director of the Department of Motor Vehicles from releasing any personal information from the files or records of the Department for any purpose relating to the enforcement of immigration laws, except under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits the Director of the Department of Motor Vehicles from releasing any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle for any purpose relating to the enforcement of immigration laws. (NRS 481.063) This bill revises this prohibition by instead prohibiting the Director from releasing any personal information for any purpose relating to the enforcement of immigration laws unless: (1) the requester submits a written release from the person about whom the information is requested; or (2) the Director releases the personal information pursuant to an order, subpoena or warrant issued by a court of competent jurisdiction. This bill prohibits the Director, when responding to such an order, subpoena or warrant, from releasing personal information beyond what is specifically required to comply with the order, subpoena or warrant.

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 481.063 is hereby amended to read as follows:

481.063 1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

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ê2023 Statutes of Nevada, Page 854 (CHAPTER 162, AB 407)ê

to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

5. Except as otherwise provided in subsections 2, 4, 6 , [and] 7 and 11 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

6. Except as otherwise provided in paragraph (a) and [subsection] subsections 8 [,] and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

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ê2023 Statutes of Nevada, Page 855 (CHAPTER 162, AB 407)ê

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) Except as otherwise provided in subsection 6 of NRS 482.2175, by any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

7. Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the driver’s license of the person or the title or registration of the person’s vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.

8. Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

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ê2023 Statutes of Nevada, Page 856 (CHAPTER 162, AB 407)ê

9. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

10. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

11. The Director shall not release any personal information [relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship] from a file or record relating to a [request for or the issuance of a] license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws [.] unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.

12. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

13. It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

14. As used in this section:

(a) [“Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.

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ê2023 Statutes of Nevada, Page 857 (CHAPTER 162, AB 407)ê

(b)] “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

[(c)] (b) “Vehicle” includes, without limitation, an off-highway vehicle as defined in NRS 490.060.

Sec. 2. This act becomes effective on July 1, 2023.

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CHAPTER 163, SB 146

Senate Bill No. 146–Senators Lange, Spearman; and Donate

CHAPTER 163

[Approved: June 1, 2023]

AN ACT relating to health care; revising provisions governing the regulation of hospitals; prohibiting a health carrier from denying certain providers of health care from entering into a contract to join the network of the health carrier under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the State Board of Health to adopt regulations establishing licensing standards for hospitals. (NRS 449.0302) Existing regulations require a doctor of medicine or osteopathic medicine to perform a physical examination and complete a medical history of a patient seeking admission to a hospital not more than 7 days before or more than 48 hours after the patient is admitted to the hospital. (NAC 449.358) Section 1 of this bill requires those regulations to authorize a certified nurse-midwife to perform such a physical examination or obtain such a medical history before or after a patient is admitted to a hospital for the purpose of giving birth.

Existing law requires a health carrier to comply with certain provisions governing the network plans that the health carrier offers or issues. (NRS 687B.600-687B.850) Section 4 of this bill prohibits a health carrier from denying a request from a provider of health care to enter into a provider network contract to join the network established by the health carrier if the provider of health care: (1) meets and accepts the terms and conditions for participation in the network plan of the health carrier; (2) is employed by or has accepted an offer of employment from a school of medicine or school of osteopathic medicine in this State; (3) does not have a clinical practice already established in this State; and (4) requests to become a participating provider of health care in the network of the health carrier. Section 4 authorizes a health carrier to deny a request from such a provider of health care to enter into such a provider network contract for certain reasons. Section 4 also clarifies that a health carrier is authorized to terminate such a provider of health care from participating in the network of the health carrier for any grounds authorized under the provider contract. Sections 6 and 7 of this bill make conforming changes to indicate the proper placement of section 4 in the Nevada Revised Statutes. Sections 2 and 3 of this bill require the State or a local government to comply with section 4 if it offers a health insurance policy to its officers and employees.

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ê2023 Statutes of Nevada, Page 858 (CHAPTER 163, SB 146)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 449.0302 is hereby amended to read as follows:

449.0302 1. The Board shall adopt:

(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and for programs of hospice care.

(b) Regulations governing the licensing of such facilities and programs.

(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.

(f) Regulations requiring a hospital or independent center for emergency medical care to provide training to each employee who provides care to victims of sexual assault or attempted sexual assault concerning appropriate care for such persons, including, without limitation, training concerning the requirements of NRS 449.1885.

(g) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive.

2. The Board shall adopt separate regulations governing the licensing and operation of:

(a) Facilities for the care of adults during the day; and

(b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.

3. The Board shall adopt separate regulations for:

(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

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ê2023 Statutes of Nevada, Page 859 (CHAPTER 163, SB 146)ê

6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

(1) Addresses possession and assistance in the administration of the medication; and

(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.

(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

(b) The residents of the facility reside in their own living units which:

(1) Except as otherwise provided in subsection 8, contain toilet facilities;

(2) Contain a sleeping area or bedroom; and

(3) Are shared with another occupant only upon consent of both occupants.

(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

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ê2023 Statutes of Nevada, Page 860 (CHAPTER 163, SB 146)ê

(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

(b) The exception, if granted, would not:

(1) Cause substantial detriment to the health or welfare of any resident of the facility;

(2) Result in more than two residents sharing a toilet facility; or

(3) Otherwise impair substantially the purpose of that requirement.

9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

(a) Facilities that only provide a housing and living environment;

(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:

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ê2023 Statutes of Nevada, Page 861 (CHAPTER 163, SB 146)ê

(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;

(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;

(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and

(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.

12. The Board shall adopt separate regulations governing the licensing and operation of freestanding birthing centers. Such regulations must:

(a) Align with the standards established by the American Association of Birth Centers, or its successor organization, the accrediting body of the Commission for the Accreditation of Birth Centers, or its successor organization, or another nationally recognized organization for accrediting freestanding birthing centers; and

(b) Allow the provision of supervised training to providers of health care, as appropriate, at a freestanding birthing center.

13. If the regulations adopted pursuant to this section require a physical examination to be performed on a patient or the medical history of a patient to be obtained before or after the patient is admitted to a hospital, those regulations must authorize a certified nurse-midwife to perform such a physical examination or obtain such a medical history before or after a patient is admitted to a hospital for the purpose of giving birth.

14. As used in this section [, “living] :

(a) “Certified nurse-midwife” means a person who is:

(1) Certified as a Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; and

(2) Licensed as an advanced practice registered nurse pursuant to NRS 632.237.

(b) “Living unit” means an individual private accommodation designated for a resident within the facility.

Sec. 2. 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:

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ê2023 Statutes of Nevada, Page 862 (CHAPTER 163, SB 146)ê

(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.

(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 686A.135, 687B.352, 687B.408, 687B.723, 687B.725, 689B.030 to 689B.050, inclusive, 689B.265, 689B.287 and 689B.500 and section 4 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.

(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.

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ê2023 Statutes of Nevada, Page 863 (CHAPTER 163, SB 146)ê

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.

Sec. 3. 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 686A.135, 687B.352, 687B.409, 687B.723, 687B.725, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.174, inclusive, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 4 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. 4. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

1. A health carrier which offers or issues a network plan may not deny a request from a provider of health care to enter into a provider network contract with the health carrier if the provider of health care:

(a) Meets and accepts the terms and conditions for participation in the network of the health carrier, including, without limitation:

(1) Meeting any credentialing requirement of the health carrier;

(2) Agreeing to all provisions of the provider network contract, including, without limitation, provisions setting forth the grounds and procedures for terminating providers of health care from participation in the network; and

(3) Agreeing to participate in a review of the performance and experience of the provider of health care at least once each year or as otherwise required by the health carrier;

(b) Is employed by or has accepted an offer of employment from a school of medicine or school of osteopathic medicine in this State to serve in a position where the provider of health care teaches students studying to become providers of health care or resident physicians at least 50 percent of the time the provider of health care is performing his or her duties for the school;

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ê2023 Statutes of Nevada, Page 864 (CHAPTER 163, SB 146)ê

(c) Does not have a clinical practice already established in this State at the time the request to enter into a provider network contract is made; and

(d) Requests to be a participating provider of health care in the network of the health carrier.

2. A health carrier which offers or issues a network plan may deny a request from a provider of health care to enter into a provider network contract with the health carrier if:

(a) The health carrier contracts with a third party for the delivery of services to covered persons;

(b) Participating providers of health care are paid though capitation agreements; or

3. A health carrier may terminate a provider network contract entered into pursuant to subsection 1 for any grounds authorized under the contract. Such grounds may include, without limitation, failure to maintain the employment described in paragraph (b) of subsection 1 or issues of inconsistency with other participating providers of health care with regard to:

(a) Access for covered persons to the services of the provider of health care;

(b) The cost of the services of the provider of health care;

(d) Other issues relating to the utilization of the services of the provider of health care.

Sec. 5. NRS 687B.600 is hereby amended to read as follows:

687B.600 As used in NRS 687B.600 to 687B.850, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 687B.602 to 687B.665, inclusive, have the meanings ascribed to them in those sections.

Sec. 6. NRS 687B.670 is hereby amended to read as follows:

687B.670 If a health carrier offers or issues a network plan, the health carrier shall, with regard to that network plan:

1. Comply with all applicable requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and section 4 of this act;

2. As applicable, ensure that each contract entered into for the purposes of the network plan between a participating provider of health care and the health carrier complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and section 4 of this act; and

3. As applicable, ensure that the network plan complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [.] , and section 4 of this act.

Sec. 7. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 6, 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, 2023, for all other purposes.

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ê2023 Statutes of Nevada, Page 865ê

CHAPTER 164, SB 192

Senate Bill No. 192–Committee on Health and Human Services

CHAPTER 164

[Approved: June 1, 2023]

AN ACT relating to hospitals; authorizing the board of trustees of a county hospital district to hold closed meetings under certain circumstances; revising provisions governing meetings of a board of hospital trustees of a county hospital; revising certain provisions related to a hospital advisory board; authorizing a board of hospital trustees or hospital governing board to employ dentists; revises certain exemptions governing unprofessional conduct by a dentist employed by a board of hospital trustees or hospital governing board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a county or group of counties to establish a public hospital. (NRS 450.020) Existing law also: (1) provides for a board of hospital trustees for a public hospital, which has general powers and duties relating to establishing and maintaining a public hospital; (2) authorizes the appointment of a hospital advisory board in counties where the board of county commissioners is the board of hospital trustees; and (3) requires such a hospital advisory board to exercise the powers and duties delegated to it by the board of hospital trustees. (NRS 450.070, 450.150, 450.175) Section 2 of this bill changes the name of a “hospital advisory board” to a “hospital governing board” and requires such a board to adopt bylaws and related policies and procedures.

Existing law requires a board of hospital trustees of a county hospital to hold meetings and authorizes the board of hospital trustees to hold a closed meeting to discuss providing or expanding a health care service or acquiring or expanding a facility. (NRS 450.140) Section 1.5 of this bill also authorizes a board of hospital trustees or a hospital governing board to hold a closed meeting to discuss: (1) privileged or confidential matters before an organized committee of a county hospital in deliberating the character, alleged misconduct, professional competence, or physical or mental health of a provider of health care; and (2) matters related to a medical audit or the quality assurance programs of the county hospital.

Section 1 of this bill authorizes a board of trustees of a county hospital district to hold a closed meeting for the same purposes as a board of hospital trustees of a county hospital. Section 1 also provides that the records of such a closed meeting become public records 5 years after the date of the meeting or when the board of trustees determines that confidentiality is no longer required, whichever is first, and defines the terms “provider of health care” and “review committee” for purposes of section 1.

Section 3 of this bill makes a conforming change to exempt a closed meeting held pursuant to sections 1 and 1.5 from the Open Meeting Law. Sections 2.7 and 2.9 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Existing law authorizes a board of hospital trustees of a public hospital to employ physicians and interns on a full-time or part-time basis, and fix their compensations. (NRS 450.180) Section 2.5 of this bill authorizes a board of hospital trustees or any hospital governing board appointed pursuant to section 2 to employ dentists and fix their compensation. Section 3.5 of this bill exempts such a dentist from a prohibition against associating with or being employed by certain unlicensed persons under certain circumstances.

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ê2023 Statutes of Nevada, Page 866 (CHAPTER 164, SB 192)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 450 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A board of trustees may hold a closed meeting exempt from the provisions of chapter 241 of NRS to discuss:

(a) Providing a new health care service in the county hospital district or materially expanding a health care service that is currently provided in the county hospital district;

(b) The acquisition of an additional facility by the county hospital district or the material expansion of an existing facility of the county hospital district;

(c) Matters before a review committee to deliberate the character, alleged misconduct, professional competence or physical or mental health of a provider of health care; or

(d) Matters related to a medical audit or the quality assurance programs of the county hospital district.

2. The provisions of subsection 1 must not be construed to:

(a) Authorize the board of trustees to hold a closed meeting to discuss a change of management or ownership or the dissolution of the county hospital district; or

(b) Prohibit the public from obtaining a report that is otherwise available to the public pursuant to state or federal law.

3. Except as otherwise provided in this subsection, minutes of a closed meeting held pursuant to subsection 1, any supporting material and any recording or transcript of the closed meeting become public records 5 years after the date on which the meeting is held or when the board of trustees determines that the matters discussed no longer require confidentiality, whichever occurs first. Minutes of a closed meeting held pursuant to subsection 1, any supporting material and any recording or transcript of the closed meeting that contains privileged information are not public records. Nothing in this section shall be construed to limit the disclosure of information that is discoverable as part of a legal proceeding or pursuant to court order.

4. As used in this section:

(a) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

(b) “Review committee” has the meaning ascribed to it in NRS 49.117.

Sec. 1.5. NRS 450.140 is hereby amended to read as follows:

450.140 1. The board of hospital trustees shall hold meetings at least once each month, and shall keep a complete record of all its transactions.

2. Except as otherwise provided in NRS 241.0355:

(a) In counties where three county commissioners are not members of the board, three members of the board constitute a quorum for the transaction of business.

(b) And except as otherwise provided in paragraph (c), in counties where three county commissioners are members of the board, any five of the members constitute a quorum for the transaction of business.

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ê2023 Statutes of Nevada, Page 867 (CHAPTER 164, SB 192)ê

(c) In counties where the board of county commissioners is the board of hospital trustees, a majority of the board constitutes a quorum for the transaction of business.

3. The board of hospital trustees or any hospital governing board appointed pursuant to NRS 450.175 may hold a closed meeting exempt from the provisions of chapter 241 of NRS to discuss:

(a) Providing a new health care service at the county hospital or materially expanding a health care service that is currently provided by the county hospital; [or]

(b) The acquisition of an additional facility by the county hospital or the material expansion of an existing facility of the county hospital [.] ;

(c) Matters before a review committee to deliberate the character, alleged misconduct, professional competence or physical or mental health of a provider of health care; or

(d) Matters related to a medical audit or the quality assurance programs of the county hospital.

4. [Subsection] The provisions of subsection 3 must not be construed to [authorize] :

(a) Authorize the board of hospital trustees or the hospital governing board to hold a closed meeting to discuss a change of management or ownership or the dissolution of the county hospital [.] ; or

(b) Prohibit the public from obtaining a report that is otherwise available to the public pursuant to state or federal law.

5. [Minutes] Except as otherwise provided in this subsection, minutes of a closed meeting held pursuant to subsection 3, any supporting material and any recording or transcript of the closed meeting become public records 5 years after the date on which the meeting is held or when the board of hospital trustees or hospital governing board, as applicable, determines that the matters discussed no longer require confidentiality, whichever occurs first. Minutes of a closed meeting held pursuant to subsection 3, any supporting material and any recording or transcript of the closed meeting that contains privileged information are not public records. Nothing in this section shall be construed to limit the disclosure of information that is discoverable as part of a legal proceeding or pursuant to court order.

6. As used in this section:

(a) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

(b) “Review committee” has the meaning ascribed to it in NRS 49.117.

Sec. 2. NRS 450.175 is hereby amended to read as follows:

450.175 1. In counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees may appoint a hospital [advisory] governing board which shall exercise only the powers and duties delegated to the [advisory] governing board by the board of hospital trustees. In counties in which the board of hospital trustees appoints a hospital governing board, the governing board is the governing body of the county hospital when exercising powers and duties delegated to the governing board pursuant to this chapter.

2. Members of a hospital [advisory] governing board must be appointed by a majority vote of the board of hospital trustees and shall serve at the pleasure of the board.

3. Members of the hospital [advisory] governing board may receive compensation for their services in an amount not to exceed $500 per month.

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ê2023 Statutes of Nevada, Page 868 (CHAPTER 164, SB 192)ê

4. The hospital governing board shall adopt bylaws and related policies and procedures consistent with this chapter and all applicable ordinances.

Sec. 2.5. NRS 450.180 is hereby amended to read as follows:

450.180 The board of hospital trustees or any hospital governing board appointed pursuant to NRS 450.175 may:

1. Appoint a chief executive officer and necessary assistants, and fix their compensations.

2. Employ physicians , [and] interns [,] and dentists, either full-time or part-time, as the board determines necessary, and fix their compensations.

3. Remove those appointees and employees.

4. Control the admission of physicians and interns to the staff by promulgating appropriate rules, regulations and standards governing those appointments.

5. Contract with individual physicians or private medical associations for the provision of certain medical services as may be required by the hospital.

Sec. 2.7. NRS 450.550 is hereby amended to read as follows:

450.550 As used in NRS 450.550 to 450.760, inclusive, and section 1 of this act, unless the context otherwise requires:

1. “Board of trustees” means:

(a) A board of hospital trustees:

(1) Elected pursuant to NRS 450.620 and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or

(2) Appointed pursuant to NRS 450.625 and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or

(b) A board of county commissioners, if that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees, and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable.

2. “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.760, inclusive.

Sec. 2.9. NRS 450.590 is hereby amended to read as follows:

450.590 1. Except as otherwise provided in subsection 3, if 25 percent or more of the holders of title or evidence of title to lands lying within the proposed district, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land lies, setting forth the exterior boundaries of the proposed district and asking that the district so described be established within a county hospital district pursuant to the provisions of NRS 450.550 to 450.750, inclusive, and section 1 of this act, the board of county commissioners shall adopt a resolution declaring the intention of the board to include the territory within a county hospital district, naming the district and describing its exterior boundaries.

2. The resolution must:

(a) Fix a time and place for the hearing of the proposed establishment of the district not less than 30 days after its adoption.

(b) Direct the clerk of the board of county commissioners to publish:

(1) The notice of intention of the board of county commissioners to establish the county hospital district; and

(2) The time and place fixed for the hearing.

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ê2023 Statutes of Nevada, Page 869 (CHAPTER 164, SB 192)ê

(c) Designate that the notice must be published in a newspaper of general circulation published in the county and circulated in the proposed county hospital district, or if there is no newspaper so published and circulated, then in a newspaper of general circulation circulated in the proposed district.

3. The provisions of this section do not apply to a proposed hospital district if it includes territory within more than one county.

Sec. 3. 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, 241.028, 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, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 450.140, 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 1 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. 3.5. NRS 631.3465 is hereby amended to read as follows:

631.3465 The following acts, among others, constitute unprofessional conduct:

1. Dividing fees or agreeing to divide fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his or her legal representative, but licensed dentists are not prohibited from:

(a) Practicing in a partnership and sharing professional fees;

(b) Employing another licensed dentist, dental hygienist or dental therapist; or

2. Associating with or lending his or her name to any person engaged in the illegal practice of dentistry or associating with any person, firm or corporation holding himself, herself or itself out in any manner contrary to the provisions of this chapter.

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ê2023 Statutes of Nevada, Page 870 (CHAPTER 164, SB 192)ê

3. Associating with or being employed by a person not licensed pursuant to this chapter if that person exercises control over the services offered by the dentist, owns all or part of the dentist’s practice or receives or shares the fees received by the dentist. The provisions of this subsection do not apply to a dentist who [associates] :

(a) Associates with or is employed by a person who owns or controls a dental practice pursuant to NRS 631.385 [.] ; or

(b) Is employed by a board of hospital trustees or a hospital governing board pursuant to NRS 450.180.

4. Using the name “clinic,” “institute,” “referral services” or other title or designation that may suggest a public or semipublic activity.

5. Practicing under the name of a dentist who has not been in active practice for more than 1 year.

Sec. 4. 1. Any administrative regulations adopted by an officer, agency or other entity whose name has changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

2. Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency, or other entity to which the responsibility for enforcement of the provisions of the contract or other agreement has been transferred.

3. Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

Sec. 5. The Legislative Counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or entity.

2. In preparing supplements to the Nevada Administrative Code, appropriately change only references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

________

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ê2023 Statutes of Nevada, Page 871ê

CHAPTER 165, SB 249

Senate Bill No. 249–Senators Lange, Hammond, Spearman; Daly, Donate, Dondero Loop, D. Harris, Ohrenschall and Scheible

Joint Sponsor: Assemblyman Nguyen

CHAPTER 165

[Approved: June 1, 2023]

AN ACT relating to cosmetology; revising provisions governing the scope of practice of certain persons licensed and regulated by the State Board of Cosmetology; establishing procedures to contest certain citations issued by the Board; repealing or removing provisions which provide for the licensure and regulation by the Board of demonstrators of cosmetics and establishments for hair braiding; revising the powers and duties of the Board and the Executive Director of the Board; requiring the Board to adopt certain regulations; revising certain requirements for a person to obtain certain licenses and certificates of registration issued by the Board; revising certain licensing fees; revising provisions concerning the issuance and renewal of certain licenses and certificates of registration issued by the Board; revising provisions relating to cosmetological establishments and schools of cosmetology; revising certain requirements relating to the supervision of certain apprentices; authorizing the Board to issue certain citations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and regulation by the State Board of Cosmetology of persons engaged in various branches of cosmetology and makeup artistry, cosmetological establishments and schools of cosmetology. (Chapter 644A of NRS)

Existing law exempts, with certain exceptions, persons authorized to practice medicine, commissioned medical officers of the United States Army, Navy or Marine Hospital Service and various other persons from the provisions of existing law governing cosmetology. (NRS 644A.150) Section 14 of this bill additionally exempts, with certain exceptions, persons authorized to practice nursing and certain additional members of the Armed Forces of the United States.

Existing law authorizes the Board to issue a citation to a: (1) licensee or registrant for certain violations relating to health or sanitation; and (2) person for certain unlicensed activities. (NRS 644A.865, 644A.955) Section 62 of this bill additionally authorizes the Board to issue a citation to a licensee or registrant for certain additional violations. Section 4 of this bill sets forth a process by which a person may contest certain citations. Section 5 of this bill authorizes the Board to take appropriate legal action to recover the amount of a fine imposed by the Board.

Existing law provides for the licensure and regulation by the Board of persons engaged in the practice of: (1) esthetics, which existing law defines, in general, to include certain practices involving the care of the skin, the application of cosmetics and the removal of superfluous hair; and (2) advanced esthetics, which existing law defines to mean the practice of advanced esthetic procedures in addition to the practice of esthetics. (NRS 644A.014, 644A.075) Existing law designates a person engaged in the practice of esthetics as an esthetician and a person engaged in the practice of advanced esthetics as an advanced esthetician. (NRS 644A.013, 644A.065) Existing law also provides for the licensure and regulation by the Board of cosmetologists, which existing law defines, in general, to mean a person engaged in various practices involving the hair, nails and skin of a person. (NRS 644A.030)

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ê2023 Statutes of Nevada, Page 872 (CHAPTER 165, SB 249)ê

Section 7 of this bill revises the list of procedures that constitute advanced esthetic procedures to: (1) include a medium-depth chemical peel, which section 3 of this bill defines, in general, to mean the removal of certain layers of skin using chemicals; and (2) remove certain procedures. Section 6 of this bill makes a conforming change to indicate the proper placement of section 3 in the Nevada Revised Statutes.

Existing law defines “esthetic medical device” to mean, in general, certain devices used to perform an esthetic medical procedure. (NRS 644A.062) Section 18 of this bill requires the Board to adopt regulations identifying each device that the Board determines to be appropriate for use in the performance of an esthetic medical procedure. Section 10 of this bill revises the definition of “esthetic medical device” to include only those devices that the Board has identified by regulation. Sections 8 and 11 of this bill revise the definitions of “cosmetologist” and “esthetics,” respectively, for the purpose of: (1) prohibiting an esthetician or cosmetologist from using certain devices, including an esthetic medical device; and (2) authorizing an esthetician and a cosmetologist to perform certain procedures.

Existing law authorizes an advanced esthetician to perform a nonablative esthetic medical procedure under the supervision of a physician, a physician assistant or an advanced practice registered nurse. (NRS 644A.127) Section 18 requires the Board to adopt regulations identifying each nonablative esthetic medical procedure an advanced esthetician is authorized to perform. Section 13 of this bill revises the definition of “nonablative esthetic medical procedure” for the purpose of authorizing an advanced esthetician to perform only those nonablative medical procedures that the Board has identified by regulation.

Existing law prohibits a provider of health care from using space leased in a cosmetological establishment to provide health care services at the same time a cosmetologist uses that space to engage in the practice of cosmetology. (NRS 644A.615) Section 48 of this bill provides an exemption from that prohibition to authorize a physician, a physician assistant or an advanced practice registered nurse to use such a leased space to provide health care services associated with the supervision of an advanced esthetician.

Existing law sets forth certain powers and duties of the Board. (NRS 644A.230) Section 15 of this bill provides those powers and duties to the Executive Director of the Board. Existing law requires the Board to keep all records and files at the main office of the Board and, with certain exceptions, make the records and files open to public inspection. (NRS 644A.230) Section 15 removes the requirement to keep the records and files at the main office of the Board.

Existing law provides that certain documents and information of the Board relating to the imposition of disciplinary action against a person are confidential unless the person submits to the Board a request that such documents and information be made public records. (NRS 644A.870) Section 56 of this bill removes provisions authorizing a person to submit such a request.

Sections 39, 42 and 47 of this bill require a licensee or registrant to have paid to the Board any outstanding fees, fines or other balance owed to the Board as a condition for the renewal of a license or certificate of registration. Section 35 of this bill provides that certain fees charged by the Board are nonrefundable.

Existing law requires a makeup artist to register with the Board and provides that such a registration expires on January 1 of each year. (NRS 644A.395) Section 12 of this bill revises the definition of “makeup artistry” to authorize a makeup artist to apply strip eyelashes. (NRS 644A.105) Section 31 of this bill: (1) revises the information that a person must submit to the Board to register as a makeup artist; and (2) provides that a certificate of registration as a makeup artist is valid for 1 year after the date of issuance.

Existing law requires a person who applies to be admitted to an examination for licensure as a cosmetologist, hair designer, esthetician, advanced esthetician or nail technologist to satisfy certain training or experience requirements. Existing law authorizes such requirements to be satisfied by having practiced the applicable occupation for a certain length of time outside of this State. (NRS 644A.300, 644A.315, 644A.328, 644A.330, 644A.345) Sections 20, 22 and 24-26 of this bill revise those training and experience requirements to, among other things, specify that practice outside of this State includes practice in any other state, territory or country.

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ê2023 Statutes of Nevada, Page 873 (CHAPTER 165, SB 249)ê

Sections 21 and 23 of this bill provide that an examination for a license as a cosmetologist or hair designer may include practical demonstrations of procedures involving the application of chemicals to the hair. Section 32 of this bill revises certain training requirements for a person to be admitted to examination for a license as an electrologist. Sections 29 and 30 of this bill revise requirements for a person to be admitted to examination for registration as a shampoo technologist and for the content of the examination. Sections 27, 28 and 64 of this bill repeal and revise requirements for a person to be admitted to examination for licensure as a hair braider and for the content of the examination. Sections 36, 54 and 59 of this bill make conforming changes to remove references to certain requirements concerning hair braiders repealed by section 64.

Existing law sets forth separate requirements for a person to be admitted for examination as an instructor depending on whether the person wishes to be licensed as an instructor of cosmetology, hair design, esthetics, advanced esthetics or nail technology. (NRS 644A.420-644A.430) Sections 34 and 64 of this bill: (1) establish, with certain exceptions, the same requirements for each type of instructor; and (2) authorize an instructor to provide instruction only on subject matter that is within the scope of his or her license in the applicable branch of cosmetology. Section 33 of this bill revises the materials that an applicant for a provisional license as an instructor is required to submit to the Board.

Sections 37, 39 and 42 of this bill revise the amount of fees charged to an applicant for examination for licensure as a hair braider and for the issuance and renewal of such a license. Section 41 of this bill: (1) authorizes the Board to defer the expiration of certain licenses or certificates of registration for a person who submits a request and pays a fee; and (2) requires the Board to provide certain notice to a licensee or holder of a certificate of registration before the expiration of his or her license or certificate of registration.

Existing law requires a person who holds a license or certificate of registration to practice any branch of cosmetology to display the license or certificate or a duplicate of the license or certificate at the position where the holder of the license or certificate performs his or her work. (NRS 644A.530) Section 44 of this bill requires such a person to display the license or certificate or a duplicate of the license or certificate at each workstation where he or she performs his or her work on the public.

Existing law establishes requirements for the licensure and operation of a cosmetological establishment or a school of cosmetology. (NRS 644A.600-644A.630, 644A.700-644A.755) Section 46 of this bill revises procedures for the issuance of a license for a cosmetological establishment. Sections 51 and 52 of this bill revise requirements for the: (1) supervision by a licensed instructor of a school of cosmetology; (2) attendance of a student for instruction in theory; and (3) advertisement of student work to the public. Section 57 of this bill revises the circumstances under which certain apprentices may engage in certain practices at a cosmetological establishment. Section 50 of this bill requires a cosmetological establishment to display a sign under certain circumstances indicating when no cosmetological services will be provided.

Existing law requires a person who engages in the practice of threading or the owner or operator of certain facilities in which a person engages in the practice of threading to register with the Board. (NRS 644A.550) Sections 17 and 45 of this bill: (1) require the Board to keep certain records relating to a person who engages in the practice of threading; (2) provide that a certificate of registration to engage in the practice of threading expires 1 year after issuance; and (3) authorize a licensed cosmetologist or esthetician to engage in the practice of threading without registering with the Board.

Existing law provides for the licensure and regulation of establishments for hair braiding, which existing law defines to mean, in general, any premises, mobile unit or building where hair braiding is practiced, other than a cosmetological establishment. (NRS 644A.060) Sections 16-19, 42, 53-55, 57, 60, 61 and 64 of this bill remove or repeal provisions which provide for the licensure and regulation of establishments for hair braiding, thereby requiring any establishment where hair braiding is practiced to be licensed as a cosmetological establishment.

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ê2023 Statutes of Nevada, Page 874 (CHAPTER 165, SB 249)ê

hair braiding, thereby requiring any establishment where hair braiding is practiced to be licensed as a cosmetological establishment. Section 63 of this bill deems any person who, on October 1, 2023, holds a license for an establishment for hair braiding to hold a license for a cosmetological establishment.

Existing law provides for the licensure and regulation by the Board of demonstrators of cosmetics, which existing law defines to mean, in general, a person who demonstrates cosmetics under certain circumstances. (NRS 644A.045) Sections 9, 17, 38-43, 48, 49, 54 and 64 of this bill repeal or remove all references to demonstrators of cosmetics in the provisions of existing law governing cosmetology for the purpose of no longer subjecting a demonstrator of cosmetics to licensure or regulation by the Board.

Existing law prohibits: (1) the use of an x-ray machine to treat the scalp or remove hair; and (2) the local application of corrosive substances for the purpose of peeling skin. (NRS 644A.925) Section 58 of this bill: (1) eliminates the prohibition on the use of an x-ray machine to treat the scalp or remove hair; and (2) revises the prohibition on the use of corrosive substances to peel skin to allow for the application of certain substances by a cosmetologist, esthetician or advanced esthetician for certain purposes.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. Chapter 644A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

Sec. 3. “Medium-depth chemical peel” means the removal of skin from the epidermis and papillary dermis layers using chemicals applied directly to the skin.

Sec. 4. 1. If a person is issued a citation pursuant to NRS 644A.955, the person may request a hearing before the Board to contest the citation by filing a written request with the Board:

(a) Not later than 30 days after the date on which the citation is received by the person; or

(b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the Board.

2. If the person files a written request for a hearing to contest the citation within the time allowed pursuant to this section, the Board shall provide notice of and conduct the hearing in the same manner as other disciplinary proceedings.

3. If the person does not file a written request for a hearing to contest the citation within the time allowed pursuant to this section, the citation shall be deemed a final order of the Board.

4. For the purposes of this section, a citation shall be deemed to have been received by a person:

(a) On the date on which the citation is personally delivered to the person;

(b) For a citation issued to a licensee or registrant which is sent by electronic mail, the date on which the citation is sent by electronic mail to the electronic mail address of the licensee or registrant on file with the Board; or

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ê2023 Statutes of Nevada, Page 875 (CHAPTER 165, SB 249)ê

(c) If the citation is mailed, 7 days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

Sec. 5. The Board may cause appropriate legal action to be taken in any court of competent jurisdiction to recover a fine imposed by the Board pursuant to this chapter.

Sec. 6. NRS 644A.010 is hereby amended to read as follows:

644A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644A.011 to 644A.140, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

Sec. 7. NRS 644A.012 is hereby amended to read as follows:

644A.012 “Advanced esthetic procedure” means any of the following procedures performed for esthetic purposes and not for the treatment of a medical, physical or mental ailment:

1. [Exfoliation;

2. Microdermabrasion and related services;

3.] Microneedling;

[4. Dermaplaning;

5. Extraction;

6. Hydrotherapy;

7.] 2. Medium-depth chemical peel;

3. A nonablative esthetic medical procedure; or

[8.] 4. Other similar esthetic preparations or procedures with the use of the hands or a mechanical or electronic apparatus.

Sec. 8. NRS 644A.030 is hereby amended to read as follows:

644A.030 1. “Cosmetologist” means a person who engages in the practices of:

(a) Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

(b) Cutting, trimming or shaping the hair.

(c) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.

(d) Removing superfluous hair from the surface of the body of any person by the use of depilatories, waxing, tweezers or sugaring, except for the removal of hair with lasers or the permanent removal of hair with needles.

(e) Manicuring the nails of any person.

(f) Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device [, electrical or otherwise,] for the care of the skin [.] that is noninvasive and is not an esthetic medical device or otherwise prohibited by the Board.

(g) Giving facials or skin care or applying cosmetics or eyelashes to any person.

(h) Performing any of the following procedures for esthetic purposes and not for the treatment of a medical, physical or mental ailment:

(1) Extraction;

(2) Hydrotherapy; or

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ê2023 Statutes of Nevada, Page 876 (CHAPTER 165, SB 249)ê

(3) Exfoliation which does not remove any skin below the stratum corneum, including, without limitation, by the use of manual exfoliation, microdermabrasion or dermaplaning.

2. [As used in this section, “depilatories” does not include the practice of threading.] The term does not include a person who engages in the practice of advanced esthetics.

Sec. 9. NRS 644A.040 is hereby amended to read as follows:

644A.040 “Cosmetology” includes the occupations of a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider [, demonstrator of cosmetics] and nail technologist. The term does not include the occupation of a makeup artist.

Sec. 10. NRS 644A.062 is hereby amended to read as follows:

644A.062 “Esthetic medical device” means a device, as defined in 21 U.S.C. § 321, [used to perform] which the Board, by regulation, has determined to be appropriate for use in the performance of an esthetic medical procedure . [, including, without limitation, a laser, a radial shockwave device, a cryotherapy device and a device that emits radio frequencies, plasma, intense pulsed light, ultrasound, microwaves or other similar energies.]

Sec. 11. NRS 644A.075 is hereby amended to read as follows:

644A.075 [1.] “Esthetics” means the practices of:

[(a)] 1. Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device [, electrical or otherwise,] for the care of the skin [;

(b)] that is noninvasive and is not an esthetic medical device or otherwise prohibited by the Board;

2. Applying cosmetics, eyelash extensions or eyelashes to any person, tinting eyelashes and eyebrows, eyelash perming and lightening hair on the body; [and

(c)] 3. Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring [,] ; and

4. Performing any of the following procedures for esthetic purposes and not for the treatment of a medical, physical or mental ailment:

(a) Extraction;

(b) Hydrotherapy; or

(c) Exfoliation which does not remove any skin below the stratum corneum, including, without limitation, by the use of manual exfoliation, microdermabrasion or dermaplaning,

Ê but does not include the branches of cosmetology of a cosmetologist, advanced esthetician, hair designer, shampoo technologist, hair braider, electrologist or nail technologist.

[2. As used in this section, “depilatories” does not include the practice of threading.]

Sec. 12. NRS 644A.110 is hereby amended to read as follows:

644A.110 1. “Makeup artistry” means the practice of applying makeup , strip eyelashes or prosthetics for:

(a) Theatrical, television, film and other similar productions;

(b) All aspects of the modeling and fashion industry, including, without limitation, photography for magazines; and

2. The term includes the practice of applying makeup , strip eyelashes or prosthetics at:

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ê2023 Statutes of Nevada, Page 877 (CHAPTER 165, SB 249)ê

(a) Licensed cosmetological establishments; and

(b) Retail establishments, unless the practice is limited to the demonstration of cosmetics by a retailer in the manner described in paragraph (d) of subsection 1 of NRS 644A.150.

Sec. 13. NRS 644A.127 is hereby amended to read as follows:

644A.127 “Nonablative esthetic medical procedure” means an esthetic medical procedure that is not expected to excise, vaporize, disintegrate or remove living tissue [.] , and which the Board has, by regulation, authorized to be performed by an advanced esthetician.

Sec. 14. NRS 644A.150 is hereby amended to read as follows:

644A.150 1. The following persons are exempt from the provisions of this chapter:

(a) Except for those provisions relating to advanced estheticians, all persons authorized by the laws of this State to practice nursing, medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

(b) Commissioned medical officers of the Armed Forces of the United States [Army, Navy, or Marine Hospital Service] when engaged in the actual performance of their official duties, and attendants attached to [those services.] a unit in a branch of the Armed Forces of the United States that provides medical services.

(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

(1) Cleansing or singeing the hair of any person.

(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

(1) The demonstration is without charge to the person to whom the demonstration is given; and

(2) The retailer does not advertise or provide a service relating to the practice of cosmetology except cosmetics and fragrances.

(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services or the practice of makeup artistry and provides cosmetics without charge to the customer.

2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644A.740.

(b) Notwithstanding the provisions of NRS 644A.735, shall maintain a staff of at least one licensed instructor.

3. Any health care professional, as defined in NRS 453C.030, is exempt from the provisions of this chapter relating to advanced estheticians.

Sec. 15. NRS 644A.230 is hereby amended to read as follows:

644A.230 The Executive Director of the Board:

1. Shall prescribe the duties of [its] the officers, examiners and employees [,] of the Board, and fix the compensation of those employees.

2. May , with the approval of the Board, establish offices in as many [localities] locations in the State as [it] the Executive Director finds necessary to carry out the provisions of this chapter.

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ê2023 Statutes of Nevada, Page 878 (CHAPTER 165, SB 249)ê

necessary to carry out the provisions of this chapter. [All records and files of the Board must be kept at the main office of the Board and, except as otherwise provided in NRS 644A.870, be open to public inspection at all reasonable hours.]

3. May adopt a seal.

4. May issue subpoenas to compel the attendance of witnesses and the production of books and papers.

Sec. 16. NRS 644A.250 is hereby amended to read as follows:

644A.250 The Board shall:

1. Hold examinations to determine the qualifications of all applicants for a license or certificate of registration, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

2. Issue licenses to such applicants as may be entitled thereto.

3. Issue certificates of registration to such applicants as may be entitled thereto.

4. License [establishments for hair braiding,] cosmetological establishments and schools of cosmetology.

5. Report to the proper prosecuting officer or law enforcement agency each violation of this chapter coming within its knowledge.

6. Inspect schools of cosmetology, [establishments for hair braiding,] cosmetological establishments and any facility in this State in which threading is conducted to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

Sec. 17. NRS 644A.260 is hereby amended to read as follows:

644A.260 1. The Board shall keep a record containing the name, known place or places of business, electronic mail address, personal mailing address, telephone number and the date and number of the license or certificate of registration, as applicable, of every nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, [demonstrator of cosmetics,] person engaged in the practice of threading registered pursuant to NRS 644A.550, makeup artist registered pursuant to NRS 644A.395 and cosmetologist, together with the names and addresses of all [establishments for hair braiding,] cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure or registration.

2. The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

(a) Any other licensing board or agency that is investigating a licensee or registrant.

(b) A member of the general public, except information concerning the personal mailing address, work address, electronic mail address and telephone number of a licensee or registrant.

Sec. 18. NRS 644A.275 is hereby amended to read as follows:

644A.275 The Board shall adopt reasonable regulations:

1. For carrying out the provisions of this chapter.

2. For conducting examinations of applicants for licenses and certificates of registration.

3. For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed electrologist or in a school of cosmetology licensed pursuant to the laws of another state or territory of the United States or the District of Columbia.

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ê2023 Statutes of Nevada, Page 879 (CHAPTER 165, SB 249)ê

cosmetology licensed pursuant to the laws of another state or territory of the United States or the District of Columbia.

4. For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

(a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

(b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

(d) Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

5. Governing the courses of study and practical training required of persons for treating the skin of the human body.

6. For governing the conduct of cosmetological establishments.

7. [As the Board determines are necessary for governing the conduct of establishments for hair braiding.] Identifying each nonablative esthetic medical procedure that an advanced esthetician is authorized to perform pursuant to this chapter.

8. Identifying each device that the Board determines to be appropriate for use in the performance of an esthetic medical procedure. Such devices may include, without limitation, a laser, a radial shockwave device, a cryotherapy device and a device that emits radio frequencies, plasma, intense pulsed light, ultrasound, microwaves or other similar energies.

Sec. 19. NRS 644A.280 is hereby amended to read as follows:

644A.280 1. The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in the practice of hair braiding, [in establishments for hair braiding,] in the practice of a cosmetologist, in cosmetological establishments or schools of cosmetology, in the practice of threading and in any facility in this State in which threading is conducted.

2. No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the State Board of Health.

3. A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a license is issued for the conduct of a cosmetological establishment, [establishment for hair braiding,] school of cosmetology, practice of cosmetology or facility in this State in which threading is conducted.

Sec. 20. NRS 644A.300 is hereby amended to read as follows:

644A.300 The Board shall admit to examination for a license as a cosmetologist any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

4. Has had any one of the following:

(a) Training of at least 1,600 hours [, extending over a school term of 10 months,] in a school of cosmetology approved by the Board.

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ê2023 Statutes of Nevada, Page 880 (CHAPTER 165, SB 249)ê

(b) Practice of the occupation of a cosmetologist for a period of at least 4 years outside this State [.] , including, without limitation, in any other state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 600 hours of specialized training approved by the Board.

(d) At least 3,200 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644A.310.

Sec. 21. NRS 644A.305 is hereby amended to read as follows:

644A.305 Examinations for licensure as a cosmetologist may include:

1. Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, nail technology, cosmetics, thermal curling, marcelling, facial massage, massage of the scalp with the hands, procedures involving the application of chemicals to hair, and cutting, trimming or shaping hair;

2. Written or oral tests on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity as applicable to the practice of a cosmetologist; and

3. Such other demonstrations and tests as the Board may require.

Sec. 22. NRS 644A.315 is hereby amended to read as follows:

644A.315 The Board shall admit to examination for a license as a hair designer each person who has applied to the Board in proper form and paid the fee, and who:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

4. Satisfies at least one of the following:

(a) Is a barber registered pursuant to chapter 643 of NRS.

(b) Has had training of at least 1,000 hours [, extending over a period of 7 consecutive months,] in a school of cosmetology approved by the Board.

(c) Has had practice of the occupation of hair designing for at least 4 years outside this State [.] , including, without limitation, in any other state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(d) Has had at least 2,000 hours of service as a hair designer’s apprentice in a licensed cosmetological establishment in which hair design is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a hair designer’s apprentice issued to the person pursuant to NRS 644A.325.

Sec. 23. NRS 644A.320 is hereby amended to read as follows:

644A.320 The examination for licensure as a hair designer may include:

1. Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, thermal curling, marcelling, massage of the scalp with the hands, procedures involving the application of chemicals to hair, and cutting, trimming or shaping the hair;

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ê2023 Statutes of Nevada, Page 881 (CHAPTER 165, SB 249)ê

massage of the scalp with the hands, procedures involving the application of chemicals to hair, and cutting, trimming or shaping the hair;

2. Written or oral tests, or both written and oral tests, on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity as applicable to the practice of a hair designer; and

3. Such other demonstrations and tests as the Board may require.

Sec. 24. NRS 644A.328 is hereby amended to read as follows:

644A.328 The Board shall admit to examination for a license as an advanced esthetician any person who has made the application to the Board in proper form, paid the fee and:

1. Is at least 18 years of age;

2. Is of good moral character;

3. Has successfully completed the 10th grade in school or its equivalent; and

4. Satisfies at least one of the following:

(a) The person has completed at least 900 hours of training in a licensed school of cosmetology in a curriculum prescribed by the Board pursuant to NRS 644A.277;

(b) The person is a licensed esthetician and has additionally completed at least 300 hours of training in a licensed school of cosmetology in a curriculum prescribed by the Board pursuant to NRS 644A.277; or

(c) The person has [practiced] practice as [a full-time licensed] an advanced esthetician for at least [1 year.] 4 years outside this State, including, without limitation, in any other state, territory or country, which has been documented and which the Board or its designee deems acceptable.

Sec. 25. NRS 644A.330 is hereby amended to read as follows:

644A.330 The Board shall admit to examination for a license as an esthetician any person who has made application to the Board in proper form, paid the fee and:

1. Is at least 18 years of age;

2. Is of good moral character;

3. Has successfully completed the 10th grade in school or its equivalent; and

4. Has had any one of the following:

(a) A minimum of 600 hours of training, which includes theory [, modeling] and practice, in a licensed school of cosmetology.

(b) Practice as [a full-time licensed] an esthetician for at least [1 year.] 4 years outside this State, including, without limitation, in another state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(c) At least 1,200 hours of service as an esthetician’s apprentice in a licensed cosmetological establishment in which esthetics is practiced. The required hours must have been completed during the period of validity of the certificate of registration as an esthetician’s apprentice issued to the person pursuant to NRS 644A.340.

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ê2023 Statutes of Nevada, Page 882 (CHAPTER 165, SB 249)ê

Sec. 26. NRS 644A.345 is hereby amended to read as follows:

644A.345 The Board shall admit to examination for a license as a nail technologist any person who has made application to the Board in proper form, paid the fee and who, before or on the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in school or its equivalent.

4. Has had any one of the following:

(a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.

(b) Practice as a [full-time licensed] nail technologist for [1 year] at least 4 years outside [the State of Nevada.] this State, including, without limitation, in another state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(c) At least 1,200 hours of service as a nail technologist’s apprentice in a licensed cosmetological establishment in which nail technology is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a nail technologist’s apprentice issued to the person pursuant to NRS 644A.355.

Sec. 27. NRS 644A.360 is hereby amended to read as follows:

644A.360 [1. Except as otherwise provided in NRS 644A.365, the] The Board shall admit to examination as a hair braider each person who has applied to the Board in proper form and paid the fee, and who:

[(a)] 1. Is not less than 18 years of age.

[(b)] 2. Is of good moral character.

[(c)] 3. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

[(d) If the person has not practiced hair braiding previously:

(1) Has completed a minimum of 250 hours of training and education as follows:

(I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

(II) Seventy-five hours concerning infection control and prevention and sanitation;

(III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

(IV) Fifty hours of clinical practice; and

(2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644A.370.

(e) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

(1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

(2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644A.370.

2. The application submitted pursuant to subsection 1 must be accompanied by:

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ê2023 Statutes of Nevada, Page 883 (CHAPTER 165, SB 249)ê

(a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

(b) A copy of one of the following documents as proof of the age of the applicant:

(1) A driver’s license, identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia, the United States or any territory of the United States or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;

(2) The birth certificate of the applicant; or

(3) The current passport issued to the applicant.]

Sec. 28. NRS 644A.370 is hereby amended to read as follows:

644A.370 [1.] The examination for licensure as a hair braider pursuant to [paragraph (d) of subsection 1 of] NRS [644A.365 must] 644A.360 may include:

[(a)] 1. A written test on antisepsis, sterilization and sanitation;

[(b)] 2. A written test on the laws of Nevada and the regulations of the Board relating to cosmetology; [and

(c)] 3. A practical demonstration in hair braiding; and

4. Such other tests or examinations as the Board deems necessary.

[2. The examination for licensure as a hair braider pursuant to NRS 644A.360 or paragraph (e) of subsection 1 of NRS 644A.365 must include:

(a) The written tests and such other tests or examinations described in subsection 1; and

(b) A practical demonstration in hair braiding.]

Sec. 29. NRS 644A.375 is hereby amended to read as follows:

644A.375 1. The Board shall admit to examination for a certificate of registration as a shampoo technologist, any person who has applied to the Board in proper form and paid the fee, and who:

(a) Is not less than 16 years of age.

(b) Is of good moral character.

(d) Satisfies at least one of the following:

(1) Training of at least 50 hours in a licensed school of cosmetology as a student of the occupation of a cosmetologist or hair designer;

(2) Training of at least 50 hours in a licensed school of cosmetology in a curriculum prescribed by the Board by regulation; or

(3) Training of at least 50 hours which is administered online by the Board in a curriculum prescribed by the Board by regulation . [; or

(4) Has had practice as a full-time licensed shampoo technologist for 1 year outside this State.]

2. The Board may charge a fee of not more than $50 to administer the training described in subparagraph (3) of paragraph (d) of subsection 1.

[3. A certificate of registration as a shampoo technologist is valid for 2 years after the date on which it is issued and may be renewed by the Board upon good cause shown.]

Sec. 30. NRS 644A.380 is hereby amended to read as follows:

644A.380 The examination for a certificate of registration as a shampoo technologist must include:

1. [Practical demonstrations in shampooing and rinsing the hair which are approved and conducted by the Board or a licensed school of cosmetology;

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ê2023 Statutes of Nevada, Page 884 (CHAPTER 165, SB 249)ê

2.] A written test on the laws of Nevada and the regulations of the Board relating to cosmetology; and

[3.] 2. Such [other] demonstrations and other tests as the Board requires.

Sec. 31. NRS 644A.395 is hereby amended to read as follows:

644A.395 1. Each makeup artist who engages in the practice of makeup artistry in a licensed cosmetological establishment shall [, on or before January 1 of each year,] register with the Board on a form prescribed by the Board. The registration must:

(a) Include:

(1) The name, address, electronic mail address and telephone number of the makeup artist; and

(2) The name and license number of each cosmetological establishment in which the makeup artist will be practicing makeup artistry.

(b) Be accompanied by [:

(1) A] a notarized statement indicating that the makeup artist:

[(I)] (1) Is 18 years of age or older;

[(II)] (2) Is of good moral character; and

[(III)] (3) Has completed at least 2 years of high school . [; and

(2) Two current photographs of the makeup artist which are 2 by 2 inches.]

2. The Board shall charge a fee of not more than $25 for registering a makeup artist pursuant to this section.

3. A makeup artist shall not practice makeup artistry in a licensed cosmetological establishment without first obtaining a certificate of registration.

4. A makeup artist, other than a makeup artist required to be registered pursuant to subsection 1, shall not engage in the practice of makeup artistry in this State unless he or she:

(a) Is 18 years of age or older;

(b) Is of good moral character; and

5. A certificate of registration as a makeup artist is valid for 1 year after the date on which it is issued.

Sec. 32. NRS 644A.400 is hereby amended to read as follows:

644A.400 The Board shall admit to examination for a license as an electrologist any person who has made application to the Board in the proper form and paid the fee, and who before or on the date set for the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 12th grade in school or its equivalent.

4. Has or has completed any one of the following:

(a) A minimum training of 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.

(b) Study of the practice for at least 1,000 hours extending over a period of [5] 8 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologist’s apprentices.

(c) A valid electrologist’s license issued by a state whose licensing requirements are equal to or greater than those of this State.

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ê2023 Statutes of Nevada, Page 885 (CHAPTER 165, SB 249)ê

(d) Either training or practice, or a combination of training and practice, in electrology outside this State for a period specified by regulations of the Board.

Sec. 33. NRS 644A.415 is hereby amended to read as follows:

644A.415 1. The Board may grant a provisional license as an instructor to a person who:

(a) Has successfully completed the 12th grade in school or its equivalent;

(b) Has practiced as a full-time licensed cosmetologist, hair designer, [hair braider,] esthetician, advanced esthetician or nail technologist for 1 year and submits written verification of his or her experience;

(d) Applies for a provisional license on a form supplied by the Board;

(e) Submits [two] a current [photographs] photograph of himself or herself; and

(f) Has paid the fee established pursuant to subsection 2.

2. The Board shall establish and collect a fee of not less than $40 and not more than $75 for the issuance of a provisional license as an instructor.

3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

Sec. 34. NRS 644A.420 is hereby amended to read as follows:

644A.420 1. The Board shall admit to examination for a license as an instructor of cosmetology , hair design, esthetics, advanced esthetics or nail technology any person who has applied to the Board in proper form, paid the fee and:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Has received a minimum of 700 hours of training as a student instructor or 500 hours of training as an instructor or as a licensed provisional instructor in a licensed school of cosmetology; [and]

(e) Is licensed as a cosmetologist , hair designer, esthetician, advanced esthetician or nail technologist pursuant to this chapter [.] ; and

(f) If the applicant is licensed as a hair designer, esthetician, advanced esthetician or nail technologist, has practiced as a full-time licensed hair designer, esthetician, advanced esthetician or nail designer, as applicable, or as a licensed student instructor.

2. Each instructor shall pay an initial fee for a license of not less than $60 and not more than $90.

3. An instructor of cosmetology , hair design, esthetics, advanced esthetics or nail technology shall complete at least the number of hours of continuing education required, at the time the hours of continuing education are completed, for instructors of schools of cosmetology accredited by the National Accrediting Commission of Career Arts & Sciences or its successor organization. The hours of continuing education must be obtained in courses approved by the Board during each 2-year period of his or her license.

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ê2023 Statutes of Nevada, Page 886 (CHAPTER 165, SB 249)ê

4. An instructor of cosmetology, hair design, esthetics, advanced esthetics or nail technology may only provide instruction on subject matter that is within the scope of his or her license as a cosmetologist, hair designer, esthetician, advanced esthetician or nail technologist.

Sec. 35. NRS 644A.450 is hereby amended to read as follows:

644A.450 1. An application for admission to examination or for a license in any branch of cosmetology, or for a certificate of registration as a shampoo technologist, esthetician’s apprentice, cosmetologist’s apprentice, hair designer’s apprentice or nail technologist’s apprentice must be made in writing on forms furnished by the Board and must be submitted within the period designated by the Board. The Board shall charge a nonrefundable fee of $15 for furnishing the forms.

2. An application must contain proof of the qualifications of the applicant for examination, licensure or registration. The applicant must certify that all the information contained in the application is truthful and accurate.

Sec. 36. NRS 644A.460 is hereby amended to read as follows:

644A.460 [Except as otherwise provided in NRS 644A.365, upon] Upon application to the Board, accompanied by a fee of $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Is currently licensed in another state or territory or the District of Columbia.

Sec. 37. NRS 644A.470 is hereby amended to read as follows:

644A.470 1. In addition to the fee for an application, the fees for examination are:

(a) For examination as a cosmetologist, not less than $75 and not more than $200.

(b) For examination as an electrologist, not less than $75 and not more than $200.

(d) For examination as a shampoo technologist, not less than $50 and not more than $100.

(e) For examination as a hair braider, [$110.] not less than $75 and not more than $200.

(f) For examination as a nail technologist, not less than $75 and not more than $200.

(g) For examination as an esthetician, not less than $75 and not more than $200.

(h) For examination as an advanced esthetician, not less than $75 and not more than $200.

(i) For examination as an instructor of estheticians, advanced estheticians, hair designers, cosmetology or nail technology, not less than $75 and not more than $200.

2. [Except as otherwise provided in this subsection, the] The fee for each reexamination is not less than $75 and not more than $200. [The fee for reexamination as a hair braider is $110.]

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ê2023 Statutes of Nevada, Page 887 (CHAPTER 165, SB 249)ê

3. [In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.

4.] Each applicant referred to in [subsections] subsection 1 [and 3] shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

Sec. 38. NRS 644A.480 is hereby amended to read as follows:

644A.480 1. The Board:

(a) Shall provide examinations for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist [or demonstrator of cosmetics] in English and, upon the request of an applicant for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist , [or demonstrator of cosmetics,] in Spanish; and

(b) May provide examinations for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist , [or demonstrator of cosmetics,] in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.

2. A request for an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist [or demonstrator of cosmetics] to be translated into a language other than English or Spanish must be filed with the Board by the applicant making the request at least 90 days before the scheduled examination. The Board shall keep all such requests on file.

3. The Board shall impose a fee upon the applicants who file requests for an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist [or demonstrator of cosmetics] to be translated into a language other than English or Spanish. The fee must be sufficient to ensure that the applicants bear the full cost for the development, preparation, administration, grading and evaluation of the translated examination. The fee is in addition to all other fees that must be paid by applicants for the examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist . [or demonstrator of cosmetics.]

4. In determining whether it is in the best interests of the public to translate an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist [or demonstrator of cosmetics] into a language other than English or Spanish, the Board shall consider the percentage of the population within this State whose native language is the language for which the translated examination is sought.

Sec. 39. NRS 644A.490 is hereby amended to read as follows:

644A.490 1. The Board shall issue a license or certificate of registration, as applicable, as a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist [, demonstrator of cosmetics] or instructor to each applicant who:

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ê2023 Statutes of Nevada, Page 888 (CHAPTER 165, SB 249)ê

(a) Except as otherwise provided in NRS [644A.380 and] 644A.455, passes a satisfactory examination, conducted by the Board to determine his or her fitness to practice that occupation of cosmetology; [and]

(b) Complies with such other requirements as are prescribed in this chapter for the issuance of the license or certificate of registration [.] ; and

2. The fees for issuance of an initial license or certificate of registration, as applicable, are:

(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, hair braiders, shampoo technologists [, demonstrators of cosmetics] and cosmetologists:

(1) For 2 years, not less than $50 and not more than $100.

(2) For 4 years, not less than $100 and not more than $200.

(b) [For hair braiders:

(1) For 2 years, $70.

(2) For 4 years, $140.

(c)] For instructors:

(1) For 2 years, not less than $60 and not more than $100.

(2) For 4 years, not less than $120 and not more than $200.

Sec. 40. NRS 644A.510 is hereby amended to read as follows:

644A.510 Every licensed or registered nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [, demonstrator of cosmetics] or cosmetologist shall, within 30 days after changing his or her place of business or personal mailing address, as designated in the records of the Board, notify the Board of the new place of business or personal mailing address. Upon receipt of the notification, the Board shall make the necessary change in the records.

Sec. 41. NRS 644A.515 is hereby amended to read as follows:

644A.515 1. The license or certificate of registration, as applicable, of every cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider, nail technologist [, demonstrator of cosmetics] and instructor expires on either:

(a) The second anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration, from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal; or

(b) The fourth anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal.

2. The Board may, by regulation, defer the expiration of a license or certificate of registration, as applicable, of a person who is on active duty in any branch of the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Board may similarly defer the expiration of the license or certificate of registration, as applicable, of the spouse or dependent child of that person if the spouse or child is residing with the person.

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ê2023 Statutes of Nevada, Page 889 (CHAPTER 165, SB 249)ê

3. The Board may, by regulation, defer the expiration of a license or certificate of registration, as applicable, of a person who:

(a) Submits to the Board, on a form prescribed by the Board, a request for his or her license or certificate of registration to be placed on inactive or retirement status; and

(b) Pays a fee in an amount established by the Board by regulation.

4. For the purposes of this section, any licensee or holder of a certificate of registration whose date of birth occurs on February 29 in a leap year shall be deemed to have a birthdate of February 28.

5. The Board shall send written notice to a licensee or holder of a certificate of registration identifying the date of the expiration of his or her license or certificate of registration, as applicable, at least:

(a) Ninety days before the license or certificate of registration expires; and

(b) Once each month following the month in which notice is sent pursuant to paragraph (a) until the month in which the license or certificate of registration expires.

Sec. 42. NRS 644A.520 is hereby amended to read as follows:

644A.520 1. An application for renewal of any license or certificate of registration issued pursuant to this chapter must be:

(a) Made on a form prescribed and furnished by the Board;

(b) Made on or before the date for renewal specified by the Board;

(d) Accompanied by all information required to complete the renewal.

2. The fees for renewal of a license or a certificate of registration, as applicable, are:

(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, hair braiders, shampoo technologists [, demonstrators of cosmetics] and cosmetologists:

(1) For 2 years, not less than $50 and not more than $100.

(2) For 4 years, not less than $100 and not more than $200.

(b) [For hair braiders:

(1) For 2 years, $70.

(2) For 4 years, $140.

(c)] For instructors:

(1) For 2 years, not less than $60 and not more than $100.

(2) For 4 years, not less than $120 and not more than $200.

[(d)] (c) For cosmetological establishments:

(1) For 2 years, not less than $100 and not more than $200.

(2) For 4 years, not less than $200 and not more than $400.

[(e) For establishments for hair braiding:

(1) For 2 years, $70.

(2) For 4 years, $140.

(f)] (d) For schools of cosmetology:

(1) For 2 years, not less than $500 and not more than $800.

(2) For 4 years, not less than $1,000 and not more than $1,600.

3. For each month or fraction thereof after the date for renewal specified by the Board in which a license or a certificate of registration as a shampoo technologist is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for [an establishment for hair braiding,] a cosmetological establishment, all persons licensed pursuant to this chapter and persons registered as a shampoo technologist.

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ê2023 Statutes of Nevada, Page 890 (CHAPTER 165, SB 249)ê

4. An application for the renewal of a license or a certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, esthetician, advanced esthetician, electrologist, nail technologist [, demonstrator of cosmetics] or instructor must be:

(a) Accompanied by [two] a current [photographs] photograph of the applicant ; [which are 2 by 2 inches and have the name of the applicant written on the back of each photograph;] or

(b) If the application for the renewal of the license or certificate of registration, as applicable, is made online, accompanied by a current photograph of the applicant which is [2 by 2 inches and is] electronically attached to the application for renewal.

5. Before a person applies for the renewal of a license or certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, esthetician, advanced esthetician, electrologist [,] or nail technologist , [or demonstrator of cosmetics,] the person must [complete] :

(a) Complete at least 4 hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Board [.] ; and

(b) Pay any outstanding fee, fine or other balance owed to the Board.

Sec. 43. NRS 644A.525 is hereby amended to read as follows:

644A.525 1. A nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist [, demonstrator of cosmetics] or instructor whose license or certificate of registration, as applicable, has expired may have his or her license or certificate of registration renewed only upon payment of all applicable required fees and submission of all information required to complete the renewal.

2. Any nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist [, demonstrator of cosmetics] or instructor who retires from practice for more than 1 year may have his or her license or certificate of registration, as applicable, restored only upon payment of all required fees and submission of all information required to complete the restoration.

3. No nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist [, demonstrator of cosmetics] or instructor who has retired from practice for more than 4 years may have his or her license or certificate of registration, as applicable, restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

Sec. 44. NRS 644A.530 is hereby amended to read as follows:

644A.530 1. The holder of a license or certificate of registration issued by the Board to practice any branch of cosmetology must display his or her current license or certificate or a duplicate of the license or certificate in plain view of the public at the [position] workstation where the holder of the license or certificate performs his or her work [.] on the public.

2. If a person practices cosmetology in more than one place, the person shall display the license or certificate or a duplicate of the license or certificate wherever he or she is actually working [.] on the public.

Sec. 45. NRS 644A.550 is hereby amended to read as follows:

644A.550 1. Each natural person who engages in the practice of threading and each owner or operator of a kiosk or other stand-alone facility in which a natural person engages in the practice of threading shall [, on or before January 1 of each year,] register with the Board on a form prescribed by the Board.

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ê2023 Statutes of Nevada, Page 891 (CHAPTER 165, SB 249)ê

in which a natural person engages in the practice of threading shall [, on or before January 1 of each year,] register with the Board on a form prescribed by the Board. The registration must be accompanied by a fee of not more than $25 and must include:

(a) The name, address, electronic mail address and telephone number of the person, owner or operator; and

(b) Any other information relating to the practice of the person or the operation of the kiosk or other facility required by the Board.

2. The Board shall, during regular business hours, inspect each facility in this State in which threading is conducted . [not later than 90 days after the date on which the registration is activated.]

3. The fee required by subsection 1 must be established by regulation of the Board.

4. A certificate of registration to engage in the practice of threading is valid for 1 year after the date on which it is issued.

5. A person who is registered with the Board pursuant to subsection 1 is not required to obtain any other license or certificate of registration pursuant to this chapter to engage in the practice of threading.

6. A licensed cosmetologist or esthetician is not required to register with the Board pursuant to subsection 1 to engage in the practice of threading.

Sec. 46. NRS 644A.600 is hereby amended to read as follows:

644A.600 1. Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter. The applicant must certify that all the information contained in the application is truthful and accurate.

2. The applicant must submit the application accompanied by the applicable required fees for inspection and licensing. [Upon receipt of the application, the] Before issuing a license for a cosmetological establishment, the Board shall [contact the applicant to arrange a date and time to] conduct [the on-site] an opening inspection [and] of the proposed cosmetological establishment to ensure that the minimum requirements for operating a cosmetological establishment pursuant to this chapter are met. After the Board has conducted an inspection pursuant to this subsection and determined that such minimum requirements are met, the Board or its designee shall issue [and activate] the license. [A license issued pursuant to this subsection is not valid until it is activated.]

3. The fee for issuance of a license for a cosmetological establishment is:

(a) For 2 years, $200.

(b) For 4 years, $400.

4. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

Sec. 47. NRS 644A.610 is hereby amended to read as follows:

644A.610 1. The license of every cosmetological establishment:

(a) Expires 2 years after the date of issuance or renewal of a license that was issued or renewed for a 2-year period.

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ê2023 Statutes of Nevada, Page 892 (CHAPTER 165, SB 249)ê

(b) Expires 4 years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.

2. If a cosmetological establishment fails to pay the applicable required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

3. Before the license of a cosmetological establishment may be renewed, the holder of the license must pay any outstanding fee, fine or other balance owed to the Board.

Sec. 48. NRS 644A.615 is hereby amended to read as follows:

644A.615 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display in plain view of members of the general public:

(a) In the principal office or place of business of the holder, the license or a duplicate of the license; and

(b) At each cosmetological establishment operated by the holder, a sign of sufficient size to be legible to members of the general public stating that the establishment is not a medical facility.

2. Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed or registered, as applicable, nail technologists, electrologists, estheticians, advanced estheticians, hair designers, shampoo technologists, hair braiders [, demonstrators of cosmetics] and cosmetologists at the establishment to provide services relating to the practice of cosmetology. This subsection does not prohibit an operator of a cosmetological establishment from:

(a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.

(b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

3. The operator of a cosmetological establishment may lease space at the cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his or her practice. [The] Except as otherwise provided in subsection 4, the provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

4. A provider of health care who is a health care professional may use leased space at a cosmetological establishment to provide health care associated with the supervision of an advanced esthetician pursuant to NRS 644A.545 at the same time as a cosmetologist uses that space to engage in the practice of cosmetology.

5. As used in this section:

(a) “Health care professional” has the meaning ascribed to it in NRS 453C.030.

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ê2023 Statutes of Nevada, Page 893 (CHAPTER 165, SB 249)ê

(b) “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.

[(b)] (c) “Space” includes, without limitation, a separate room in the cosmetological establishment.

Sec. 49. NRS 644A.620 is hereby amended to read as follows:

644A.620 Cosmetology and threading may be practiced in a cosmetological establishment by licensed or registered, as applicable, cosmetologists, estheticians, advanced estheticians, electrologists, hair designers, shampoo technologists, hair braiders, [demonstrators of cosmetics,] nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:

1. Employees of the owner of the enterprise; or

2. Lessees of space from the owner of the enterprise.

Sec. 50. NRS 644A.625 is hereby amended to read as follows:

644A.625 1. A cosmetological establishment must, at all times, be under the immediate supervision of a person who is licensed in the branch of cosmetology or a combination of branches of cosmetology of any service relating to the practice of cosmetology provided at the cosmetological establishment at the time the service is provided.

2. If the operator of a cosmetological establishment leases space to a licensed or registered, as applicable, nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [, demonstrator of cosmetics] or cosmetologist pursuant to NRS 644A.615, the lessee must provide supervision for that branch of cosmetology in the manner required by subsection 1.

3. If a cosmetological establishment is open to the public at any time during which no licensed or registered, as applicable, nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider or cosmetologist is physically present in the establishment, the cosmetological establishment must display conspicuously a sign indicating that no cosmetological services are being offered at that time.

Sec. 51. NRS 644A.740 is hereby amended to read as follows:

644A.740 1. A school of cosmetology must at all times be under the immediate supervision of a licensed instructor . [who has had practical experience in an established place of business for at least 1 year in the practice of a majority of the branches of cosmetology taught at the school of cosmetology.]

2. A school of cosmetology shall:

(a) Except as otherwise provided in subsection 6, maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in each branch of cosmetology taught at the school of cosmetology.

(b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.

(d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

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ê2023 Statutes of Nevada, Page 894 (CHAPTER 165, SB 249)ê

(e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.

(f) Not allow any student to perform services on the public for more than 7 hours in any day.

(g) Not allow any student to attend school for more than:

(1) Forty regularly scheduled school hours in each week;

(2) Ten regularly scheduled school hours in any day; or

(3) Ten hours in a week to make up for regularly scheduled school hours that the student missed.

(h) Conduct at least 5 hours of instruction in theory in each 40-hour week , [or 6 hours of instruction in theory in each 48-hour week,] which must be [attended] completed by all registered students [.

(h)] either through in-person instruction or, subject to paragraph (i), through an alternative form of instruction that has been approved by the Board, including, without limitation, instruction that is provided through distance education.

(i) Not allow any student to complete more than 10 percent of his or her required hours of instruction in theory in a manner other than through in-person instruction.

(j) Require that all work by students be done on the basis of rotation.

3. Except as otherwise provided in subsection 4, the Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure or registration in each branch of cosmetology taught at the school of cosmetology, any other course.

4. The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy, reflexology or structural integration if:

(a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program; and

(b) With regard to that portion of the premises where the school of cosmetology offers courses included in the cosmetological curriculum, the school of cosmetology continues to comply with the provisions of this chapter and any regulations adopted pursuant thereto.

5. Notwithstanding any other provision of law, if a school of cosmetology offers a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy, reflexology or structural integration:

(a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology; and

(b) The school of cosmetology is not required to obtain any other license, authorization or approval to offer the course or program.

6. A school of cosmetology is not required to maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in any branch of cosmetology if the school of cosmetology provides its students with a disclaimer, in at least 14-point bold type, indicating that completion of the instruction provided at the school of cosmetology does not:

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ê2023 Statutes of Nevada, Page 895 (CHAPTER 165, SB 249)ê

(a) Qualify the student for a license or certificate of registration in any branch of cosmetology; or

(b) Prepare the student for an examination in any branch of cosmetology.

7. As used in this section, “distance education” means instruction delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated geographically.

Sec. 52. NRS 644A.750 is hereby amended to read as follows:

644A.750 No school of cosmetology or student of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is [expressly] :

1. Expressly designated as student’s work [.] ;

2. Performed within the school of cosmetology; and

3. Performed under the supervision of a licensed instructor of the school of cosmetology.

Sec. 53. NRS 644A.800 is hereby amended to read as follows:

644A.800 1. Except as otherwise provided in subsection 2, an advertisement for services relating to the practice of cosmetology must list:

(a) The name, as it appears on the license, and license number of the cosmetological establishment [or establishment for hair braiding] where the services will be provided; and

(b) The name and number of the license or certificate of registration of any licensee or registrant mentioned in the advertisement.

2. An advertisement for services relating to the practice of cosmetology to be provided at a school of cosmetology must list the name, as it appears on the license, and license number of the school of cosmetology where the services will be provided.

Sec. 54. NRS 644A.850 is hereby amended to read as follows:

644A.850 1. The following are grounds for disciplinary action by the Board:

(a) Failure of an owner of [an establishment for hair braiding,] a cosmetological establishment, a licensed or registered, as applicable, esthetician, advanced esthetician, cosmetologist, hair designer, shampoo technologist, hair braider, electrologist, instructor, nail technologist, [demonstrator of cosmetics,] makeup artist or school of cosmetology to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

(b) Failure of a cosmetologist’s apprentice, electrologist’s apprentice, esthetician’s apprentice, hair designer’s apprentice or nail technologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

(c) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

(d) Gross malpractice.

(e) Continued practice by a person knowingly having an infectious or contagious disease.

(f) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

(g) Advertising in violation of any of the provisions of NRS 644A.800 or 644A.935.

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ê2023 Statutes of Nevada, Page 896 (CHAPTER 165, SB 249)ê

(h) Permitting a license or certificate of registration to be used where the holder thereof is not personally, actively and continuously engaged in business.

(i) Failure to display the license or certificate of registration or a duplicate of the license or certificate of registration as provided in NRS 644A.530, 644A.535, 644A.615 [, 644A.665] and 644A.710.

(j) Failure to display the sign as provided in paragraph (b) of subsection 1 of NRS 644A.615.

(k) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

(l) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

(m) Engaging in prostitution or solicitation for prostitution in violation of NRS 201.353 or 201.354 by the owner of a cosmetological establishment [, an establishment for hair braiding] or a facility in which threading is conducted, a licensee or a holder of a certificate of registration.

(n) Failure to comply with the provisions of NRS 454.217 or 629.086.

(o) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

2. If the Board determines that a violation of this section has occurred, it may:

(a) Refuse to issue or renew a license or certificate of registration;

(b) Revoke or suspend a license or certificate of registration;

(d) Impose a fine not to exceed $2,000; or

(e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 55. NRS 644A.855 is hereby amended to read as follows:

644A.855 1. If the holder of a license or certificate of registration to operate a cosmetological establishment [, an establishment for hair braiding] or a facility in which threading is conducted or any other licensee or a holder of a certificate of registration issued pursuant to this chapter is charged with or cited for prostitution in violation of NRS 201.353 or 201.354 or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board. Upon receiving such a report, the Executive Director shall immediately forward the report to the Board or the Chair of the Board. The Board must meet as soon as practicable to consider the report. If the Board finds that the health, safety or welfare of the public imperatively require emergency action and issues a cease and desist order, the Executive Director shall immediately send the cease and desist order by certified mail to the licensee or holder of the certificate of registration. The temporary suspension of the license or certificate of registration is effective immediately after the licensee or holder of the certificate of registration receives notice of the cease and desist order and must not exceed 15 business days. The licensee or holder of the certificate of registration may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the licensee or holder of the certificate of registration:

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ê2023 Statutes of Nevada, Page 897 (CHAPTER 165, SB 249)ê

(a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the licensee or holder of the certificate of registration immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

2. For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license or certificate of registration:

(a) On the date on which the notice is personally delivered to the person; or

(b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

Sec. 56. NRS 644A.870 is hereby amended to read as follows:

644A.870 1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential . [, unless the person submits a written statement to the Board requesting that such documents and information be made public records.]

2. The charging document filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

3. The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

Sec. 57. NRS 644A.900 is hereby amended to read as follows:

644A.900 1. It is unlawful for any person to conduct or operate a cosmetological establishment, [an establishment for hair braiding,] a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

2. Except as otherwise provided in subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed or registered in accordance with the provisions of this chapter.

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ê2023 Statutes of Nevada, Page 898 (CHAPTER 165, SB 249)ê

cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed or registered in accordance with the provisions of this chapter.

3. This chapter does not prohibit:

(a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

(b) An electrologist’s apprentice from participating in a course of practical training and study.

(c) A person issued a provisional license as an instructor pursuant to NRS 644A.415 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

(d) The rendering of services relating to the practice of cosmetology by a person who is licensed or registered in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

(e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist [.] who is approved to supervise the apprentice.

(f) A registered shampoo technologist from engaging in the practice of shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

(g) A registered esthetician’s apprentice from engaging in the practice of esthetics under the immediate supervision of a licensed esthetician or licensed cosmetologist [.] who is approved to supervise the apprentice.

(h) A registered hair designer’s apprentice from engaging in the practice of hair design under the immediate supervision of a licensed hair designer or licensed cosmetologist [.] who is approved to supervise the apprentice.

(i) A registered nail technologist’s apprentice from engaging in the practice of nail technology under the immediate supervision of a licensed nail technologist or licensed cosmetologist [.] who is approved to supervise the apprentice.

(j) A makeup artist registered pursuant to NRS 644A.395 from engaging in the practice of makeup artistry for compensation or otherwise in a licensed cosmetological establishment.

4. A person employed to render services relating to the practice of cosmetology in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing or registration requirements of this chapter if he or she renders those services only to persons who will appear in that motion picture, television program, commercial or advertisement.

5. A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

Sec. 58. NRS 644A.925 is hereby amended to read as follows:

644A.925 Nothing in this chapter [:] permits:

1. [Authorizes the use of any X-ray machine in the treatment of the scalp or in the removal of superfluous hair; or

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ê2023 Statutes of Nevada, Page 899 (CHAPTER 165, SB 249)ê

2. Permits the] The local application of [carbolic acid or corrosive sublimates or their derivatives or compounds, salicylic acid, resorcinol, or] any [other corrosive] substance for the purpose of peeling skin [. Any] that is not intended for use by:

(a) A cosmetologist or esthetician for the purposes of peeling skin at or above the stratum corneum; or

(b) An advanced esthetician for the purposes of performing a medium-depth chemical peel; or

2. The implantation of permanent pigment into the skin . [is prohibited.]

Ê A violation of the provisions of this section constitutes a misdemeanor.

Sec. 59. NRS 644A.930 is hereby amended to read as follows:

644A.930 1. It is unlawful for a person to alter a license or certificate of registration issued pursuant to this chapter.

2. It is unlawful for a person to reproduce mechanically or otherwise duplicate a license or certificate of registration issued pursuant to this chapter for purposes of fraud, deception, misrepresentation or other illegal purposes. A person may duplicate a license or certificate of registration issued pursuant to this chapter for a lawful purpose, including, without limitation, for purposes of displaying a duplicate license or certificate of registration pursuant to NRS 644A.530, 644A.535, 644A.615 [, 644A.665] or 644A.710.

Sec. 60. NRS 644A.935 is hereby amended to read as follows:

644A.935 With regard to advertising relating to the education, licensing, registration or practice of cosmetology or threading:

1. It is unlawful to advertise in any manner that is misleading or inaccurate with respect to any services relating to the practice of cosmetology offered by a licensee, registrant or other natural person.

2. An advertisement must not state or imply favorable consideration by the Board except that an advertisement may state that a cosmetological establishment, [establishment for hair braiding,] school of cosmetology, licensee or registrant is licensed or registered by the Board.

Sec. 61. NRS 644A.940 is hereby amended to read as follows:

644A.940 1. Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed [establishment for hair braiding or] cosmetological establishment.

2. The provisions of subsection 1 do not apply to:

(a) An aquarium maintained on the premises of a licensed [establishment for hair braiding or] cosmetological establishment; or

(b) A service animal or service animal in training.

3. As used in this section:

(a) “Service animal” includes only a dog that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.104, and a miniature horse that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.302.

(b) “Service animal in training” includes only a dog or miniature horse that is being trained for the purposes of 28 C.F.R. § 36.104 or 36.302, as applicable.

Sec. 62. NRS 644A.955 is hereby amended to read as follows:

644A.955 1. In addition to any other penalty [:

(a) The] , the Board may issue a citation to [a] :

(a) A person who violates the provisions of NRS 644A.900.

(b) A licensee or registrant who violates the provisions of NRS 644A.850.

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ê2023 Statutes of Nevada, Page 900 (CHAPTER 165, SB 249)ê

2. A citation issued pursuant to [this paragraph] subsection 1 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of [subsection 2.] section 4 of this act. A separate citation must be issued for each violation. [If appropriate, the] The citation may [contain an] include, without limitation:

(a) An order to cease and desist [.] , if appropriate; and

(b) [Upon finding that a person has violated] An order to pay an administrative fine for each violation.

3. If the citation is issued to a licensee or registrant and includes an order to pay an administrative fine for one or more violations of the provisions of NRS 644A.850, the amount of the administrative fine must not exceed the maximum amount authorized by NRS 644A.850.

4. If the citation is issued to a person and includes an order to pay an administrative fine for one or more violations of the provisions of NRS 644A.900, the [Board shall assess an administrative fine of:] amount of the administrative fine must be:

[(1)] (a) For [the] a first violation, $1,000.

[(2)] (b) For [the] a second violation, $1,500.

[(3)] (c) For [the] a third or subsequent violation, $2,000.

[2. To appeal a finding of a violation of NRS 644A.900, the person must request a hearing by written notice of appeal to]

5. The provisions of this section and section 4 of this act do not apply to the issuance of a citation by any inspector of the Board [within 30 days after the date on which the] pursuant to subsection 3 of NRS 644A.865 and do not limit the authority of an inspector of the Board to issue such a citation . [is issued.]

Sec. 63. A person who, on October 1, 2023, is the holder of a valid license to operate an establishment for hair braiding issued pursuant to NRS 644A.650 and who is otherwise qualified to hold such a license on that date shall be deemed to hold a license to operate a cosmetological establishment issued pursuant to NRS 644A.600, as amended by section 46 of this act.

Sec. 64. NRS 644A.045, 644A.060, 644A.365, 644A.385, 644A.390, 644A.423, 644A.425, 644A.430, 644A.650, 644A.655, 644A.660, 644A.665, 644A.670, 644A.675, 644A.680 and 644A.720 are hereby repealed.

Sec. 65. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 64, inclusive, of this act become effective:

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

(b) On October 1, 2023, for all other purposes.

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ê2023 Statutes of Nevada, Page 901ê

CHAPTER 166, SB 269

Senate Bill No. 269–Senator Ohrenschall

CHAPTER 166

[Approved: June 1, 2023]

AN ACT relating to cruelty to animals; revising certain prohibitions on restraining a dog; revising certain exemptions that authorize a dog to be restrained in a certain manner or maintained in certain enclosures; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits, with certain exceptions, a person from restraining a dog: (1) using certain tethers, chains, ties, trolleys or pulley systems or other devices; (2) using a prong, pinch or choke collar or similar restraint; or (3) for more than 14 hours during a 24-hour period. (NRS 574.100) Section 1 of this bill prohibits a person from restraining a dog for more than 10 hours during a 24-hour period.

In addition to the prohibitions on restraining a dog, existing law requires that any pen or other outdoor enclosure that is used to maintain a dog be appropriate for the size and breed of the dog. Existing law exempts from the limitations on restraining a dog or maintaining a dog in such enclosures circumstances where a dog is: (1) being used lawfully to hunt a species of wildlife in this State during the hunting season for that species; (2) receiving training to hunt a species of wildlife in this State; (3) being kept in a shelter or boarding facility or temporarily in a camping area; (4) temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes; or (5) with a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour. Existing law sets forth graduated criminal penalties depending on whether the offense is a first, second or third and subsequent offense for a violation of certain provisions relating to animal cruelty. (NRS 574.100) Section 1 eliminates the exemption where a dog is being kept in a boarding facility so that: (1) the limitations on the restraint and use of outdoor enclosures apply to a dog in such circumstances; and (2) the graduated criminal penalties also apply to such circumstances. Section 1 further: (1) exempts from the limitations where a dog is being processed into an animal shelter; and (2) limits the exemptions where a dog is temporarily being cared for as part of a rescue operation in conjunction with an animal rescue operation or staying in a camping area to a period of less than 1 month.

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 574.100 is hereby amended to read as follows:

574.100 1. A person shall not:

(a) Torture or unjustifiably maim, mutilate or kill:

(1) An animal kept for companionship or pleasure, whether belonging to the person or to another; or

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ê2023 Statutes of Nevada, Page 902 (CHAPTER 166, SB 269)ê

(2) Any cat or dog;

(b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;

(c) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;

(d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

(e) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or

(f) Abandon an animal in circumstances other than those prohibited in NRS 574.110. The provisions of this paragraph do not apply to a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering. As used in this paragraph, “feral cat” means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstrates characteristics normally associated with a wild or undomesticated animal.

2. Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:

(a) Using a tether, chain, tie, trolley or pulley system or other device that:

(1) Is less than 12 feet in length;

(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or

(3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;

(b) Using a prong, pinch or choke collar or similar restraint; or

3. Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.

4. The provisions of subsections 2 and 3 do not apply to a dog that is:

(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of the veterinarian’s practice;

(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;

(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;

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ê2023 Statutes of Nevada, Page 903 (CHAPTER 166, SB 269)ê

(e) Being [kept in a] processed into an animal shelter ; [or boarding facility or temporarily in a camping area;]

(f) Temporarily [being] for a period of less than 1 month:

(1) Being cared for as part of a rescue operation [or in any other manner] in conjunction with [a bona fide nonprofit] an animal rescue organization [formed for animal welfare purposes;] ; or

(2) Staying in a camping area;

(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, “agricultural operation” means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry; [or]

(h) [With] Under the direct custody or control of a person , [having custody or control of the dog,] if the person is engaged in a temporary task or activity with the dog for not more than 1 hour [.] ; or

(i) Being walked by a person using a leash.

5. A person shall not:

(a) Intentionally engage in horse tripping for sport, entertainment, competition or practice; or

(b) Knowingly organize, sponsor, promote, oversee or receive money for the admission of any person to a charreada or rodeo that includes horse tripping.

6. A person who willfully and maliciously violates paragraph (a) of subsection 1:

(a) Except as otherwise provided in paragraph (b), is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

7. Except as otherwise provided in subsection 6, a person who violates subsection 1, 2, 3 or 5:

(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at the person’s place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

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ê2023 Statutes of Nevada, Page 904 (CHAPTER 166, SB 269)ê

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

8. In addition to any other fine or penalty provided in subsection 6 or 7, a court shall order a person convicted of violating subsection 1, 2, 3 or 5 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2, 3 or 5 including, without limitation, money expended for veterinary treatment, feed and housing.

9. The court may order the person convicted of violating subsection 1, 2, 3 or 5 to surrender ownership or possession of the mistreated animal.

10. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:

(a) Carrying out the activities of a rodeo or livestock show; or

(b) Operating a ranch.

11. As used in this section, “horse tripping” means the roping of the legs of or otherwise using a wire, pole, stick, rope or other object to intentionally trip or intentionally cause a horse, mule, burro, ass or other animal of the equine species to fall. The term does not include:

(a) Tripping such an animal to provide medical or other health care for the animal; or

(b) Catching such an animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

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ê2023 Statutes of Nevada, Page 905ê

CHAPTER 167, SB 280

Senate Bill No. 280–Senator Nguyen

CHAPTER 167

[Approved: June 1, 2023]

AN ACT relating to health care; requiring a hospital to provide for the insertion or injection of certain long-acting reversible contraception if requested by a patient giving birth at a hospital; limiting the amount a hospital or provider of health care may require an insurer to pay for long-acting reversible contraception under such circumstances; prohibiting an insurer from refusing to cover a contraceptive injection or the insertion of certain contraceptive devices at a hospital immediately after an insured gives birth; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prescribes certain requirements governing the operation of hospitals and other medical facilities. (NRS 449.029-449.2488) Section 1 of this bill requires a hospital, upon the request of a patient giving birth at the hospital, to provide for the insertion or injection of long-acting reversible contraception unless: (1) the contraception is contraindicated for the patient; (2) a physician, physician assistant or advanced practice registered nurse determines that inserting or injecting the contraception would create an unreasonable risk of harm to the patient; or (3) the hospital is a religiously affiliated institution that objects to the insertion or injection of such contraception on religious grounds. Section 1 requires a religiously affiliated hospital that objects to the insertion or injection of such contraception on religious grounds to notify maternity patients of that objection. Section 1 also prohibits a hospital from requiring a provider of health care who objects to the insertion or injection of such contraception on religious grounds to participate in the insertion or injection of such contraception. Section 1 requires such a provider at a hospital to refer a patient who requests the insertion or injection of such contraception to a provider who is willing to provide that service. Section 1 restricts the amount that a provider of health care or hospital is authorized to require a third party insurer to pay for such contraception, the insertion or injection of such contraception or testing associated with such contraception. Sections 2-7 and 9 of this bill make conforming changes to provide for the administration and enforcement of the requirements of section 1 in the same manner as other requirements imposed by existing law on medical facilities.

Existing law requires certain public and private insurers, including, without limitation, Medicaid, to cover certain types of contraception, including certain implantable rods and intrauterine contraceptive devices. (NRS 287.010, 287.04335, 422.27172, 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715) Sections 8 and 10-16 of this bill prohibit such an insurer from refusing to cover the insertion of such a device or a contraceptive injection at a hospital immediately after an insured gives birth.

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 449 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, if a patient giving birth at a hospital requests the insertion or injection of long-acting reversible contraception, the hospital shall provide for the insertion or injection of the long-acting reversible contraception immediately after the birth unless:

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ê2023 Statutes of Nevada, Page 906 (CHAPTER 167, SB 280)ê

reversible contraception, the hospital shall provide for the insertion or injection of the long-acting reversible contraception immediately after the birth unless:

(a) The use of the long-acting reversible contraception is contraindicated for the patient; or

(b) A physician, physician assistant or advanced practice registered nurse determines that inserting or injecting the long-acting reversible contraception would create an unreasonable risk of harm to the patient.

2. A hospital that is affiliated with a religious organization is not required to provide the service described in subsection 1 if the hospital objects on religious grounds. Before scheduling a patient for maternity care or, if such scheduling does not occur, upon admitting a patient to the hospital for maternity care, the hospital shall provide to the patient written notice that the hospital refuses to provide the service required by subsection 1.

3. A hospital shall not require a provider of health care who objects to the service described in subsection 1 on religious grounds to participate in the provision of that service. If such a provider of health care at a hospital, other than a hospital described in subsection 2, receives a request for that service, the provider shall refer the patient to a provider of health care who is willing to provide the service.

4. A hospital or provider of health care may not require a third party to pay more for:

(a) Long-acting reversible contraception inserted or injected pursuant to subsection 1 than the lowest rate prescribed in a contract between the third party and a hospital or a provider of the same type as the provider of health care, as applicable, for the same type of long-acting reversible contraception.

(b) The insertion or injection of long-acting reversible contraception pursuant to subsection 1 than the lowest rate prescribed in a contract between the third party and a hospital or a provider of the same type as the provider of health care, as applicable, for insertion or injection of the same type of long-acting reversible contraception.

(c) Any testing associated with the insertion or injection of long-acting reversible contraception pursuant to subsection 1 than the lowest rate prescribed in a contract between the third party and a hospital or a provider of health care of the same type as the provider of health care, as applicable, for the same test.

5. As used in this section:

(a) “Long-acting reversible contraception” means a method of contraception that requires administration less than once per month, including, without limitation:

(1) An intrauterine device;

(2) A contraceptive implant; and

(3) An injectable contraceptive.

(b) “Third party” means:

(1) An insurer, as that term is defined in NRS 679B.540;

(2) A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for prescription drugs;

(3) A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

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ê2023 Statutes of Nevada, Page 907 (CHAPTER 167, SB 280)ê

of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

(4) Any other insurer or organization that provides health coverage or benefits in accordance with state or federal law.

Sec. 2. NRS 449.029 is hereby amended to read as follows:

449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

Sec. 3. NRS 449.0301 is hereby amended to read as follows:

449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to:

1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

2. Foster homes as defined in NRS 424.014.

3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.

Sec. 4. NRS 449.0302 is hereby amended to read as follows:

449.0302 1. The Board shall adopt:

(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1 of this act and for programs of hospice care.

(b) Regulations governing the licensing of such facilities and programs.

(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.

(g) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 1 of this act.

2. The Board shall adopt separate regulations governing the licensing and operation of:

(a) Facilities for the care of adults during the day; and

(b) Residential facilities for groups,

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ê2023 Statutes of Nevada, Page 908 (CHAPTER 167, SB 280)ê